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How to choose a plot for agricultural activities?

In order not to make a mistake when purchasing agricultural land in the Moscow region, take into account the specifics of your business. The admissibility of conducting certain activities on the site depends on the permitted use, the availability of communications, and the possibility of connecting them. Our database contains areas with the following types of permitted use:

agricultural use;
agricultural production (arrangement of arable lands, pastures, vineyards, planting fruit trees, etc.);
maintaining a peasant (farm) economy (joint ownership of land and conducting economic and production activities on it);
country house construction, etc.

Animal husbandry, horticulture, market gardening, hunting and fishing are just some of the activities in the agricultural sector. Our company sells agricultural land of various types and purposes - call our managers and they will help you with your choice!

Preemptive Right to Purchase a Share of Agricultural Land

1. When selling a plot of agricultural land, a constituent entity of the Russian Federation or in cases established by the law of a constituent entity of the Russian Federation, a municipal entity has a pre-emptive right to purchase such a plot of land at the price for which it is sold, with the exception of cases of sale at public auction.

2. The seller of a land plot of agricultural land is obliged to notify in writing the highest executive body of state power of a constituent entity of the Russian Federation or, in cases established by the law of a constituent entity of the Russian Federation, a local government body of the intention to sell the land plot, indicating the price, size, location of the land plot and the period before the expiration of which mutual settlement must be made. The period for making mutual settlements for such transactions cannot be more than ninety days.

How is the price for an agricultural plot determined?

The cost of agricultural land for summer cottage construction, gardening or farming depends on the following factors:

land fertility;
relief of the site;
wind protection;
proximity to reservoirs and water sources for irrigation;
distance from roads;
the presence of asphalt and crushed stone entrances;
difficulty in installing utilities.

Sale of agricultural land in the Moscow region is our specialization. We have thoroughly studied the features of this area and sell plots from the owners, having previously inspected them and carefully checked the documents.

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Thanks for the help. I think I figured it out myself. The realtor is confusing something. After all, according to Art. 1 of the Federal Law “On the circulation of agricultural land” “This law does not apply to land plots provided from agricultural lands to citizens for . maintaining personal subsidiary and dacha farming. The turnover of these lands is regulated by the Land Code of the Russian Federation.” In addition, relations arising in connection with the conduct by citizens of personal subsidiary plots are regulated by Federal Law of July 7, 2003 N 112-FZ “On personal subsidiary plots”. The comments to this Federal Law say: “According to clause 6 of Art. 4 of the commented Federal Law, any transactions can be made with land plots of personal subsidiary plots in accordance with civil and land legislation. This means that they are in free civil circulation subject to two conditions: 1) the size of land plots for personal subsidiary plots cannot exceed the maximum size of the total area of land plots established by the law of the subject of the Russian Federation in accordance with paragraph 5 of Art. 4 of this Federal Law; 2) the object of purchase, sale and lease can only be land plots that have undergone state cadastral registration (clause 1, article 37 of the Land Code of the Russian Federation and clause 1, article 9 of the Federal Law “On the Turnover of Agricultural Land”.

Courts usually consider the rule on prem. the law of a subject of the Federation is a general norm, and if there are other articles regulating the alienation of property, then they are considered special. True, court. There is no practice on disputes between bodies of different levels of government, because issues of withdrawal are directly or indirectly agreed upon by them among themselves (for example, when agreeing on urban planning documents). From your post it follows that the road is federal. I think it was mentioned in some program or city documents. planning, which were agreed upon with the constituent entity of the Russian Federation. A lot of practice on the ratio of premiums. the rights of a subject of the Russian Federation and a tenant to purchase an agricultural plot. It can be done by analogy.

Advantages of purchasing agricultural land at EKOZEM

You can buy agricultural land from us in the Moscow region at a low price and with a guarantee. A staff of experienced lawyers will ensure the purity of transactions, help in drawing up a purchase and sale agreement, land registration, etc. Our catalog contains the best offers in developed areas of the region. Leave a request on the website and we will choose the best option for you!

Our company Ecozem LLC is engaged in the sale of land for agricultural purposes. From us you can buy agricultural land in the Moscow region by leaving a request or calling the phone number listed on the website.

Land issues

Article 621 of the Civil Code of the Russian Federation establishes the pre-emptive right of the tenant to enter into a lease agreement for a new term. In this case, the tenant must notify the landlord in advance of his desire to enter into a new agreement. If the landlord refuses the tenant, but at the same time, within a year after the end of the lease agreement, enters into a new lease agreement with another person, then the tenant has the right through the court to demand the transfer of rights to him under the new lease agreement and compensation for losses caused by the refusal to renew the agreement.

Bidding for the sale of a share in the right of common ownership can be carried out with the consent of all participants in shared ownership or without their consent if the participants refuse to buy out his share from the owner. When selling a share to one of the participants in shared ownership, it is not necessary to notify the other participants.

Interesting read: Online calculator for calculating compensation upon dismissal

Selling feature

The main feature of the purchase and sale of agricultural land, according to the law, is the preemptive right of regional (municipal) authorities to purchase such a plot of land from the land owner (seller).

