In conclusion, it should be noted that in accordance with the provisions of paragraph 26, paragraph 30 and paragraph 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation

Purchasing agricultural land: features

One of the fundamental aspects of the transaction is the obligation of the owner of the territory to use it strictly in accordance with the established category and type. The purchase of agricultural land is recorded in the Unified State Register of Real Estate Transactions. The procedure in accordance with which the transfer of an object to a new owner is carried out is established by Federal Law No. 122. One of the essential conditions that this law establishes is the preemptive right to purchase agricultural land by municipal and state bodies. In accordance with this provision, the seller of the plot must obtain a waiver from the specified organizations. This procedure is similar to a transaction with common shared ownership.

Advantages and disadvantages of land plots for peasant farms

Before you buy a plot of land for farming in the Tula region, it is important to weigh the pros and cons of the acquisition:

As can be seen from the table, there are much fewer disadvantages from a transaction for the purchase and sale of land plots for peasant farms than advantages. In addition, they are associated with the general nature of entrepreneurial activity. Of course, organizing a farm will require a lot of effort from the land owner, but with the right choice of land and a good business plan, the success of the enterprise is guaranteed.

How is the purchase of land processed?

The procedure for concluding a transaction is established by regulations. The main documents required for the purchase of land are a certificate of state registration of rights, a cadastral passport. The law also requires notification to the executive authority of the intention to sell the plot. The notification must be in writing. It indicates the cost of the plot, coordinates and size. In addition, the seller sets the period during which the offer is valid. According to current regulations, this period is no more than 3 months.

If the administration refuses to purchase the plot or does not notify the seller in writing of its intention to buy it, then the owner receives the right to sell his plot within a year at a price not lower than that indicated in the notification. If the essential terms of the transaction change, the owner is obliged to send a new notice. The purchase of agricultural land in violation of this procedure is not permitted. If such a transaction is concluded, it will be considered void. This provision does not apply to territories intended for private household plots, as well as to allotments that are formalized by donation or exchange agreements.

Some nuances

The first thing you need to pay attention to is that it is easiest to register a plot of land on which a residential building and outbuildings are built. If you register agricultural land, you may get a refusal.

The next nuance lies in the legislation. Until the end of December 2017, regulations are in force that allow all land plots to be registered as property without land surveying. Since January 2018, the land surveying procedure is mandatory and becomes paid.

Another nuance is a small legislative loophole that allows you to register ownership of a land plot without documents through the court. You can file a claim in court for recognition of ownership rights on the basis of constant use of the land over the past 15 years. This is the so-called property that does not belong to a person, but he has received ownership rights to it due to the fact that he has been constantly using it over the past 15 years.

Persons who register land without documents must pay the entire cost of geocadastral work. This is about 10-20 thousand rubles, depending on the region.

It is important to remember that registering a land plot is a labor-intensive process that requires a careful approach to collecting all documents.

The procedure for registering land for which there are no documents is provided for by current regulations. If you follow the tips and recommendations given above, this can be done with minimal financial losses.

Video on how to register land ownership

Is it possible to carry out residential construction in such areas?

It was said above that legislative norms require the new owner to use agricultural land in accordance with the established permitted category. These include, in particular, gardening, gardening, and gardening. A way out of this situation may be to register the owner as an individual entrepreneur who will engage in farming. In this case, the plot can be used not only for private plots, but also for the construction of a residential building with the possibility of living and registering in it.

How to register agricultural land

Advice from lawyers:

1. How to obtain registration on agricultural land?

1.1. Registration is possible only on the lands of settlements intended for individual housing construction (IHC)

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2. Can I, as an individual, register agricultural land for myself?

2.1. You can apply - contact the owner with an application.

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3. I have 13 hectares of agricultural land, is it necessary to register as an individual entrepreneur or peasant farm?

3.1. It's not obligatory. This requirement could have been presented as a condition in the auction for land; now it does not matter if you are the owner.

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4. Agricultural land leased for 49 liters since 2007...how to register the sale or register ownership.

4.1. The owner of the land is the state. You cannot force someone to sell you land. Find out the sale opportunities and price of land from your local administration.

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5. I apologize, we don’t have mobile communications at the moment. This is the situation. Loan debts have accumulated that cannot be repaid. I have an agricultural land plot that I got as a share from the lands of a former state farm in the amount of 16 hectares. Do the bailiffs have the right to seize this plot that is registered in my name with a cadastral number.

