The meaning of the word "alienation"

Alienation of a share in the ownership of real estate

It should be noted that a person who is a participant in the common share has the right to a certain ideal share in this property. The Civil Code enshrines the provision that when one of the owners sells his share in the right of common ownership, the other participants have the right to buy this share. This provision does not apply to sales from public contracts.

The person who sells an ownership interest must notify the other participants in writing. In the notification, he must indicate the price and conditions under which the share is sold. If other participants in the common property do not buy the share being sold or refuse to buy it, the seller has the right to sell it on any terms and to any buyer.

When contacting a notary to formalize a transaction for the sale of a share in a common shared property, be prepared to be asked to bring proof that all participants in the property have been notified of the decision. Often, the owners of a common share voluntarily provide the notary with a waiver of the right of pre-emptive acquisition of this share.

Alienation is one of the grounds for termination of property rights. Along with it, according to Art. 235 of the Civil Code, such grounds may be the refusal of the thing, its destruction or loss.

Analysis of the norm allows us to give a clear definition: alienation of a property is any voluntary or forced legal action in relation to property, as a result of which the ownership of it passes to a new owner. The previous owner is deprived of this right.

The law provides for many reasons for the alienation of an apartment or house. In this case, the owner can be either an individual or a legal entity.

The most common methods of alienation of real estate by a legal entity are concluded agreements:

purchase and sale;
donations;
barter;
transfer of property as the authorized capital of another legal entity.

In addition to transactions, the basis for alienation is sometimes a decision of a government body, for example, a court or the Federal Bailiff Service (FSSP).

It is also worth clarifying the question of whether the lease of property is an alienation. Some contracts do not provide for the transfer of ownership. These include agreements on:

transfer of the right to use and ownership (lease);
transfer of administrative rights to trust management;
granting limited use under an easement agreement;
mortgage/pledge;
concessions and so on.

In this regard, they, like arrest, cannot be considered an alienation of property.

The explanations given concern what alienation of an apartment is. This includes purchase and sale, donation and other actions that entail the transfer of ownership of housing. Let's figure out how this happens in relation to land plots.

When voluntarily transferring rights to real estate, the parties, in addition to the contract, must prepare a package of documents. If this is a purchase or sale or a similar transaction, to complete it you must have:

passports of the parties;
a single housing document or an extract from the house register indicating the persons registered in the apartment;
certificate of absence of utility debt;
an extract from the Unified State Register of Real Estate, a certificate of ownership or other title document;
technical documentation for the object (cadastral passport, if it is a house or land plot);
consent from the seller’s spouse or permission from the guardianship authorities;
consent of the buyer’s spouse, if married;
a written refusal to purchase by persons having a preemptive right to purchase, or a document confirming their notification of the sale.

A similar package will be required for Rosreestr for state registration.

A deed of gift is an agreement on the alienation of real estate to a relative or other person free of charge (Article 572 of the Civil Code). The donor transfers ownership of the apartment/land or promises to donate this property in the future. At the same time, he does not have the right to demand from the other party a counter-representation (payment for a gift, other thing or service), otherwise the contract will become invalid.

At any time before the transfer of the gift, the recipient has the right to refuse it. But if the refusal caused damage to the donor, he has the right to compensation.

If a promise of a gift in the future has been formalized, but the financial situation of the donor has deteriorated significantly, he has the right to refuse to fulfill the contract (Article 577 of the Civil Code).

There are no special conditions for concluding this type of agreement. It can be drawn up in simple written form without notarization. Only the transfer of rights to real estate is subject to registration.

We invite you to familiarize yourself with the standard gift agreement.

Persons authorized by the owner have the right to alienate real estate. If the owner is outside the state and cannot come to conclude a transaction or his health condition does not allow him to do so, he has the right to appoint a representative.

The right of a person to alienate the owner’s real estate must be confirmed by a notarized power of attorney.

A typical sample power of attorney for the alienation of real estate is given below.

Such a document, in addition to general information about the principal and the authorized representative, must contain a detailed description of the powers of the representative. In particular:

the actual order for alienation with clarification of the type of transaction;
description of the alienated object, price;
prohibition on reassignment and other restrictions;
other rights vested in the representative: receiving money, re-registration, and so on.

Sometimes housing is owned by several people at once. Depending on whether the owners' shares are allocated, real estate can be joint or shared, which determines the procedure for transferring rights to third parties.

For example, the alienation of a share of an apartment of joint common property is the sale or gift to third parties of the property of the spouses. If one of them, while married, acquired a share in property rights (for example, ½ of an apartment), and this did not happen through inheritance/donation, both spouses are considered owners. Consequently, the sale is possible only with the consent of both.

It’s another matter if the apartment they purchased was divided. For example, after the division of common property, each spouse received ½ apartment. In this case, both husband and wife can freely dispose of their shares.

An integral condition for the sale of a share of an apartment is the alienation of part of the common property in an apartment building. In addition to personal property, MKD also has common property of the owners:

pantries,
basements,
parking spaces,
driveways and so on.

Each of the owners has his own share in it, which he can transfer only along with the apartment. Thus, the transfer of a share in ownership is accompanied by the alienation of a proportional share in the common property.

Alienation of an apartment

Alienation of an apartment is a legal act carried out at the discretion of the owner, or to his address by authorized federal or regional structures.
Characterized by the transfer of ownership from one person to another. Sometimes it is used as a term that summarizes the types of property transactions, resulting in the transfer of an apartment to the acquirer. Includes other types of alienation initiated from the outside, under duress.

