In accordance with the current land legislation, land plots can be owned, lifetime possession, inherited, use indefinitely, and so on. The owner of the allotment may carry out its sale or any other transaction. We learn about how the alienation of property (land) is realized from this article.
Land plot transfer
Land turnover is regulated by the RF Land Code and the Civil Code. The following forms of ownership:
- State.
- Municipal.
- Private, which includes agricultural land and settlements.
On certain lands owned by the state or municipality, a limited turnover may be established. These allotments are indicated in Article 27 of the RF Labor Code. They are not allowed to be privatized or transferred into ownership.
Private territories, like other property, are inherited, donated, sold or transferred in another way, which is called "alienation of the land." It is possible:
- voluntarily or forcibly;
- on a fee or gratuitous basis.
Depending on the scope of rights, transactions can be divided into the following sections:
- Bought, donated, received on exchange, redeemed land. In this case, all rights are transferred, in accordance with article 207 of the Civil Code of the Russian Federation.
- Leased, transferred by proxy or in trust. This implies a transfer for a certain period of time. Therefore, such transactions are not alienation.
The disposal of property in any form becomes possible only after the registration and cadastral registration of the land in accordance with the Law on Cadastral Activities No. 221-FZ.
Only having the relevant information about the allotment of land with the necessary characteristics in the Rosreestr it is possible to confirm the right to own. Under this condition, it is possible to dispose of the site at its discretion in accordance with the Civil Code of the Russian Federation.
The terms of the transaction are provided for in the concluded agreement, which is prepared in 3 copies, one of which remains with the seller, the other with the buyer, and the third with the registration authority. If a piece of land is registered for a citizen under the age of 18, or is in common ownership, then the contract must be certified by a notary.
The fact that there has been an alienation of the share of the land plot or the whole allotment is certified by conducting state registration in accordance with the law “On state. registration ”No. 218-FZ.
How is alienation carried out?
In accordance with the RF Labor Code, citizens can obtain ownership of land that is in municipal or state ownership. According to Article 39.1, the following official papers serve as the basis for this:
- The decision of the executive branch.
- Free use agreement.
- Sales agreement based on the results of tenders, tenders or auctions.
The contract of alienation of a land plot is concluded on the following grounds:
- Transfer on a voluntary basis (while the allotment of land is sold, changed or given).
- Refusal of the right (rent).
- Land acquisition by court ruling on the termination of property.
Whatever the basis of the alienation of the land, this should be done according to the established provisions of the law. Otherwise, the transfer will be recognized as illegal or constitute an unauthorized seizure. So, occupation of the allotment without legal grounds is considered an offense for the commission of which there is legal liability under the Code of Administrative Offenses of the Russian Federation.
On a voluntary basis
In this case, the norms of the Civil Code of the Russian Federation on contracts and transactions apply. Usually we are talking about a bilateral transaction, in which there is a party - receiving and transmitting. A land plot is transferred to ownership after signing the contract and registering with the Rosreestr, sometimes with the consent of 3 persons. For example:
- Alienation of a share of a land plot or allotment in shared ownership shall be carried out with the consent of other owners.
- Agricultural land can be alienated only if municipal authorities refused to exercise their preemptive right to purchase.
- Alienation of land purchased during marriage is possible only with the notarized consent of the spouse.
- Private and legal entities, as well as municipal authorities and the state, can participate in the transaction.
Forced
In this case, the alienation can be of 2 types:
- in the form of confiscation, as a punishment for a violation;
- in the form of expropriation based on generally useful purposes.
Confiscation is carried out only by judicial decision, when the land is used for other purposes as provided for in the relevant category. There are cases in which real estate is forcibly seized without payment of compensation. These include the following:
- foreclosure on obligations held by the owner;
- unlawful reclamation from another's possession.
In the case of expropriation, the allotment of land is withdrawn for state or municipal needs for general useful purposes. Then the owner is paid compensation.
Conditions
Depending on the manner in which ownership is transferred and established, a specific procedure is provided. If the alienation of the land is a voluntary measure, then the algorithm of actions will be as follows.