5.1. Yes, they can seize it and then sell it at public auction. Sincerely.

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6. House without any documents. There is no cadastral number. The land under the house is listed as agricultural land. There is only a registration for more than 25 years at this address and an extract from the house register stating that this is an apartment of an agricultural cooperative. How to register a house as your property?

6.1. Greetings. Judicially. Acquisition of property rights by acquisitive prescription.

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6.2. Hello. First, ask the BTI for information about the ownership of the house - the inventory file should be stored there. At the same time, find out what happened to this same “SHPK” - whether it has legal successors. Also ask the local administration to see if the house is listed on their balance sheet. Without obtaining this information or, at least, attempting to obtain it (that is, written appeals to these organizations), filing a claim in court is inappropriate.

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7. We want to buy a house that is designed as a residential one but is located on agricultural land. The land and the house are registered as property. Is it possible to register in such a house?

7.1. When registering at the place of residence, the status of the property is “residential” or “non-residential”. The status of the land plot does not matter for registration.

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8. A garden plot of agricultural land, registered as a property without borders, has in fact been seized by a neighbor. Is an expensive examination required for the court if the neighbor bought 6 acres, but separated 9, including our three acres? The overlapping boundaries are visible even on the public cadastral map.

8.1. Good afternoon, yes, it is necessary, since you will not be able to prove the fact of the imposition of boundaries, perhaps you are mistaken and your plot will be registered in the cadastral register with different boundaries than you expect.

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9. A garden plot of agricultural land, registered as a property without borders, has in fact been seized by a neighbor, is an expensive examination required - for the court?

9.1. Good afternoon, yes, it is necessary, since you will not be able to prove the fact of the imposition of boundaries, perhaps you are mistaken and your plot will be registered in the cadastral register with different boundaries than you expect.

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9.2. If a neighbor has arbitrarily seized a plot of land and does not have documents for this and does not make any payments for the use of the land plot, then this is classified as unauthorized seizure. Administrative liability is imposed according to 7.1 of the Code of Administrative Offenses. If a neighbor has registered the boundaries for cadastral registration, then the issue can only be resolved in court on the basis of witness testimony and preserved archival documentation, including invoices for payment of square meters of land according to documents.

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10. Can I install a sawmill for sawing timber on a plot of land owned for agricultural purposes for the needs of the population by first registering this business?

10.1. In accordance with paragraph 1 of Art. 78 of the RF IC, agricultural lands can be used for agricultural production, the creation of protective forest plantations, research, educational and other purposes related to agricultural production, as well as for aquaculture (fish farming). You intend to use agricultural land for purposes other than agricultural production. Accordingly, you cannot use the land for these purposes. Clause 2 of Art. Art. 6 Federal Law of July 24, 2002 N 101-FZ “On the turnover of agricultural land” establishes that a land plot of agricultural land can be forcibly seized from its owner in court if the land plot is used in violation of the requirements established by law Russian Federation, resulting in a significant decrease in soil fertility of agricultural lands or causing harm to the environment.

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11. We bought a house from a gardening association, registered it as residential and registered. We have dachas mixed with the village. The village is being cleaned, but we are not. I contacted the head of the village council, to no avail. He says you are agricultural land, no one will clean you. Although there is gardening nearby, several families are also registered there and they clean the snow. I want to know, if the house is registered as residential and we are registered, should the head of the village council put us on the balance sheet so that we can clear the snow?

11.1. Good afternoon, Olga! It is necessary to clarify the lands of the purpose of your SNT: these are agricultural lands or lands of populated areas, respectively, and the obligation to clear snow arises from this.

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11.2. Try contacting the prosecutor's office with the answers from the head of administration, since you received the answers in writing?!

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12. The closed joint-stock company has a built shepherd’s house (not registered), a tag and a grain warehouse (registered according to documents) on a public plot of land; we want to register the land under the house and grain warehouse and tag. And the area under these buildings is allocated into a square, and behind the square there is agricultural land. And the official name of this land. farm plot.

12.1. You should contact the municipal administration with a corresponding application.

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13. We want to buy agricultural land. There are two owners of the plot (husband and wife), two certificates for one half and the other. How to properly draw up a purchase and sale agreement. To stipulate in one agreement that everyone sells their share. That is, you need a properly executed contract.

13.1. If you need to draw up an agreement, you can contact any lawyer.

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13.2. You can order this work to any lawyer on the site in personal correspondence.

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13.3. Your issue cannot be resolved within the framework of a free consultation; negotiate with one of the lawyers from this site to draw up an agreement.

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14. My husband was allocated agricultural land in Crimea back in Ukraine. The land has not yet been registered as a property. How to obtain a cadastral passport? How to prepare documents? Are there organizations capable of taking care of the entire package of documents? How much could it cost?

