The article will talk about what documents you need to check when buying a house with a land plot, which causes controversial issues leading to litigation and loss of property. After reading the proposed material, everyone will be able to verify the existence of existing encumbrances that could provoke the loss of large savings.
Many today, deciding to buy their own land, pre-carry out work that allows you to get acquainted with the legal subtleties of paperwork such a transaction. This helps to avoid common common mistakes leading to the loss of a large amount of money.
In the courts you can meet victims, who insisted on executing their illiteracy there that the seller seemed to them to be honest, that he provided a notarized power of attorney to sell the land, that he was a good friend, a distant relative of close friends, so they believed him. These are standard situations in which it is not the scammer’s fault that is to blame, but the one who buys and does not know what to check when buying a house with a plot.
When it comes to acquiring out-of-town housing, the main focus is on the seller’s ownership of land and houses. But no one checks whether it is correct from a legal point of view, whether there is a registration of such documents. The most common mistake that leads to further litigation is when, unknowingly, a person who wants to buy a country allotment accepts the excuse that the seller is unable to produce a document confirming his ownership of the land because he owns it. for life because of inherited donations. The new owner of such land after its purchase will not be able to dispose of the property (sell it or donate it).
The same common mistake is considered the moment when the acquirer buys a plot of land on which the house was erected without registration. It is considered samostroem. The new owner will not be able to register it. Only long trials, numerous examinations, endless ordeal on instances will allow it. Practice shows that units can withstand such.
The pure fraud scheme is the sale of a land plot with a fake power of attorney. This is the most typical situation that may be faced by the buyer of suburban housing. Experienced lawyers always check whether there is a principal in real life, whether a power of attorney, which he provides to a potential buyer, has been carried out according to documents certified by a notary. That is why the implementation of the purchase transaction with the help of a law office is considered the most secure. If it was decided to independently buy land without the help of specialists, you need to know which documents to check when buying a house with a land plot.
On our website you can find contacts of construction companies that offer the service of designing and full support for the construction of houses. Directly to communicate with representatives, you can visit the exhibition of houses "Low-rise Country".
No matter how much the seller tries to endear himself, it is important to always include the head and not take into account the positive recommendations of friends, relatives, co-workers.
In order to purchase a suburban allotment, it is important to study the list of documents in detail:
A certificate confirming the ownership of the house, if one was erected on a land plot for sale. It can be presented in the form of an act drawn up by the commission when accepting housing (it should be fixed that the object is fully completed and ready to live, that it was built by someone who sells housing). Seller’s proprietary rights may arise on other occasions. For example, after the conclusion of the sale, or after the donation, barter. Then the owner must provide the potential buyer with a certificate confirming the state registration of the right.
Technical passport of the plot. This is a folder inside which there is a plan of household with a detailed description of all the symbols on it, with a list of the available objects, their purpose, with a description of the technical condition of each building. The passport must indicate the price component of all structures. It is issued BTI, located where the land is purchased.
Technical passport of each building located in the property zone with a detailed floor plan.
Extract from the book’s home. It is attached when housing suitable for permanent residence is being built on a plot of acquired land. It indicates the number of persons living in the house. Even if the seller is not on this list, and he is not registered in the house book, an extract will show whether the housing is not burdened.
Title Deeds. They confirm the ownership of this particular piece of land. These include a certificate of state registration of ownership, a contract of sale, a certificate of inheritance, documents obtained in the process of privatization of a plot of land (decree of the head of the district administration on the provision of land to the property, certificate of ownership of a specific land plot).
Cadastral plan of a plot of land. It is issued by the regional departments of Rosnedvizhimost. It shows the boundaries of ownership, information about the status of land, the standard cost, the area of the plot, all information about the owners.
It might be interesting! In the article on the following link read about the list of all documents when buying land and a country house and why they are needed.
