Power of attorney for house and plot

Contract for the purchase and sale of land from a notary

Transactions of purchase and sale of land plots are formalized according to the same procedure as any other transactions. However, there are a number of features. In accordance with the legislation of the Russian Federation, a purchase and sale agreement for this type of property is subject to mandatory notarization in the following cases:

Ownership shares in this property are being sold
Ownership belongs to the minor
The owner is a person with limited legal capacity

In other cases, purchase and sale agreements can be drawn up in simple written form. However, lawyers do not advise concluding contracts in this way.

Risks of concluding land purchase and sale agreements without notarization

The key risks fall on the buyer of the land plot, since according to statistics, it is the sellers who in most cases try to challenge the concluded transactions, leaving the buyer both without money and without a land plot. Among the main risks of registration without a notary are:

Possible violations of the legislation of the Russian Federation in the text of the contract, due to which the document may be declared void in court. The notary, in turn, checks the text’s compliance with the provisions of the current legislation, eliminating this risk.
Purchasing a problem area, which, for example, does not have a valid cadastral codification. This is an extremely popular type of fraud: the buyer is provided with false or outdated Cadastre documents, and only after the purchase it may become clear that the plot is not properly registered. The notary checks the object for “purity”, so this risk is also eliminated.
Problems with self-registration of property rights. The notary registers contracts with Rosreestr or other competent authorities independently, significantly simplifying the process. If you carry out the procedure yourself, you will also need to interact with this body.
Concluding dubious transactions. The notary is assigned an important task - explaining to the participants in the transaction all the legal consequences. Therefore, if you have any doubts that the terms offered to you are clean and transparent, offer the notary registration to the counterparty.
Overpayment in law firms. In a notary office, you de facto receive the same services of legal support for the transaction, so the land plot can be sold without contacting specialized law firms that charge many times more for these services.

Main features of land operations

There are a number of features specific to the purchase and sale of shares of land that distinguish them from typical contracts related to the sale of ownership rights to real estate.

The cadastre is a key document. Any operations with land are permissible only if the plot has a valid entry in the state database - Cadastre. And to calculate all duties and taxes, it is the cadastral value that is used.
Purpose of the land. All lands of the Russian Federation have different purposes, which are recorded in the documents for the site. Using them for other purposes is unacceptable. Agricultural lands have a special status, for which a priority right of purchase has been established for local municipal authorities. If you want to buy a plot of land, for example, for agricultural purposes, and then build a commercial building on it, you will face a rather complicated procedure.
Land surveying. This is a procedure for drawing out the boundaries of a site. Before selling, it is advisable to carry out this operation so that the boundaries are fixed. If you purchase a property without land surveying, serious problems may arise with your neighbors as soon as you try to use the acquired land.
Presence of buildings on the site. In the vast majority of cases, when the land is sold, the building is also sold. However, there are exceptions, for example, if this property belongs to the owner under easement rights, etc. There is another feature: if there is a property on the site that belongs to another citizen, he has a pre-emptive right to purchase. And if the owner sells this building, the part of the land occupied by this object and the territory necessary for access to this building are sold along with the object.

Specifics of the sale of shares of a land plot

Here are the key differences:

The sale of ideal shares is unacceptable. If an object has several owners, in order to dispose of shares it is necessary to carry out land surveying, that is, convert ideal shares into real boundaries. During land surveying, it is necessary to maintain access to each allocated share.
If there are several buyers, the order of land use must be determined. This may again be land surveying and allocation of shares, or the conclusion of an agreement on a joint mode of use. Additional agreements are concluded, which are also certified by a notary.
From a legal point of view, a share in a land plot is given greater independence compared to shares in an apartment. Having a separated share, the owner can sell it without restrictions.
There is also a procedure for dividing land plots, due to which the shares allocated in kind are converted into independent plots, each with its own cadastral passport and other documents.

Ownership of a house: documents for registration

The procedure for issuing a certificate of ownership involves entering all information about the property into a single cadastral database. If the application and the list of documents attached to it were submitted to the Multifunctional Center, obtaining a certificate of ownership will take several days, but no more than one working week. This is due to the fact that the Multifunctional Center sends all requests to Rosreestr, after which it waits for a response.

Quite often, during state registration of ownership of a residential or non-residential building, the fact of an unauthorized structure is discovered, when a building on a land plot was built without first obtaining permission. In this case, it will be impossible to obtain a certificate of ownership of property until the country house is fully legalized.

