Currently, a plot of land can be the subject of many transactions: gifts, sales, leases, rents, mortgages. In addition, land may be transferred on the basis of a will or in accordance with the law of succession. In this article, we consider the types and characteristics of transactions with land.
general information
According to the Federal Law, which contains information on the registration of real estate objects, all transactions with land plots must undergo the procedure of compulsory registration of state significance in the local Federal State Administration. registration, cadastre and cartography services (hereinafter Rosreestr). It is important to note that in the process of registering the relevant types of transactions with land plots of contracts, it is necessary to accurately determine the characteristics of the transaction object. Among them are the cadastral number of the land plot, the location of the immovable property, its area in accordance with the cadastral plan or title documents, the purpose and category of land.
Sale transaction
Further, it is advisable to analyze the concept and types of transactions with land plots. Land law transactions should be understood as certain actions on the part of individuals and organizations with the aim of establishing, changing or terminating rights and obligations of civil significance in relation to land as real estate and a natural object.
To begin, consider the buying and selling process. This type of transaction with land should be interpreted as the acquisition of land. It should be borne in mind that the key requirements for the implementation of a purchase transaction are specified in Article 37 of the Land Code and Articles 454, 491, 549-557 of the Civil Code. Among the main provisions of the RF LC, it is important to note the following:
- The plot must be registered with the cadastre.
- It is necessary to indicate the type of transaction with land (in other words, information regarding the type of permitted use).
- Account should be taken of easements and encumbrances.
- It is important to disclose the issue of the availability of power transmission lines, pipelines and gas pipelines, underground cables and so on.
Documentation
It is worth considering that today the following documents are submitted to the relevant bodies of state significance for a transaction with a land plot related to sale:
- Application for registration of the contract.
- Originals and copies of title documents for the land.
- Certificate of state registration of ownership of the alienated object (it is worth supplementing that this paper is issued by the UFRS).
- Help confirming the normative value of land.
- Extract from the house book; information about persons living in the house; information about the absence of other land users.
- An agreement confirming the fact of a transaction for the sale of an immovable property.
- Identity documents of participants in the transaction (as a rule, these are passports).
- Paid duty of state significance for the registration of an immovable property.
- Cadastral plan of the land.
The concept and types of transactions with land. Giving
Under the gift should be understood free transfer of land to the property. It is worth noting that a package of securities required for state. registration of a gift contract is usually identical to the one presented above (regarding a contract of sale). This registration of a transaction with a land plot implies the existence of certain restrictions in accordance with which donation is not allowed. Among them, it is important to note the following reasons:
- The conclusion of a deed of gift after the death of the owner of real estate is unacceptable.
- Donation of a piece of land that is jointly owned is subject to the consent of all owners.
Inheritance as a type of transaction with land
Inheritance is one of the most common procedures at present with plots of land. In accordance with it, the right of ownership passes in accordance with the will or, in the absence thereof, by law. It is worth noting that both land plots owned by the owner and according to the right of inherited tenure for life can be inherited. In this case, the transaction with the land involves the preparation of a will in writing. In addition, the document must be certified by a notary. Today, the procedure for determining heirs is carried out in accordance with applicable law. It should be borne in mind that a certificate relating to the right to inheritance is not a confirmation of the right of ownership to a piece of land - one way or another, state registration is necessary.
Unilateral and multilateral transactions
Further, it is advisable to analyze the characteristics of transactions with land regarding their second classification. So, transactions should be considered as certain actions of individuals and organizations that are aimed at the establishment, amendment or termination of rights and obligations of civilian significance. Depending on the number of participants in the transaction, they can be multilateral (bilateral) and unilateral. Recent transactions with land plots under land law involve the expression of the will of one party or one person. A striking example here is a testament. Multilateral (bilateral) transactions are referred to as contracts. It is worth noting that in order to conclude a contract, an expression of the agreed will of two or more parties is necessary.
Transaction Requirements
It is important to note that the issue of regulation of transactions with land includes certain requirements for their completion. These provisions are listed in Chapter 9 of the civil legislation in force in the Russian Federation. So, transactions with sites are carried out exclusively in writing. They are subject to state. registration in those cases provided for by paragraph 1 of Article 164 of the Civil Code. It is worth noting that non-compliance with registration requirements in situations established by law, one way or another entails the invalidity of the transaction. The presence of such circumstances indicates the nullity of the commercial operation in accordance with paragraph 1 of Article 165 of the Civil Code.
