News: Legal support of the land transactions
Legal support of the land transactions is relatively new development in the civil circulation. Only for the last decade individuals and legal entities obtained rights to acquire, present and exchange the land parcels.
Inherit them or get as a present. Land is a general real estate resource to which all other objects are related. In view of this, it is always characterized by high value and beneficial mean for the capital investment. These circumstances stipulate high attractiveness for criminal structures, which, using weak awareness of purchasers of land legislation, apply fraudulent schemes and illegal takeovers of land. They differ from schemes used for purchasing of an apartment or sale of an apartment. Preparing transaction with the land parcel, it is always necessary to enlist the legal advice and support of the land transaction from initiation to completion of all actions prescribed by law.
Legal support of transactions with land parcels – what should be noted
General attention in support of the transactions with land parcels should be paid to its designated purpose. Land Code of the RF prescribes 8 types of lands:
- Agricultural;
- Land that belongs to settlements;
- Used for industrial and transport purposes;
- Having specific cultural and historical value;
- Specially protected territories;
- Forest Fund;
- Water Fund;
- For recreational purposes;
- Reserve lands.
Federal Law No.32 as of 14.03.2009 and Federal Law No.206 as of 23.06.2016 directly prohibit use lands for other purposes. It should be taken into account as unfair sellers assure inexperienced purchasers that transfer of the acquired land parcel to another designated purpose and put up the construction is not worth anything. As a matter of practice, it is almost unattainable task.
What does the legal support of the land transactions mean?
With the purchase of real estate lawyer (purchaser) who provides support of the transactions with land parcels shall ensure that:
- There is a certificate of land title (on the basis of extract from the Unified State Register of Real Estate Rights and Transactions);
- The cadastral passport is issued and state registration of property has been conducted;
- The document confirming the property right of the counter-agent;
- The land is free of encumbrance (pledge, arrest, easement etc.).
- Draft or analyse the agreement of sale and purchase proposed by the seller;
- Upon conclusion of a transaction, register the ownership transfer in the Russian Register.
Frequently encountered problems in the sale of land
More times than not fraudsters sell the land without notification on its designated purpose. Purchasers are attracted by the low price of such parcels. It is also a commonly found situation when at the moment of making a transaction with one purchaser a parallel transaction is concluded with another one or several purchasers – “double sale”. The fraudster obtains an advance payment from each purchaser and disappears. It is not uncommon when real size of the parcel does not correspond to the relevant document for the object provided by the seller. Sellers suppress availability of underground communications or geological features under the parcel, which raise difficulties for construction. Those who have an access to information about conducting auctions, attempt to sell lands designated for gratuitous transfer for citizens entitled to benefits.
Support of the land transactions is necessary as not everyone is able to verify all these “pitfalls” independently. Only because not all ordinary citizens have an access to databases or can use them.