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Power of attorney for the sale of land: sample general, notarial

Transactions with land plots are usually concluded directly between the seller and the buyer. However, there are situations when the owner himself does not have the opportunity to participate in the process. Then a special document comes to the rescue, allowing another person to act on his behalf. And today we will talk about the contract for the sale and purchase of a land plot by power of attorney, or rather about the features of the latter’s registration.

In what cases is it needed?

A power of attorney gives another person the right to certain actions specified within its scope. In the case of the sale of land, the paper will allow a relative or a stranger, in whom the principal is confident, to carry out all the operations necessary to conclude the transaction. The document may be needed in various situations.

When the owner of the land is in another place - he lives far away, has gone abroad, and the like.
When the owner of the land is not able to carry out the preparation and sale itself - due to old age, due to serious illness, due to being busy at work.

That is, when the owner cannot deal with the sale himself, and even if he does not want to “bother,” he issues a power of attorney. A special feature of a power of attorney for the sale of a house with a plot of land (or without buildings on it) is its extensiveness. The document must list in detail all the operations that the representative will be authorized to perform. If you forget to indicate any item, you will have to re-register again.

The standard validity period of a power of attorney is three years, but if the person who issued it dies, it automatically terminates, regardless of the type.

What is it like?

There are several types of power of attorney for a purchase and sale transaction with a land plot.

Free - written by hand in free form, does not require notarization. If the transaction itself will be carried out by a specialist, such a paper will not be suitable only when the entire process is based on trust.
Notarial – drawn up by a specialist according to a standard template and certified by a notary. The most common type of power of attorney in the case of the sale of land is a notarized power of attorney for the sale of a land plot.
General – in essence, the complete transfer of one’s powers to another person. It must be certified by a notary and gives the right to any action, even sell, even donate, even re-register the plot in your name. A general power of attorney for the sale of a land plot should be given to people in whom you are more confident than in yourself.

Sample power of attorney for the sale of land

Whether free or notarized, the power of attorney contains standard sections.

Plot owner details.
Details of the person for whom the document is issued.
Data on the subject of the transaction (cadastral number, location, title documents).
A complete list of actions permitted to the authorized person (collection and execution of documents, receiving money from the buyer, registering the sold plot for the new owner).
Validity period (less than three years is possible, more is not possible).
Signatures of the parties with transcripts.

With us you can have contracts for the sale of land by power of attorney and the power of attorney itself. You can also check them out below.

Samples of agreement and power of attorney for the sale of land

Agreement for the purchase and sale of land by power of attorney - 1 Agreement for the purchase and sale of land by power of attorney - 2 Agreement for the purchase and sale of land by power of attorney - 3 Power of attorney for the sale of a land plot

Features of purchase and sale in the presence of such a document

There is not much difference between concluding a deal with the owner or his representative, especially when the people are reasonable and not scammers. However, there are some nuances.

The owner can revoke the power of attorney at any time or change aspects of the transaction, for example, increase the price. If the deposit has already been given, it is unlikely to be returned.
After the sale, the plot must be registered in the name of the new owner, this can also be done on behalf of the representative, but only if the power of attorney is certified by a notary.
If the seller is not the owner, but his representative, it is worth more carefully studying the documentation for the land and the paper itself. There are much more cases of fraud in trusted transactions than in personal ones.
If the owners are quite old, the transaction should be carried out promptly; the death of the owner will not only be a loss for relatives, but also a problem for the buyer.

As for the owner of the property drawing up a power of attorney, he needs to be extremely careful. Even after issuing a document to a loved one, there is a chance of being left without land and without money. Trust, but verify.

Source: https://urned.net/zemelnoe-pravo/kuplya-prodazha/doverennost.html

Process of paperwork for a garden house

If it is necessary to register a private house, which was built on a site provided for personal farming, if there is a right to build a house or even to construct an individual housing project, then in order to complete the registration of documents for the house, a cadastral registration will be required. Moreover, in this case, the process - registration of a private house - must begin with its cadastral registration.

An increasing number of people are deciding to build their own home outside the city, which will delight them for a long time not only with its appearance, but also with the opportunity to enjoy clean air away from the city. As soon as the construction process is completed, a procedure such as registration of a private house must be carried out. Below you can find a brief overview of the procedure - paperwork for a garden house. It will be explained what the main stages of this procedure are, as well as what documents will be required.

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Procedure for registering a house under the dacha amnesty in 2020

local regulatory authority employee;
SES officer;
fire inspector;
BTI employee;
licensed specialist of a design survey company;
employee of the body of architecture and urban planning.

persons who have the right to use the territory indefinitely;
persons who have the right to own the inherited plot for life;
persons who own territory that is owned by a legal entity that carries out activities in the field of gardening and horticulture.

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