What to check when buying a plot. What you need to know when buying a plot of land. What nuances should you also pay attention to?
When purchasing any property, the buyer should be careful. But special care should be taken when it comes to purchasing land plot. Therefore, before committing, you need to carefully check both the site itself and the seller’s documents.
What land can you buy?
“What do you need to know when buying a plot of land?” – people who are going to become the happy owners of such a property are interested. First of all, you need to make sure in person that the plot really exists, and its area is exactly what the seller named. It is also necessary that the seller has permission for summer cottage construction or for residential construction if you are just buying land, without a house. There may be restrictions on construction if the site falls into an area where it is prohibited (for example, a gas pipeline area).
There may be restrictive covenants associated with the land you are purchasing. A deed of limitation is a legal obligation under a property contract that is imposed on the buyer. Such restrictions often “run with the land” and are enforceable by subsequent purchasers of the property. A typical example could be: “no fence may be built on the property except dark wood and not more than six feet in height,” etc.
These restrictive covenants are put in place to ensure development is more standardized and to protect property values. They can also be used to limit or control activities that occur in that development, such as home and home activities. Since these covenants may also dictate the minimum occupancy allowed, the number of homes on the lot, and what type of construction the home must be, it is important to know any covenants before purchasing land. Your real estate professional should have them for you or can easily access them.
Before purchasing land, you need to find out what category it belongs to:
- Agriculture. If this is agricultural land, then you need to find out from the seller whether the rights of local governments are violated when making a land transaction.
- Land of settlements. Here you need to check whether you are violating rights ex-husband or the seller's wife.
Where can you build?
If you are going to build a summer house on a purchased plot, you are probably wondering on what land it is possible to build a house?
Before you buy, be sure to find out what utilities were brought to the property. Often undeveloped land has few, if any, utilities coming to the property. If you decide to purchase a property that does not have utilities, you will be responsible for the cost and effort to bring them to your land. This includes electricity, water, gas, telephone and cable. Check with local utility companies in your area to determine what will be required.
For many objects in rural areas water cannot enter the property, so you will need to drill a well and install a septic system. While there are several various types wells, all of which must be constructed to utilize and deliver sanitary water. They need to be drilled deep enough to draw water from an aquifer or layer of saturated soil or rock. Visit your local health department to determine what the rules are for your area.
- on land intended for individual housing construction;
- in areas located within the boundaries of settlement lands;
- on land for summer cottage construction;
- On the territory of a peasant farm, you can build a house for the farmer to live.
Sample contract and features of its execution
What do you need to know when purchasing a plot of land for individual housing construction? Necessary information about the site that should be in the contract ():
If you have no prior experience with a septic system, you should be assured that most modern septic systems operate in a clean, efficient manner and are regulated by local agencies that closely oversee their design and installation. Note. Not all lands will "perk" properly. Meaning, it must be tested for compatibility with the septic system. This should be taken into account when purchasing land.
With undeveloped land, you may have to build a private road or driveway from a public street. If so, be responsible for maintaining it? Additionally, do you have access to public transportation or is there a recorded easement that will allow you access to the property? Even some developed lands include a private road that you can share with others during the development process. When this happens, you and your neighbors will be responsible for maintaining that road.
- exact address of the site;
- his ;
- land area;
- what category of land does it belong to;
- purpose of the site;
- There may be other information that helps determine the registration of the site.
How to draw up a purchase and sale agreement
- Check if the seller has a certificate of title to the land.
- It is necessary to check whether the size of the plot corresponds to the size stated in the cadastral passport. But it’s quite difficult to do this on your own, so you’ll have to pay a geodesy specialist for his services.
- You can conclude a regular contract or a contract with a notary (this is determined at the request of the buyer).
After purchase, present the following documents to the Federal Registration Service to register ownership:
While the cost and effort associated with bringing utilities and roads to your property is something you need to consider when planning, the beauty and integrity of privacy in more rural areas can really be worth it.
