Sale of agricultural land. Sample sales contract

Land suitable for growing food-grade crops is considered a strategic target in all countries. In Russia, which, although it is considered in most of its territory to be a "zone of risky farming", there are plenty of suitable land for agriculture, and, like any useful resource, they are under close attention of the state.

Land for agricultural needs as a subject of transaction

During the perestroika period, when the legislative base in the country was almost completely changed, the state lost its status as the sole owner of the land. Adopted on April 25, 1991, the Land Code of the RSFSR and amendments to the Constitution of 1978 for individuals to own an unlimited number of plots for different needs. At the same time, a moratorium was established on the sale of agricultural land lasting 10 years, if received free of charge, and 5 years from the date of purchase for a fee.

However, with the adoption of the Constitution of the Russian Federation in 1993, all restrictions were lifted, and the plots became full-fledged participants in civilian traffic.

The Land Code of the Russian Federation (LC RF) in Article 11.1 defines land plots as part of the surface of the earth, the territory whose borders are established and registered in the manner prescribed by law. They are also immovable, divisible, non-consumable, circulating things, having a specific feature in the form of a legal regime (category), which is established depending on the purpose of the land.

Among the categories of land listed in the law, the lands used for the needs of agricultural production are in first place, due to their special importance for the state. In part 1 of Article 77 of the LC RF they include the following objects:

• Plots located outside the settlements and intended for agricultural activities - sowing crops, livestock, haymaking, as well as for the placement of relevant objects (farms, cereals, etc.).
• Plots where you can engage in agriculture, but belonging to other categories - settlement lands and non-forest lands of the forest fund.

All described objects in their composition are heterogeneous, and the following types of them may be included in the land intended for sale:

Regardless of the composition and proportions of the land, their sale will be carried out according to special rules defined by the RF Land Code and Federal Law No. 101- (hereinafter referred to as the Law on Turnover). However, there are some features of the sale of agricultural land with a significant inclusion of supportive land. In particular, their composition, conditions of occurrence and further use must be included in the text of the contract.

Land Sale Restrictions

Civil circulation of land is subject to restrictions established by the Civil, Land Code of the Russian Federation and other laws. Under them understand the conditions, prohibitions, constraining the owner during the alienation of the property (easement, mortgage, trust management, rental, etc.).

According to the provisions of the Law on Turnover, the purchase and sale of agricultural land has the following restrictions:

1. Land plots are not transferred to ownership by foreigners (individuals or companies), stateless persons, and also Russian enterprises if the share of foreign participation in their authorized capital is more than 50%.
2. Plots cannot be sold with the subsequent change of category (destination). In this case, after the transaction, it is permissible to change the permitted use of land. For example, grassland can be converted to pasture.
3. According to Article 4 of the Law on Turnover, only a certain area can be owned by one person (person or company) - from 10 to 100% of the total number of land within the boundaries of municipalities. More specific restrictions are established by regional acts.

Preemptive rights to purchase plots

Article 8 of the mentioned law defines the main obstacle to the free circulation of land - the priority of the region for the acquisition of land during its sale. Given the strategic and food importance of the territories, the restriction providing for a special procedure for alienation is justified.

The essence of the preemptive right is that the seller, with the intention of concluding a land sale agreement in the future, is required to provide the following information in writing:

• land value and settlement period between the parties (no more than 90 days);
• the area of ​​the object in hectares and sq. meters;
• location (address) of the site according to cadastral records;
• cadastral (conditional) number of the land plot;
• Seller information, including contact details.

The notice does not require information about the buyer. The law requires only the designation of desires for the alienation of property. Also, this document does not entail any obligation to sell.

The notice is transmitted to the office of the authority or sent by letter with a description of the attachment. Subsequently, the relevant notes and documents will be the main evidence in judicial disputes about the validity of the contract of sale.

If the executive body (department, ministry, department) of the region refuses to buy by sending the seller a corresponding notice, then the sale of the agricultural land should take place within 1 year. But the decision on the purchase of land may turn out to be positive. In this case, the articles of laws of the regional level begin to apply, providing for specific procedures for notifying the seller (notification, order or decision) and drawing up a contract of sale in the subsequent.

For example, the sale of agricultural land in the Moscow region, based on paragraph 3 of Article 10 of Law No. 75/2004-OZ of June 12, 2004, should take place within 60 days after the municipal authority decides to acquire the land.

