Moscow region: how to check a land plot for restrictions on turnover


Order an extract from the Unified State Register of Real Estate about the property

Submit via MFC

or an electronic request
to Rosreestr to provide information from the Unified State Register of Real Estate (USRN) about a land plot
.

Using the information contained in the extract from the Unified State Register of Real Estate about the property

, check:

In addition, the extract from the Unified State Register may contain information due to which you may have to reconsider your decision to purchase this land plot. In particular, you should be alerted by the presence of marks:

  • about an objection to the registered right to a land plot;
  • on the existence of a decision on the seizure of a land plot for state and municipal needs
    ;
  • on the impossibility of state registration without the personal participation of the copyright holder or his legal representative;
  • about the presence of received but not considered applications for state registration of rights (transfer, termination of rights), restrictions on rights or encumbrances, transactions in relation to a land plot.

Qualified experts can search and analyze all the necessary information about the selected land plot for you. For your convenience, we have created the “ OBJECT PASSPORT”

". Order the “OBJECT PASSPORT” and evaluate how quickly, efficiently and professionally the specialists of the “VladeyLegko” project work!

Re-inspect the land

If during the initial inspection of the land you did not pay attention to the presence of buildings on the site

, then when re-inspecting, be sure to make sure that they are legalized.

In accordance with land legislation, all objects firmly connected with land plots follow the fate of the land plots. This means that simultaneously with the sale of a land plot, all registered buildings located on this land plot must be sold.

We strongly advise you to check the actual boundaries and area

of the acquired land plot and compare them with the boundaries and area established in the Unified State Register of Real Estate, and also make sure that buildings, fences, and landscaping elements are located within the boundaries of the land plot.

Perhaps, in order to check the boundaries of the land plot, you will need to carry out the mapping of the points of the land plot boundaries. This is a procedure during which boundary signs are installed on a specific land plot to indicate its boundaries. The result of the removal of boundaries is the establishment of the exact area of ​​the land plot, its shape, clear boundaries, and a reliable location in the general land mass. This procedure is carried out by engineers - surveyors.

The actual area of ​​the acquired plot should not exceed the area indicated in the extract from the Unified State Register of Real Estate.

Reliability and reputation of the developer

According to the Speransky expert bureau, 482 cottage villages are currently on sale in the suburban market of St. Petersburg and the Leningrad region, which is a historical maximum. However, more than half of the projects are “cold”, that is, there are practically no sales in them, and there are more and more projects with a poorly developed concept in the lower price segment

. In these conditions, it is important to make sure of the reliability of the developer; experts advise when studying documents to seek the help of a lawyer, and also pay attention to the projects already implemented by the company.

“It would be better to start choosing a site by choosing a lawyer, because there are a huge number of nuances with documents and contracts. No one can guarantee that the company will not go bankrupt; there are known cases of collapse of reputable companies

.
If you want to buy without risk, buy ready-made ones on the secondary market. Buying from developers is an investment, and there is always investment risk
.
It can be reduced, but never reduced to zero
.
The risk is lower if the company has been around for a long time and already has completed projects in its portfolio
. Go and talk to those who live there,” advises Dmitry Speransky, head of the Speransky expert bureau.

Director of construction of the Aurinko Bor cottage community of the Villa-House company, Yuri Goloverov, calls for caution towards companies that offer too large discounts and unusually favorable purchase conditions, and also conduct an aggressive advertising campaign. Such companies are at risk

. One example is the Luonto company, the actual cessation of which became known in early July.

General Director Yulia Filatova confirms that recently there have been several cases when even large and seemingly reliable companies encountered difficulties. For this reason, more and more buyers prefer to purchase lots in a high stage of readiness, when the development of the village infrastructure is nearing completion, or opt for the secondary suburban market.

Checking a plot of land via the Internet. Checking the legal purity of the land plot

.
What to pay attention to before purchasing real estate, the procedure and methods of checking
.

Verify the identity of the land seller

This is another important verification criterion when purchasing a land plot. Compare the data in his passport and, if necessary, in other personal documents (marriage certificate, divorce certificate, change of surname, etc.) with the data specified in the documents for the plot. You must make sure that the transaction with the site is carried out by its owner.

Recommendations:

visually compare the seller’s appearance in the passport photo with the age data.

At the slightest suspicion (advanced age, signs of alcohol or drug intoxication, inappropriate behavior, etc.), check the seller’s legal capacity: ask the seller or his representative to provide documents confirming his legal capacity (an extract from the Unified State Register of Real Estate recognizing the copyright holder as incompetent or partially capable

, or a notification about the absence of this information in the Unified State Register; certificate from a psychoneurological dispensary).

If the transaction is carried out with the participation of the owner's authorized representative, make sure that he has a notarized power of attorney

, which meets all legal requirements. Don't forget to check the validity period of the power of attorney.

If, according to the extract you received from the Unified State Register of Real Estate, the owner of the land plot is a legal entity, we recommend checking information about the status of the legal entity, individual entrepreneur (IP), peasant (farm) enterprise (peasant farm) - active, liquidated, in the process of liquidation, bankruptcy. This information can be obtained at.

In the event that a legal entity is at the stage of liquidation, the sale of property is possible only at auction to repay existing accounts payable, or through direct sale in the absence of such debt.

We also recommend checking the seller (both individuals and legal entities) for bankruptcy

. To check a prospective seller for bankruptcy, you need to use the resource. Here you can find a person against whom bankruptcy proceedings have been introduced, or make sure that your seller is not bankrupt.

If bankruptcy proceedings have been introduced against an individual or legal entity, this presupposes the limitation of his legal capacity and the completion of a transaction by an arbitration manager in the manner established.”

We also advise you to make sure that there are no enforcement proceedings against the proposed seller (both an individual and a legal entity).

The existence of such enforcement proceedings does not exclude the possible application of interim measures in relation to real estate owned by the debtor.

Types of encumbrances

  • Lawyer's answers to frequently asked questions
  • Expert opinion
  • An encumbrance is a legal institution that significantly limits the owner’s rights to dispose of real estate. It is imposed at the request of the owner or on the initiative of a bank, state or municipal body, and is almost always registered with Rosreestr. While there are restrictions, the owner has no right to donate, change or sell real estate.

    Encumbrance of rights to real estate can be different:

    1. Mortgage. The owner buys an apartment with a mortgage or takes out a loan secured by real estate. In both cases, until the debt is fully repaid, it is pledged to the bank. It cannot be sold, given away or changed without the consent of the lender.
    2. Arrest. This restriction is applied by decision of the court or bailiffs, if the owner has debts for housing and communal services, tax and other obligations. In Rosreestr this is reflected as a ban on registration actions.
    3. Trust management. Here a manager is appointed; there is no actual transfer of ownership. This is typical for an owner going through bankruptcy proceedings, establishing guardianship or trusteeship, or entering into an inheritance.
    4. Rent. The owner enters into a rental agreement with a third party, in whose favor the property is alienated after the death of the owner. The agreement is subject to registration.
    5. Rent. The owner has the right to rent out the apartment under a lease agreement. It is registered if tenants rent living space for a period of 1 year or more.

    Note! In all cases, the consequences of buying an apartment with an encumbrance are different. It is critical that the purchase agreement states that the seller warrants that there will be no restrictions. In this case, if problems arise, he will be responsible.

    Take the survey and a lawyer will tell you for free how to avoid mistakes in an apartment purchase and sale transaction in your case

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