14.1. Hello, Vladimir. In Simferopol, you can contact a real estate company that will help you collect documents and register ownership.

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14.2. Good afternoon. It is necessary to familiarize yourself with the documents, then it is possible to say how the procedure will take place and how much it will cost.

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15. I have a plot with a permanent building on it! land for agricultural purposes! The house is decorated as non-residential! What is needed to put up non-stationary buildings and rent them out!? is this real? conducting commercial activities on this site?

15.1. You need to transfer a land plot from one category to another by holding public hearings in agreement with local governments. If your rights are violated during the process, you can appeal to the court.

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16. I want to buy private housing construction land from a large family, but each family member has a share. There are only 7 people, four of them are minors. What needs to be done so that I can register it for myself? Is it possible to provide children with equal agricultural land?

16.1. Good afternoon, to conclude a contract for the sale and purchase of land, you need to request from the seller permission from the guardianship and trusteeship authorities, documents on ownership, and a plan of the land plot. It is better not to provide agricultural land in the form of payment for individual housing construction land, because Due to its purpose, this type of land is unsuitable for the construction of a residential building, so the transaction can later be challenged. It is also necessary to understand on what basis this land was acquired in order to tell you in more detail the risks of this transaction.

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17. I am a tenant of agricultural land (hayfield overgrown with bushes) - a 49-year contract from 2011 in Karelia - 1 hectare. I want to register ownership. What do I need to know or do before contacting my local authority?

17.1. Hello Boris. I understood correctly. You are a tenant of agricultural land. And this land of yours is overgrown with hayfields and bushes. Right. So you are in violation of the terms of the lease agreement. Most likely, a report will be drawn up against you for violation. On the? I want to register it as property. Here is your answer. Go to your administration and find out if it is possible to obtain ownership of this land. Good luck.

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18. Is it possible to issue a VAT refund when constructing a house registered as a residential building on agricultural land for summer cottage construction?

18.1. VAT cannot be refunded. You can return your personal income tax by claiming a property tax deduction for the construction of a residential building. The category of land is not important. (Article 220 of the Tax Code of the Russian Federation)

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19. In the certificate of state. registration of rights category of land: agricultural land. Type of use: operation of a production facility. Is it possible to register private plots on such plots?

19.1. Change the type of permitted use to private household plots. To do this, submit an application to the administration to change the type of permitted use of the land. The service is provided free of charge. Then, with the administration’s resolution, submit an application to the MFC to amend the information about the land plot. The service is also free.

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20. During the trial, I imposed a ban on the registration of an agricultural land plot, when I won the court, the other party wrote an appeal, when it is better to lift the ban in order to register the land faster, because the other party will also write a private complaint against the decision to lift it. And the question is, after withdrawal, anyone can register the land or only I can by a court decision, and if anyone then what’s the point of going to court.

20.1. Until the appeal is completed, the decision will not enter into legal force. After the decision comes into force, you can cancel the ban and dispose of the site. If the decision is in your favor, and the plot is recognized as yours, then no one can dispose of it except you.

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Category of agricultural land, permitted use: for gardening and horticulture, I want to register a residential building as my property, is it possible?

I want to register agricultural land, what documents are needed for registration? The land plot was inherited.

Please tell me, is there a group of plot owners (the status of agricultural land for summer cottage construction)

Greetings! There are a lot of empty abandoned plots in SNT; the chairmen willingly offer to pay off the debts, take them to work, and then issue them under the dacha amnesty.

My land is leased for 20 years and is registered under the management of private enterprises. Agricultural land.

A plot of agricultural land has been registered as a property; initially it was a lease.

We want to build a car service center on agricultural land and register it as a building - a garage. Next, register an individual entrepreneur to provide auto services. Perhaps so?

I am disabled, group 1, I have been on the waiting list for 22 years, but my parents died and I have registered agricultural land as my property. Will they take me off the waiting list?

Land in shares with a neighbor of 1/2 share of ownership, agricultural land for horticultural farming in a dacha non-profit partnership.

The state farm has filed for bankruptcy and is selling off its agricultural land in Mo.

I bought agricultural land and transferred the documents to myself in the state. organ

Pricing

The cost at which agricultural land will be purchased is determined in accordance with various factors. The most significant of these is the permitted category. Since the markets of territories belonging to different groups develop in their own way, accordingly, the cost of plots located nearby, but having different types, can vary significantly. The purchase of agricultural land is carried out after assessing the terrain, soil composition, and water regime. The value of the land is determined by its fertility and factors of possible use (as arable land, pasture, and so on). Of all the possible options, the one that will allow obtaining the maximum economic result is selected.