These elements may or may not be a factor in any property you consider purchasing. However, if any of these are attached to the case for your land, you need to be aware of them in advance and plan for them as you design your home. A lien is a monetary claim against a property to secure an obligation or debt of the current owner of the property. This could be for a tax refund or for work done by the current owner for which payment was not made.
- passport;
- document confirming the seller's ownership;
- an agreement stating that the transaction has taken place and the rights to the plot have transferred to you;
- land cadastral passport;
- notarized consent of all owners of this site;
- payment receipts (proof that the transaction has been completed).
Within a month you will receive your certificate of title.
Sample contract and features of its execution
They usually appear when a title search is performed, and most banks require them to be satisfied before the purchase can be completed. An easement is someone's right to use your property for a stated purpose, and like a restrictive covenant, it "runs with the land" and transfers with a change in ownership.
We will also consider other points
There are two types of easements you may encounter. First, there is a gross easement that will have the utility of allowing them to place power or gas lines on the property. Secondly, these are convenient easements that involve two owners who are adjacent to each other. One has the right to use the other's property, for example, to build a driveway to a road common use through the property of a neighboring neighbor.
Rules for purchasing land in gardening
“What do you need to know when buying a plot of land in SNT?” - future summer residents ask. There are two options for making a transaction:
- Direct agreement with the owner of the land plot.
- Acquisition of land by proxy from the seller.
In any case, purchasing a plot from a gardening non-profit partnership will be carried out much faster if you prepare in advance all the necessary documents and also make photocopies. It is better to make 3-4 copies of all documents in order to accurately submit the documents the first time. A copy of all pages of the passport is not needed. It is enough to make a photocopy of the first spread and the spread with registration, and the copies should be placed on one A4 sheet.
Is state registration required?
It is possible that the easement is not currently in use, but do not assume that this will always be the case. If this is part of your business, then it can be used at any time. Your real estate professional can help you determine if there are liens or easements associated with the property.
Advantages of purchasing land in a cottage community
When you're looking at a piece of land, look for iron pins at the corners of the property or when the property line makes a turn. Some iron pins are also located in the center of the road. If you are at all unsure about property boundaries, look at an existing survey or update your current one. You must be sure of the boundaries to place your home within right place on the object.
Check that the seller, who was a member of the SNT, has no debts to the partnership. If a person has not paid the targeted contributions, then you should not be surprised if suddenly the electricity or water is turned off at the dacha (if the water supply was installed with money from the targeted contributions). Therefore, you should immediately ask the seller to provide a certificate of absence of arrears in payments.
What if you buy a plot of land with a house?
Perhaps you don't want to spend time and effort on construction. Then good option will buy not just land, but a ready-made dacha. What do you need to know when buying a plot of land with a house?
- Often plots with houses are sold by elderly people who find it difficult to maintain their dacha. Often, in old age, sellers suffer from mental illness and sign deals in an inadequate state. In order to avoid problems with the seller’s relatives in the future, it is ideal to ask for a certificate stating that the seller is not registered with a psychoneurological dispensary. You should ask for this only as a last resort if the person’s behavior worries you;
- if it is not the owner himself who sells the land with the house, but his representative, it is necessary to check that he has the right to carry out such transactions;
- In addition to the fact that you need to find out whether the seller has paid all the target fees, it will not be superfluous to make sure that the taxes have been paid;
- check whether your future land is reserved for government needs, for example, for the construction of a highway. Such information can be obtained from the SNT administration.
Specific communications issues
Once you know what land you want to buy, consider the costs associated with developing it before making an offer. If you're looking at two pieces of land at roughly the same price and size, but it would require a well, a septic tank, and significant excavation to meet your home's needs, would the additional expense still cost you and your family? This may be the case, but be sure to have all the facts before you sign on the dotted line.