In addition to the rights of a region or municipality, the legislation of the Russian Federation gives an advantage to other entities:

1. The lessee under clause 8 of article 22 of the RF Labor Code has the right to redeem the leased land from state-owned lands to all other comers.
2. In the event of the bankruptcy of the owner - an agricultural organization - the owners of neighboring lands have the right to preemptively acquire his possessions.

Compliance with pre-emption conditions is mandatory. In case of violation, the sale of agricultural land may not take place or be invalidated in court.

Land sale proposal: sample

The norms of articles No. 101-FZ are also being developed at the regional level by issuing separate laws. For example, the sale of agricultural land in Ivanovo is regulated by Law No. 31-OZ of May 08, 2008 "On the Turnover of Land in the Ivanovo Region." In other regions, provisions on the alienation of these facilities are included in general laws in the form of a separate chapter or paragraph.

The same thing happens with notifications of future sale of the site. In most regions, it is proposed to send a letter in any form, indicating in it all the necessary information. But in some entities, the form is approved by the executive body. For example, in the Nizhny Novgorod Region, a notice must necessarily comply with Appendix No. 1 to Government Decision No. 453-r dated March 13, 2012.

Preparing for a deal to acquire a site

The contract, as a legal fact, appears as a result of the procedure of its conclusion between independent parties (seller and buyer), which consists in reaching agreement on all conditions. However, to conclude an agreement, the following conditions are also necessary:

1. The formation of the land.

Sale of agricultural land can only be carried out in relation to individually defined plots, which implies their passage through the process of land surveying (establishing and fixing borders on the ground) and registration with the cadastral register in accordance with Federal Law No. 221-FZ of July 24, 2007.

2. Notification of the executive authorities of the region or / and district about the desire to sell the plot on specific conditions and receiving an appropriate response from them.

3. Obtaining the consent of third parties for the sale, expressed in writing. Current laws provide for the following types:

• Consent of the spouse of the owner to the sale (clause 3 of article 35 of the RF IC).
• The consent of the interim manager, a meeting of creditors or the person providing financial security (Articles 64, 82 and 101 of the Federal Law No. 127- of October 26, 2002, “On Insolvency”).
• The consent of the owner (peasant farms, agricultural enterprises) of neighboring territories, if the seller of the plot itself is in a state of bankruptcy at the stage of bankruptcy proceedings.

The above list of conditions is open, since the need to take certain actions to conclude a contract of sale depends on many factors, including the site itself, its location, copyright holder, and the method of disposal.

For example, when re-buying and selling, cadastral work is not required, since the subject of the contract has already been put on record. Notification of authorities of intent to sell is required only if the seller is a private person.

Essential conditions

The provisions of Article 432 of the Civil Code of the Russian Federation ( Civil Code ) determine that before the actual conclusion of the transaction and the transfer of property and money to the parties, it is necessary to agree on the following conditions:

1. Subject of the contract - a full description of the land, allowing to distinguish it from others. Practice has developed a set of information that must be indicated in the contract:

• cadastral number;
• address (location);
• area in hectares or sq. meters;
• category and permitted use.

2. Price of alienated land - a tangible expression of the obligation to pay for the seller to fulfill his terms of the contract of sale. It can be indicated both for the entire territory as a whole, and per unit area. The parties are free to choose the size of the price, but cannot change it arbitrarily.

In the absence of the above conditions, the contract for the sale of the land will not be concluded, and its mere transfer to the ownership of another person simply will not take place.

Rights and obligations of the seller of land

The sale of a land plot from agricultural land implies not only determination of the subject and price, but also full regulation of the actions of the parties (seller and buyer) regarding the transfer, acceptance and payment of property, as well as the subsequent processing of the document in Rosreestr.

The rights and obligations of the owner are defined in the current legislation of the Russian Federation and are as follows:

1. Obligations and rights of the seller.

1.1. Providing all the information available to him about the encumbrances (restrictions) of the site, its quality and prospects for its intended use. This is the information:

• on permission to conduct specific types of agriculture (arrangement of vineyards, creation of objects, etc.);
• the presence of neighboring plots that have any effect on the acquired plot;
• qualitative properties of the land that affect its use and value;
• other data that may in any way alter the buyer's decision to purchase.