Thus, the legislator regulated that when the owner of the right sells his plot of land from the agricultural land of the Russian region (subject of the Russian Federation) or in situations prescribed by the legislative act of the subject of the Russian Federation, the municipality has a preemptive right to purchase the corresponding plot of land at the same price for which it is sold , with the exception of cases of land sale at public auction.

Accordingly, in order to sell a plot of land belonging to the category of land under consideration, the owner of the plot is obliged to notify in writing the authorized regional (or municipal) body of his own intention to sell the land. Such a notice from the seller of the plot must include the price of the land and other essential contractual terms.

If regional authorities (municipalities) refuse to purchase land or do not notify the seller of the plot of their intention to make a purchase within a month after receiving the notice, the owner of the land has the right to sell the plot to any third party within a year with the condition that the transaction price will not be lower than the price indicated earlier in the notice.

In the event of a paid alienation of a plot of land intended for agricultural needs, in violation of the pre-emptive right to acquire land by regional authorities (municipalities), the sale transaction may be challenged.

Thus, a subject of the Russian Federation (municipality) has the right, within a year after registration by the new legal holder of the land of the transfer of ownership rights to the acquired plot, to demand through the courts the transfer of the rights and obligations of the buyer to it.

In addition to the right of first refusal, the process of selling agricultural land has other nuances:

The buyer, when purchasing a plot, must remember the intended purpose of the land and use it in strict accordance with this purpose. In addition, the buyer of land needs to take into account that, along with the right of ownership, he also has an obligation to take care of the fertility of the acquired land and the environmental friendliness of the conditions
. If this requirement of the legislator is violated, the state may seize the site from the new owner.
If the parties to the alienation of land for compensation do not comply with the rules, legislative regulations and norms relating to the legal status of agricultural land and the procedure for their use, state bodies (authorized bodies of the municipality) have the right to confiscate the sold plot of land.
In order for the parties to carry out a purchase and sale transaction of a land territory under the special control of the state, the seller of the plot is obliged to provide the buyer with the necessary information about the alienated land.
When concluding a sales agreement, the parties to the purchase and sale of land territory have the right to establish the right to purchase the plot by the seller for a certain period.

When concluding a sale transaction, the seller (land owner) must provide, as with any land transactions, all information about the alienated plot and the restrictions applicable to it.

If this information is withheld, the purchase and sale agreement is legally invalid.

The sale agreement will also be considered invalid if it contains conditions regarding the establishment by the land seller of perpetual rights to purchase the relevant plot, the absence of his liability to the buyer if someone else claims rights to the sold plot of land, or the establishment of any restrictions on the use of the land territory in the future . The listed terms of the contract are prohibited by law.

Preemptive Right to Purchase a Share of Agricultural Land

At the same time, they have the right to agree to offset the previously paid rent amount into the redemption price. If the owner decides to put it up for sale at the end of the lease term, then the tenant has a pre-emptive right to purchase, but only in cases where it is in state or municipal ownership (i.e.

2 tbsp. 1 of Law N 101-FZ). In accordance with Art. 8 of Law N 101-FZ, when selling a plot of agricultural land in a constituent entity of the Russian Federation or in cases established by the law of a constituent entity of the Russian Federation, a municipal entity has a pre-emptive right to purchase such at the price for which it is sold *(1).

What is included in the purchase and sale agreement?

When drawing up an agreement for the paid alienation of land territory related to agricultural land, the parties must indicate:

Complete details of both parties.
The subject of the agreement, indicating the cadastral number of the alienated plot, full information about the land and the name of the legal documentation on the basis of which the land owner (seller) has property rights in relation to the subject of the agreement.
Transaction price.
Information about the intended purpose of the land plot alienated by the seller.
The specific obligations of the parties and their responsibilities within the framework of a legal agreement for the purchase and sale of a plot of land.
The procedure for making financial payments to the parties.

The text of the agreement requires that it be stated that the land seller transfers a plot that is not donated to another person, is not mortgaged, is not under arrest or prohibition, and is free from any legal claims of third parties.

Sales nuances

The preemptive right to purchase agricultural land from the owner of the plot belongs to representatives of regional authorities. In order for the purchase and sale of a plot of land to a legal entity to take place, it is necessary to notify the regional representative authority in writing of your intentions. The notice shall indicate all the essential terms of the agreement:

the price of land, which the seller and buyer determine independently;
details of the document confirming the right to sell the site;
a list of restrictions or information indicating their absence.

There are other nuances that should be considered before selling agricultural land.

Smolensk region

Kaliningrad region

Belgorod region

Kaluga region

Purchase of agricultural land

Subject of use.
Purposes of use (agricultural production, creation of restrictive plantings, educational, research and other tasks related to agricultural activities).
Land cost.
Characteristics of real estate objects firmly connected to the site.

The intended purpose of land is the order, limit, and conditions of use of the territory established by current legislation for certain activities in accordance with categories. The mode of their use is determined by a set of rules for operation, inclusion in civil circulation, protection, accounting and monitoring. The above concepts are reflected in urban planning and land management documentation. Regimes of use and purpose of land are not considered immutable categories. They are systematically reviewed by local and state governments. Categories of land are reflected in the relevant decrees and decisions on the issue of providing plots or determining a special regime for their use. These documents are accepted by executive and local authorities.

26 Jan 2020 etolaw 316

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