When looking at land, there are many questions before making an offer. Start with the most important questions so you can quickly get rid of packages that won't meet your needs. If you're working with a real estate agent, start with him or her. However, important issues should also be referred to the appropriate authorities or specialists - for example, city officials regarding permits, setbacks, zoning regulations and on-site cleanup. If the answers seem vague or just opinions, find out who the regulatory authority is and set up a meeting.
Advantages of purchasing land in a cottage community
If you are tired of the noisy city and want to live closer to nature, you should think about building a cottage. What do you need to know when buying a plot of land in a cottage community? Despite the fact that land is not cheap at all, if you are going to build a cottage, buy 12-15 acres, because otherwise almost all the space will be taken up by the house and there will be no area left for relaxation in the garden.
When issues remain unclear, get a second opinion. If at all possible, contact the public official in writing. In real estate, only written communications are legally binding. In many cases, you won't know everything about the package before bidding. First, you don't want to waste money on investigations before your bid is accepted. The remaining unknowns should be added to your bid proposal and explored only if the bid is accepted.
Qualitative characteristics of the area
Most of these questions appear in other sections where you can get a more authoritative answer. Are there any liens, rights of way, easements, covenants or other restrictions or encroachments on the property? Are there any general funds or common property that homeowners or developers will need to manage. How will this be handled? Will there be a homeowners association and fees? Are any areas of the parcel designated wetlands or floodplains? Does the site have access to electricity, natural gas, city water or sewer? Whether there is a drinking water Location on? What is the flow and quality of water? Regular or Clear and Concise Boundaries?
- Is the party in good shape?
- What other construction is planned or possible on surrounding lands?
- Are there any protective covenants?
The main advantage of purchasing a plot in a cottage village is that the developer guarantees in any case that the residents of the village will be provided with individual engineering systems.
If in ordinary gardening there are areas where it is technically impossible to provide water supply, or the water is of such low quality that you will have to spend a lot of money on its purification, such a situation cannot exist in a cottage village. The village has every opportunity to provide residents with quality services. That's why everyone more people choose this option. After all, it’s better to pay more once, but then live in comfortable conditions in nature and pass on a good inheritance to your children!
What are the failure requirements for houses, porches, decks, outbuildings or anything else you plan to build? Is the road publicly maintained? Are there restrictions on home size, height, coverage area or other restrictions. What permits and fees are required and what are the costs? construction, electrical, plumbing, porch, patio, well, septic tank, driveway? Are there fees or special assessments?
- How many rooms are allowed?
- Is there suitable road frontage or suitable right of way?
Having become familiar with the main problems that arise when purchasing a plot of land, it will be much easier for you to make your choice. Check all the documents carefully, then very soon you will be resting comfortably on fresh air, and maybe you’ll move out of town for permanent place residence.
What you need to know about the right purchase land plot Marina Antonova, lawyer, real estate consultant and entrepreneurial activity Like any sales transaction, the purchase of land can have many pitfalls and tricks in favor of the seller. So what are the right steps to take to ensure the land of your dreams is under your feet?
Does your home have other uses you have planned, such as a home-based business, duplex, guest cottage, chicken coop, etc. Is it zoning compliant? If available city sewer, which total cost connections, including fees? If the land is not tested, can they recommend the names of companies authorized to do the testing? Does the area where you tend to have problems with high tables water for poor soils for septic systems? If so, what types of alternative systems are allowed? Are there any known issues in the area with good harvest or water quality? How deep are typical wells in the area?
- What is the property zoning district?
- Are you in a special district?
- What type of septic system is allowed?
- How can there be bedrooms?
- Has the septic design been completed?
What do you need to know about buying a plot?
Like any sales transaction, the purchase of land can have many pitfalls and tricks in favor of the seller. So what are the right steps to take to ensure the land of your dreams is under your feet?