What types of agricultural land are there?

The favorable ecological situation in the farmland areas attracts many city dwellers. The desire to own your own piece of land stimulates the purchase of such a plot. The main purpose of these lands is to maintain personal subsidiary plots, but, nevertheless, they can be used for the construction of a building, taking into account state standards. These lands are represented by:

• Pastures and hayfields;
• Forest belts and arable lands;
• Deposits;
• Fruit and berry plantings or buildings necessary for agricultural work;
• Roads and runs;
• Protective structures used for various purposes.

The state provides these lands for conducting educational, research, economic or scientific activities aimed at developing agriculture. All information about permitted use is regulated by the cadastral passport of the land plot.

Reasons for purchasing

The purchase of agricultural land is made after assessing its fertility. To determine it, a comparative analysis of indicators is carried out under similar climatic and agronomic parameters and the same intensity of cultivation of the area. This procedure is called soil grading. It is quite complex and labor-intensive. In this regard, the purchase of agricultural land is carried out using already existing scales. They highlight the main characteristics that affect productivity.

In particular, these include the thickness of the humus layer, the level of clay fractions in the arable land, the nature of the reaction of the soil solution medium, and so on. Once the fertility and future use of the site have been determined, a profitable agricultural production model is being developed. It takes into account the likely costs of organizing the process and income from the sale of grown products for a specific time period (year, quarter, month, week). The indicator of the positive difference formed between expenses and income is discounted into current parameters and indicates the market price of the plot. Costs in this case include the purchase of equipment, wages for all employees, including the owner himself, interest on the use of capital and business income.

How can you donate and re-donate a plot of land? Features when donating a share or agricultural land

After the agrarian reform carried out in 1994, it became possible to dispose of land at your own discretion: buy, sell, donate, exchange. But at the same time certain requirements must be met. What conditions are set before registering a deed of gift?

Which plot can I donate?

Currently, there are the following forms of land use:

• rent;
• own;
• lifelong inheritable ownership;
• free term use;
• unlimited use.

But only their owners can donate plots. However, organizations and companies cannot make such a transaction among themselves. But an ordinary citizen has the right to receive land as a gift from a legal entity.

You can give it to a loved one or a stranger. The only difference will be taxes. In the first case, you don’t need to pay them, but in the second, you do. The tax amount is 13% of the cost of the plot. Therefore, it is important to indicate the cadastral price for it in the deed of gift.

In this case, relatives have tax benefits. This category includes:

• husband and wife;
• parents;
• children;
• grandparents;
• brothers and sisters.

You can also donate a plot to a minor, then the plot will be kept in the custody of his representative.

The peculiarity of the earth is its indivisibility. That is, it must completely become the property of the recipient and cannot be divided either in the event of divorce or after the death of the donor between his heirs.

But according to the law, they do not have the right to transfer plots of land into free ownership:

• under 18 years of age;
• incapacitated persons;
• those who have no rights to land;
• owning land in the border zone.

The following cannot accept land as a gift:

• civil servants;
• medical or social workers, if the donor is their ward.

The main condition is the written preparation of the deed of gift. Moreover, both parties must sign it.

If the recipient is under 14 years old, then his parents or guardians sign the document instead.

Is it possible to donate a donated plot of land?

From the moment of registration of the land, according to the Civil Code, the party that donated it loses ownership of the land, and the recipient, on the contrary, receives it.

Now the new owner has the opportunity to dispose of the site at his own discretion, including transferring the property.

To do this, he needs to correctly draw up another deed of gift, and the new owner needs to register the plot in his name.

Now a third party becomes the owner of the plot, who can also freely dispose of the land, for example, re-donate it again.

The process of transferring a plot free of charge, if desired by its owners, will be endless. The main condition for this is a correctly drawn up and registered deed of gift.

Donation of land share

According to the current legislation, any citizens or organizations can buy or sell a land share, but it can only be donated to other participants in the common ownership. To do this, you need to draw up a contract correctly, indicating the exact location of the land and register the document with the relevant authorities.

Donation of agricultural land

According to the Federal Law “On the Turnover of Agricultural Land,” the owner can make any transactions with his property. But at the same time, you need to remember that they only have the right to dispose of a plot of land, and not a share in the common property.

First, you need to allocate a plot of land on the ground, that is, carry out land surveying, order technical documentation, and register the plot. And only now it can be given to anyone.

The owners of a plot of land can transfer it free of charge to a relative, friend or stranger. Owners of only shares in common property must first allocate an allotment for themselves and only then will they be able to freely dispose of it.