Each real estate agency that cares about its reputation has a lawyer in the staff who knows what to check when buying a house with a plot, how to establish the existence of existing encumbrances. Therefore, cooperation with such organizations will allow you to protect yourself and save your own savings.
Understanding what you need to know when buying a house with a land plot in Russia allows you to competently approach the decision to become the owner of your own household. Independently identify the presence of a limit on carrying out any financial transactions with the described type of real estate is easy if you know where to look for the necessary information. Previously, this could only be done at Rosreestra; however, today, in the age of computer technology, it is easy to compile, send a request and get an extract from the cadastral passport of the property of interest on the official website of public services or on the page of specialized applications without leaving home.
What should a potential buyer know? It is useful to find out, even before the transaction, whether there is an easement on the land plot, whether it is under arrest, whether it is lent on bail to the bank in which the seller pays the mortgage.
A servitude is a type of household where the owner uses someone else’s land . He does not have the right to sell it, but he can build communications on the ground, conduct water supply, electricity, and sewage. Such an owner may have the right to travel through someone else’s land or use it for the melioration of his allotment. Selling, having the status of servitude, he can not.
Long-term lease is another type of encumbrance. Many owners who rush to sell their plot of land are contractually obligated. Long-term lease agreements are not an obstacle to the sale of land, and for its inheritance, knowing this, unscrupulous owners may keep silent about the encumbrance and conclude a deal with an inattentive buyer. Then the burden of responsibility falls entirely on the shoulders of the new owner. Note! Anyone who finds himself in such a situation should carefully study the lease agreement and try to negotiate with the tenant by hiring a qualified lawyer.
It might be interesting! In the article read the following link about what is better - a mortgage for a country house or save.
Concession is another kind of burden. It implies certain restrictions on the use of a building built on the territory of a suburban land plot. If there is a concession agreement, it will not be possible later on to dispose of your household, transfer housing to non-residential, for example, or do the opposite at your own discretion.
Trust management is the transfer of the property of one person under contractual terms to another person for an indefinite period. The person who issues trust management to himself does not have the right to sell the land and everything built on it, he can only manage real estate and property, doing it in the interests of his client.
The arrest of property and land is in most cases related to the presence of debt.Its imposition is carried out in strict accordance with the writ of execution issued by the court. Having such a burden, the owner does not have the right to sell the land, lease it, or dispose of the property. Any such transaction is illegal.
There are other types of encumbrance. Most of them are related to the protection of specific cultural objects. All types of restrictions must be recorded in Rosreestre. You can request information by contacting the USRN (Unified State Register of Real Estate). Without such a procedure, the sale of a land plot with a house will be difficult to call safe. Not only a legal entity, but also an ordinary citizen of Russia is able to issue and send a request.
In order to accomplish what he wants, he can make a request in electronic form through the official portal of public services, send it through the system of multifunctional centers or send directly to the territorial office of the Federal Registration Service. The request must specify the cadastral number of the site and the exact address of its location. The applicant receives a response in writing. If there are any encumbrances, the statement will contain a list of all the basic information on the requested site.
The video tells how to issue an extract from the USRN online:
The USRN database is updated in real time to secure the purchase transaction -sales, experts recommend ordering an extract immediately before the contract.
It may be interesting! In the article on the following link read about the restoration of the family house.
Knowing which documents to check before purchasing a land plot, you can protect yourself and save your own savings. Scammers eagerly exploit the illiteracy of potential buyers and often sell plots with burdens. They restrict the rights of the new owner and do not allow him to dispose of the purchased site in its consideration. In order not to get into such a situation, it is necessary to hire an experienced lawyer to check the documents or to search for a suitable property with the help of a real estate agency with an impeccable reputation in the market. Those who increase their legal literacy and can study in advance what documents should be checked before buying a country land can save on their services.
A little more attention
Write in the comments - do you think it is difficult to compile and send a request to the EDRN.
Still, tell me if there is at least one person among your acquaintances who has suffered and lost all his savings after purchasing the land plot with a burden.