The acquisition of a land plot as an immovable property* begins with the formation of the land plot itself. You need to make sure that the land plot really exists and exactly within the boundaries that interest you and, as a result, its area corresponds to what the Seller is talking about. You can verify the presence and reliability of these circumstances by obtaining data from the state real estate cadastre, which is of a public nature and can be provided upon application by any person (it should be noted that such an information resource is currently being actively developed: as a public cadastral map on the website http:// maps.rosreestr.ru/Portal/, although its information is not yet complete and up-to-date, there is an active and constant replenishment of the information base). It is also necessary to determine why you need this land plot: in accordance with current legislation, land plots in Russian Federation must be used in accordance with intended purpose(category) and permitted use, land use and development rules in each territory establish restrictions on the maximum and/or minimum size a plot of land that is supposed to be used for certain purposes.
Before buying land, you need to find out what category the selected plot belongs to.
Agriculture: if this is a category of agricultural land, then the pre-emptive right to purchase belongs to a subject of the Russian Federation or a local government body. Action of the buyer: make sure that such a right is not violated, that the seller notified interested parties and received their refusal to exercise such a preemptive right.
Land of settlements: plots belonging to the category of land of settlements are sold without the permission of other persons, except for the participants in common joint property - spouses. Buyer Action: Check to see if there is a co-owner (i.e. spouse). If so, there must be written permission from the other half to sell the joint property.
To ensure that the site is not empty and that it is possible to conduct construction works, permission required:
-O dacha construction;
-for individual housing construction.
Another circumstance that needs to be clarified is the presence of restrictions related to the fact that the land plot or part of it falls into zones of limited or special management, security, protective or other special zones, for example, such a zone may turn out to be secured territory gas pipeline (in which construction is prohibited), or a security zone of an industrial enterprise. Check for limited use rights to the land plot of interest. Such a right can be established in the interests of a specific person (private easement) or in the interests of an indefinite number of persons (public easement) and, of course, it is necessary to establish the absence of other encumbrances on the rights to the land plot (mortgage, arrest, etc.)
Next, you can proceed to concluding a purchase and sale agreement between the seller and the buyer. Under the contract, one party (seller) undertakes to transfer ownership of the goods (land plot) to the other party (buyer), who, in turn, undertakes to accept the goods and pay a certain amount for it. sum of money**.
Buyer's actions: make sure there are documents confirming such permission. Contents of the purchase and sale agreement
Important points in the purchase and sale agreement, without which it will be considered invalid:
Subject of the agreement.
The contract must contain information that makes it possible to identify and unambiguously establish the land plot, to establish not only its exact location, but also to establish the boundaries of the plot in accordance with the law, special attention should be paid to previously registered land plots that may not have such boundaries:
Address;
- cadastral number;
- square;
-
land category;
-
special purpose;
-
other information that allows you to accurately determine the site in the territory of a specific registration district.
The area of the land plot must correspond to the area specified in the seller's title documents (contracts of purchase and sale, exchange, donation, rent, certificate of inheritance, court decisions, acts of government bodies, resolution of a local government body on the provision of ownership of the plot, certificate of title property).
Condition about price
A specific price must be indicated for the entire plot or per unit of area, together with an indication of the total area of the plot to be transferred from the seller to the buyer. Note to the buyer: the price can be indicated based on the cadastral value of the plot. The cadastral value is standard and significantly lower than the market value. That is, if the seller indicates in the contract a price lower than the cadastral price, you should think about the legality of his intentions.
List of documents that the buyer must require from the seller before concluding a contract for the sale and purchase of a land plot:
1. Title document.
2. Cadastral passport of the land plot.
3. Permission of the authorized person government agency for construction (dacha or individual housing construction).
4. Extract from the Unified State Register confirming the absence of encumbrances and prohibitions.
5. A document confirming the non-violation of the pre-emptive right to purchase a land plot.
6. Statement of absence of tax arrears.
Note: if the seller is entity, it is better to check the statutory documents and powers of the head of the organization who will sign the agreement and the powers of the representative if the representative is acting on behalf of the organization, as well as identification documents of an individual.