Dear readers, the information in this article may be out of date. If you want to find out how to solve your particular problem, call :

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Reasons for reducing the cost

The price will be significantly affected by the presence of a dilapidated structure, even if it is owned. In this case, it is necessary to take into account the possibility and cost of restoring the building for its subsequent operation or the necessary costs of demolishing it and removing the resulting construction waste. At the same time, the presence and condition of communications is taken into account. They can act as a set-off and increase the cost or, conversely, reduce it because they require repair or dismantling. The same applies to clearing arable land of bushes, uprooting trees, or leveling the landscape and filling holes and pits. In these cases, there are grounds for reducing the value of the territory in proportion to the expected costs. In this regard, determining the amount of required or necessary additional costs is of the same importance as assessing undeveloped plots.

What is a land plot without documents?

All land plots must have mandatory technical documentation. According to the Land Code, as well as the Federal Law “On Privatization,” citizens have the right to register land as their property only after a certain period of use (at least 3 years).

This can happen in two ways:

• privatization , that is, initially a person must use the land plot for some time, having received it for individual construction or agricultural work;
• purchase and sale , when land is purchased from municipal authorities or other citizens, land owners.

In this situation, you need to understand that the land, the circulation of which is permitted, is owned by municipal authorities, and they give permission for its sale or lease. Moreover, each land plot must have technical documentation, which will be discussed below.

The next point that must be paid attention to is that before registering a plot, a citizen or legal entity must use the land.

Use occurs on the basis of a lease agreement.

There are two types of rent:

• fixed-term , that is, a land property is transferred to a specific person for use for a certain time (3, 5 years), for a specific purpose (for example, building a house, or conducting agricultural work);
• indefinite , that is, the plot is given for indefinite use, and there is no need to renew the lease agreement, unlike the first option.

If a land plot has passed into the right of use of a citizen through squatting, or has not been formalized by the relevant administrative acts, it is considered ownerless and must be returned to the ownership of the municipality or to the legal use of the person.

Such legal situations often occur in our country, since according to statistics from the state register, as of 2020, only 50% of the land is registered.

Naturally, the concept of squatting (illegal use) implies full disposal of a land plot, without any documents.

It is interesting to know that until January 1, 2020, land surveying for individuals is completely free and is carried out at the expense of municipal authorities.

Common Misconceptions

The population's ideas about existing prices for plots are based on information provided in the media and the Internet about plots of similar location and area. However, in most cases, these data do not reflect the actual market value. The difference between the transaction price and the offer is called bargaining. Determining the adjustment indicator acts as one of the stages of any assessment using comparative approach methods. In this regard, it is not at all surprising that the transaction price and the initial cost of the property put up for sale may have significant differences. There are many reasons for the difference. One of the most important is the expected market dynamics. If it is growing, then even a five percent discount will be quite large. However, in the absence of forecasts for market growth and in the case when the decline is of a fundamental nature, the difference between the cost of the offer and the transaction itself can amount to several tens of percent.

Amendments to the Land Code will allow farmers to build houses on agricultural land

If the loan is repaid early, the bank will return part of the insurance to the borrower. This is the essence of the new bill, which will be considered in the government, Dmitry Medvedev announced this at a meeting of the Cabinet of Ministers. We are talking about the insurance premium for the unexpired period of the contract, for example, if you took out money for a year and repaid the debt a month later.

We recommend reading: Water Tariffs in the Moscow Region From July 1, 2019 for the Population According to the Meter

Another document is intended to prevent the appearance of counterfeit medicines on the market. It simplifies control in the field of public procurement and tightens the responsibility of inspection experts. Finally, another bill protects the interests of owners - changes to the Land Code.

The nuances of purchasing land for a peasant farm

offers to inexpensively buy land for a peasant farm in the Zaoksky district in the north of the Tula region, located 20 km from the Moscow region. The procedure for purchasing a plot for a farm has a number of important nuances:

1. It is necessary to obtain a waiver from the municipality of its priority right to acquire this land.

2. Competently draw up a purchase and sale agreement, which spells out in detail the terms of the transaction.

3. Check that there are no encumbrances on agricultural land and whether it has other owners.

4. Conduct an assessment of the land, taking into account the cadastral and market prices, as well as the feasibility of its use for the planned type of activity (crop growing, livestock breeding).

If you decide to buy a plot of land for a farm, but do not have enough legal knowledge, our company is ready to take on legal support of the transaction. Experienced lawyers will prepare an agreement and a package of necessary documents in a short time.