Rights to a land plot may be limited by the establishment at the regional level of special requirements for the use and management regime and may be associated with the protection of the animal and plant worlds, preservation of soil fertility, habitats of rare species of animals or birds, natural migration routes, etc.

Landlord owners may not be aware of all the restrictions, but must indicate in the contract those that are known to him.

1.2. Transfer of land.

This provision means the seller’s actions on the actual and legal introduction of the acquirer into the ownership of the land. Moreover, it is not the literal meaning of “delivery” that is meant, but that which is invested in this word by law.

According to paragraph 1 of Article 224 of the Civil Code of the Russian Federation, any thing is deemed to be handed over after the customer immediately acquired it. The latter may be expressed as the release of the land from the seller’s property or the termination of management.

The obligation to transfer is made out in the form of a special document - the act of acceptance and transfer signed by the parties to the contract and only after that is considered fulfilled.

2. The main right of the seller is the ability to demand timely payment of the land under the terms of the contract of sale. If the property is alienated by the executive authority, then he has the right:

• control the protection and use of the site;
• Demand targeted use of property, as well as fulfillment of other obligations on the use of the territory.

Rights and obligations of the buyer of the land

The provisions on the actions and capabilities of the acquirer are generally similar with respect to the seller. Moreover, the latter may not be able to fulfill its duties without the appropriate action of the buyer. In general, they can be divided into 2 groups:

1. The main obligations.

1.1. Payment of the cost of the plot in the amount, terms and procedure established by the contract of sale. As a rule, this is expressed in the transfer of funds to the current account in full prepayment.

1.2. Performing actions aimed at taking the land into the actual ownership of the plots and drawing up an acceptance certificate.

The number of additional duties assigned to the buyer is quite large and usually includes the consent to pay land tax not from the day the landowner is changed in the registers of the tax authorities, but from the day the purchase contract is concluded or the moment the actual use of the property begins. He, as a rule, is obligated to conduct and pay for registration of transfer of rights to the site in the bodies of Rosreestr.

If the authority is the owner of the subject of sale, then other duties may be transferred to the acquirer, including:

• maintenance and improvement of the adjacent territory and access roads;
• terms and procedure for the development of the sown area;
• ensuring free access of representatives of state bodies to the site for the purpose of verifying the characteristics of management;
• preservation of boundary, geodetic signs;
• a specific set and timing of measures to protect and improve the condition of the land.

2. The main right of the buyer meets the obligations of the seller and consists in the requirement of timely transfer of the land with the possibility of unhindered exercise of his powers as an owner:

• construction of buildings and structures for agricultural needs;
• use for their own purposes of publicly available minerals, groundwater and closed reservoirs;
• conducting irrigation, drainage, reclamation works, the device of reservoirs (ponds and flooded quarries).

Land purchase agreements are not binding and are concluded according to the general rules on the sale of real estate. But it is not forbidden to use previous acts, forms of contracts. , 1-16/770 02.06.1993 . - . , .

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Ways to conclude a sales contract

Taking into account the form of ownership and subjective composition, the following procedure for the sale of agricultural land is distinguished:

1. The acquisition of a private plot according to the universal rules of sale provided for in § 7 of Chapter 30 of the Civil Code of the Russian Federation, Articles 30 and 38 of the RF Labor Code, Article 8 of the Federal Law No. 101-FZ.
2. Acquisition of land through tenders (tenders or auctions). Usually this procedure is carried out with the alienation of publicly owned plots. There are no separate rules establishing the features of the sale of agricultural land through tenders, and the norms of the Law on Turning refer to the standard provisions of Articles 38-38.1 of the RF Labor Code.
3. Land acquisition by the tenant. With this method of purchase, ownership is of great importance. If a private plot is subject to sale, then the transaction takes place according to universal rules. But to buy the leased land from a state or region, as follows from paragraph 4 of Article 10 of the Law on Turnover, it is possible in a preemptive manner, but only in the absence of applicable regulations issued by state or municipal authorities that provided the land for lease.

The principle of freedom of contract extends, inter alia, to the method of concluding it, which makes it possible to alienate land not only by universal rules, but also through private land tenders (tenders, auctions). The provisions of the Law on Turnover do not preclude this, obliging them to observe only the obligation to notify the authority of the subject of their intention to sell the land.