Burdened land
Actions of the buyer: find out if there are any encumbrances on the given land plot by requesting an extract from the Unified State Register in relation to the land plot of interest to you. The extract will allow you to see registered encumbrances, for example:
Rights of third parties to use this site, etc.;
-presence or absence of seizures of the land plot (claims as determined by the court). Seizure means a complete or partial ban on transactions with property, primarily a ban on alienation.
Note to the buyer: if the seller refuses to mention in the contract the presence of any encumbrances (if they actually exist), it is better not to buy this plot. Such a silence indicates the seller’s dishonesty. And do not give in to his assurances that after the purchase, the encumbrances can be removed, permission to build a house can be obtained, and land can be transferred from one category to another. These are hooks that legally unsavvy citizens fall for. Buy only a “clean” plot, with “clean” documents.
Share in common property rights
Actions of the seller: one month before the sale of his share, notify the remaining shareholders of his intention in writing, inform the price for which the plot is expected to be sold, and other conditions. The remaining shareholders either express a desire to buy a share or refuse. Then the seller-shareholder has the right to sell his share to any person***.
Actions of the buyer: you should make sure that the pre-emptive right of the remaining shareholders is not violated and there is written confirmation that they do not object to such a sale to a third party.
Part of the land
Selling part of the plot is not allowed; part of the plot can only be rented.
Therefore, an inevitable event when purchasing part of a land plot is to allocate this share into a separate plot.
Actions: divide the land plot with the preparation of a separate cadastral plan for each resulting plot after division. After this, it is necessary to register the right to the site. Note: it is better to establish immediately which of the parties to the contract will be responsible for carrying out these activities.
Is state registration required?
Only the transfer of ownership of a land plot from the seller to the buyer is subject to state registration, and it is realized by submitting an application from both parties. The purchase and sale agreement itself is not registered. An additional measure in relation to the contract can be notarization (at the request of the parties), which will allow by post submit documents for state registration of transfer of ownership.
Note: for notarization, you must choose a notary who is competent in the given territory. And also, if the submission of documents for state registration of property rights is carried out not by the seller and the buyer, but by a third party, it is necessary to make a power of attorney indicating the list of actions that he can carry out and the authorities in which he can carry out this.
Sample list of documents for state registration transfer of ownership of a land plot (purchase and sale agreement concluded, terms agreed upon, transfer deed signed, payment made):
1. Title document;
2. Sales and purchase agreement.
3. Transfer act.
4. Cadastral passport of the land plot.
5. Power of attorney for a representative.
6. Identity document of the applicant. If a legal entity - statutory documents, individual- passport or other identification documents.
7. Application for state registration.
8. Statutory documents of the seller-legal entity.
9. Consent of the governing body of the seller-legal entity on the alienation of property.
Transfer deed
A mandatory document accompanying the land purchase and sale agreement is the transfer deed. It confirms the fulfillment of the obligations of the parties to transfer and accept property. The act must be signed after signing the contract, but before state registration of the transfer of ownership****.
Regulations:
1. Civil Code of the Russian Federation.
2. Land Code of the Russian Federation.
3. the federal law dated July 21, 1997 N 122-FZ (as amended on December 12, 2011) “On state registration of rights to real estate and transactions with it" (with amendments and additions coming into force on 03/07/2012).
4. Federal Law of July 24, 2007 N 221-FZ (as amended on December 8, 2011) “On the State Real Estate Cadastre.”
5. Decree of the Government of the Russian Federation of February 7, 2008 N 52 “On the procedure for updating the cadastral value land plots to the attention of taxpayers."
A complete list of documents required for state registration of the transfer of ownership of a land plot based on a transaction for the acquisition of a land plot can be obtained on the official website of state and municipal services.
The body carrying out state registration is the territorial body of Rosreestr ( Federal service state registration, cadastre and cartography).
*Clause 1 Article 130, Clause 1 Article 549 of the Civil Code of the Russian Federation
**Clause 1 Article 454, Clause 1 Article 549 of the Civil Code of the Russian Federation
***Clause 2 of Article 250 of the Civil Code of the Russian Federation