- Determining the cost by mutual agreement of the parties or by the results of the conclusion of the assessment by experts.
- The conclusion of the contract.
- Registration of property in Rosreestr.
Agricultural lands are sold and bought on the basis of the law “On the circulation of agricultural lands” No. 101-FZ. In this case, the owner notifies the municipality in writing of the desire to sell the plot, indicates the price and other terms of the transaction. The municipality has a pre-emptive right to acquire land at the price that the seller offers.
Agricultural land cannot be alienated if local authorities have not refused to purchase. The owner must wait for the corresponding decision within a month. The main condition is turnover.
When a deal cannot take place
The alienation of a municipal land plot (or belonging to the state) cannot be carried out if:
- It belongs to the territory of national parks and reserves;
- allotment refers to the forest fund;
- or to natural areas that are specially protected.
- within the boundaries of the site are water bodies owned by federal or regional authorities.
If the abovementioned restrictions are not imposed on the land, then alienation is carried out in general mode.
Order
In oral form, only leases for up to one year are allowed. In other cases, a written form in the form of an agreement is provided. Thus, the following procedure for alienation of the land is provided. The first step is to conclude an agreement. It must include the following information:
- Subject.
- Parties.
- No burden on the ground.
- Cost and payment method.
- Other obligations.
The second stage, which should be envisaged, is state registration. Only after this the transaction will be considered completed, and the transfer of ownership will take place.
Preemptive right
There are cases in which several owners own the allotment of land at once - and one of them decides to sell, donate or exchange his share. As a general principle, disposal of property may be at the discretion of the owner. However, when the alienation of a share of the land is carried out, before the transaction it is necessary to notify the owners of other shares of their plans.
This step is accomplished by sending the notice in due form. This is stated in article 250 of the Civil Code of the Russian Federation. Due to the fact that the co-owners have the right to acquire a share under the pre-emptive right, other persons will have a chance to redeem the land only after a month.
If the land can be divided, then according to Art. 252 of the Civil Code of the Russian Federation, this is allowed both by agreement of the parties, and by a court decision. In this case, the common shared ownership ceases, and the owners can register their parts as separate plots. Then they are free to dispose of the property in a general manner.
In the case of agricultural purposes, the alienation of the land is allowed in accordance with the same law No. 101-FZ, as well as civil law. Subject to preemptive rights, co-owners may:
- Sale, gift, testament of a share.
- Disclaimer of ownership.
- Contribution of a plot to the authorized capital in an organization engaged in agriculture.
- Transfer of land to trust.
If the allotment is in shared ownership, and at the same time belongs to 5 or more people, then their disposal (for example, alienation of a building without a land plot) is carried out by making a decision at a general meeting.
Withdrawal
Article 51 of the RF Labor Code provides for the requisition of property. In exceptional circumstances, land can be confiscated to ensure civil vital interests. In this case, the owner is issued a document on the requisition.
There are cases when after the end of emergency circumstances the allotment is not possible to return. Then the owner can be provided with a similar plot or compensation in the amount of the market price of land. In addition to owners, requisition can be carried out in the case of permanent or gratuitous use, as well as during inheritance.
Without land surveying
If the land surveying procedure was not carried out, then since 2018 it has become impossible to alienate the land. This provision was introduced into the law "On the State Real Estate Cadastre" (Law on Amendments No. 447-FZ). This procedure applies to lands intended for horticulture, subsidiary and suburban households, private housing. Thus, in order to donate, exchange, mortgage or sell the land allotment, it is necessary to conduct a land surveying procedure. It should be understood that the availability of documents confirming ownership of land does not cancel this obligation. Only when the allotment zone is registered officially, it becomes possible.
Conclusion
Regardless of whether a gratuitous or reimbursable, voluntary or compulsory alienation of a land plot is provided, the procedure implies a complete loss of ownership of this allotment. The conditions and procedure for its implementation may vary. But the deal must go through all the rules established by applicable law. If there are any violations, the contract may be invalidated. And this, in turn, can lead to the fact that the transfer of ownership does not take place. Thus, when concluding a transaction, it is very important to familiarize yourself with all the nuances of the alienation procedure.