The contract, which is subject to state. registration, is concluded immediately after its formalization, unless otherwise provided by applicable law (paragraph 3 of Article 433 of the Civil Code). Among the peculiarities of transactions with land plots, it should be noted that additional operations related to the change or termination of transactions that were registered earlier are also subject to state registration. It is worth noting that the principle of freedom of contract is enshrined in civil law today. In accordance with it, the parties may conclude transactions stipulated or not prescribed by law, as well as mixed contracts that contain elements of different operations. It should be added that mixed transactions are subject to state. registration in accordance with the general rules.
What other classifications exist? Alienated transactions
Currently, transactions can be divided into those that are subject to state registration, and operations that are not subject to registration by the state. In addition, the classification in accordance with legal consequences indicates the existence of alienation transactions (in other words, entailing the transfer of rights to real estate) and transactions that do not entail this transition.
So, transactions with alienation are primarily aimed at transferring real estate to property. It is advisable to include a contract of sale. In accordance with this agreement, the seller is obliged to transfer to the buyer a piece of land, and the buyer is obliged to take this land and pay a certain amount of money for it. It is worth noting that the presented contract is not subject to the registration procedure, which is carried out by the relevant state bodies. He is a prisoner immediately from the moment of signing. Nevertheless, the contract of sale of premises of a residential type is in any case subject to state registration. This difference should be remembered so as not to be mistaken in practice.
In addition, a barter agreement is not subject to registration. In this case, the relations of the parties are built according to the rules of sale. It is important to consider the following aspects:
- Actual presentation of the equivalence of exchanged goods in accordance with paragraph 1 of Article 568.
- In the event of an unequal exchange, the difference is paid.
- A transfer of the right to ownership of exchanged goods has been established simultaneously after both parties have fulfilled their obligations to transfer them, unless otherwise provided by an agreement or law (Article 570).
It is worth noting that barter can exist without an accompanying monetary valuation of land. Next, we consider a donation agreement, which is somehow subject to the registration procedure. In accordance with this agreement, the donor transfers property to the donee on a free basis in accordance with paragraph 1 of Article 572 of the Civil Code of the Russian Federation. It is important to note that the execution of the contract after the death of the donor is an illegal transaction with the land. The main feature of this operation is gratuitousness. Under a deed of gift, a counter grant of the right, a counter transfer of a thing or the existence of a counter obligation is unacceptable.
An annuity contract involves the transfer of property to one party (payer) from the other (recipient) of real estate. The payer in this case is obliged to periodically pay the recipient a rent, which indicates a certain amount of money or the provision of funds for maintenance in another form in accordance with paragraph 1 of Article 583 of the Civil Code of the Russian Federation. It should be borne in mind that today a rental contract must be notarized. In addition, in accordance with the established rules, he passes the state registration procedure if real estate is transferred for payment of rent. Rent is permanent (perpetual) and lifetime, which is paid throughout the life of the recipient.
Among the transactions with alienation, it should also be noted lease agreements with the possibility of redemption, as well as the adoption of property complexes by inheritance in accordance with part 3 of the Civil Code of the Russian Federation, which entered into force in 2002.
Transactions without alienation
As a rule, transactions without alienation are aimed at transferring real estate as collateral or for use, which in any case gives rise to an encumbrance (restriction) of the right. These include the following types of contracts:
- Lease contract. A lease should be understood as the provision of certain property complexes (in our case, a plot of land) for temporary use for a fee, subject to the conclusion of a lease. It is worth noting that state registration is mandatory if the document is drawn up for a period equal to one year or more than this period.
- Mortgage (real estate pledge) agreement. In accordance with paragraph 1 of Article 1 of the Law on Mortgages, the pledge holder (first party), who is the creditor in accordance with the obligation secured by the mortgage, is entitled to satisfy his own monetary claims against the debtor under this obligation from the value of the mortgaged property of the second party, the mortgagor, mainly to other creditors. It is worth noting that the appearance of a mortgage is currently possible in accordance with the contract or legislation in force on the territory of the Russian Federation.
- Contract of participation in the construction of an equity plan. You need to know that this type of contractual obligation is recorded as a mortgage encumbrance in favor of construction participants who have entered into an agreement, or a banking institution that provided a loan for construction.
Conclusion
So, we have analyzed all the types of transactions with land plots that exist today, their features and rules for concluding. It is only necessary to add that the possibility of organizing tenders (auctions, tenders) serves as a very interesting feature of transactions that are concluded with respect to land plots. This practice is spreading wider and wider. Moreover, a number of cases involve mandatory tendering in accordance with the law.
It is worth remembering that the disposition of the land should not harm the environment and other spaces, as well as violate the legitimate interests and rights of others, environmental, construction, sanitary and hygiene, urban planning, as well as fire safety standards and requirements.