The procedure is accompanied by:

Voluntary types of transfer of property from one owner to another arise at the discretion and desire of the owner. He independently initiates a transaction in which he sees benefits.

These include:

These types of transfer of rights are regulated by Article 235 of the Civil Code of the Russian Federation.

The agreement is drawn up in accordance with the standards for property transaction agreements. It is drawn up in writing. Usually it is printed, and the signatures of the parties are put in their own hands.

It is advisable to have the contract certified at a notary office. Then be sure to register it with Rosreestr.

The transfer of property is ensured by established regulations, in case of violation of which the contract has the right to be declared invalid and the transaction not taken place (see Termination of a purchase and sale agreement).

In order for the legal foundations of the process to be strong and the transaction to acquire legality, the process is provided with documentation that reflects:

The emergence of the right to own an apartment: an order or agreement under which the acquisition of housing took place.
“Certificate of ownership”, and other information certifying the type of ownership.
“Certificate of inheritance”, if the property was inherited from the deceased owner or by will (see Inheritance).
Technical characteristics of the object, issued by BTI.
An extract from the house register indicating the absence of tenants not included in the terms of the agreement.

For married persons, it is required to present a notarized consent of the spouse if the property is acquired jointly.

Forced alienation of an apartment

Federal or regional legislation allows cases of confiscation of housing from citizens, regardless of whether they agree. Such situations include:

confiscation by court order;
court decision upon seizure of real estate;
court decision upon division;
alienation to banks for unpaid mortgages;
declaring a transaction illegal if there were violations in its execution;
in case of requisition (Articles 242 and 243 of the Civil Code of the Russian Federation);
according to the housing policy of the constituent entity of the Russian Federation.

These types of real estate transfers take place at auction and are placed at the disposal of banks or credit institutions, which display the properties on their own websites. They go to the local budget, where they are managed by the administration.

Recognizing a transaction as illegal requires the return of property to the person who owned it before the transfer. And he returns the money received.

Prohibition on alienation of an apartment

In the case of requisition, the ban on the participation of an apartment in property transactions is established in accordance with legislative standards, one year before the seizure, after the third written administrative warning, where the exact deadlines are indicated.

Appropriate conditions accompany the seizure of an object on the basis of decisions of housing policy committees. Citizens can challenge this ban in court, but claims of this kind are rarely satisfied.

If the encumbrance is established by the court, it comes into force after the court decision is made and an extract is issued. From this moment on, the disposal of property by the owner is prohibited.

The same happens if the arrest was imposed by the bailiff service. It is noteworthy that after making an inventory of the property, the owner does not even have the right to return an item that is in the house at the time the inventory is drawn up, but does not belong to him.

If the contract is declared invalid, the alienation of the object is prohibited from the moment the owner is notified.

Alienation of an apartment for debts

Such situations are characterized by the fact that the owner of the property loses the legal ability to dispose of the seized property; this right is transferred to another person before the alienation of the property.

The procedure takes on a double form of transfer of rights:

due to the imputed encumbrance;
upon sale.

The encumbrance arises under the terms of the agreement, which provided for the investment in the acquisition of real estate by the bank, or subsequently, upon seizure. The seizure of an apartment indicates the legal capacity of this type of property until the owner acquires debt obligations with which he has failed.

The inability to repay his debt jeopardized his well-being, including his ability to own property.

The ban on the transfer of an object in these cases is established exclusively in relation to the debtor. If he violates the established prohibitions, he will have to answer to the law.

In this case, the buyer who purchased the seized apartment, in the event of a bona fide mistake, will receive legal immunity, allowing him to retain the right to own the property.

Then the prospects await the citizen who illegally sold the seized apartment:

To appear in court for illegally conducting a transaction, which may result in criminal penalties.
Provide creditors with other real estate instead of the one that was illegally sold.

If the person has not provided other equivalent objects, creditors may insist on canceling the transaction, which will put the buyer at risk.

To protect yourself from fraud, such cases require:

Providing the owner of the property with a certificate that the property has not received encumbrances and has not been seized.
Certification of the contract at the notary office. When certifying a transaction, the notary checks its purity through additional information channels open exclusively to the notary service.

You may be interested in: Apartment with encumbrance.

The seized apartment enters the stage of alienation from the debtor to the creditor, acting as a financial equivalent.

This suggests that the lender is not interested in purchasing the property, but in cashing out the value of the debt obligations.

To do this, he puts it up for auction, or tries to find a buyer on his own, maintaining the starting price.

Repossession of housing for outstanding debt is widespread in relation to mortgage loans. Apartments, even after registration of “ownership rights”, do not become the object of disposal of the persons who acquired them.

Owners who have moved into their territory are only allowed to use the space. Other types of orders are limited to the imposed encumbrance.

After the loan is repaid, the property becomes the property of the owners and gains legal independence. The encumbrance is lifted, and the object legally participates in legal transactions.

If the borrower has not calculated the strength and solvency, based on the mortgage lending agreement and an extract from the court decision, the property is alienated to the credit institution, acting as a guarantor for the return of the balance of funds.

Provided that the sale of the object did not cover the amount of the debt, the balance is collected from other income through the bailiff service or by concluding an agreement with the bank on the conditions for the return of funds.

Alienation of a cooperative apartment

A cooperative apartment is owned by the cooperative until the residents pay their share. When it is sold, the member of the cooperative receives an amount equal to the amount of the share paid by him.

The balance of funds upon payment of the share is transferred to the personal account of the acquirer, with gradual payment, along with other members. Here we can talk about the incomplete legal capacity of the owner of the property, who owns it to the extent of the share payments made.

In addition, each transaction carried out with cooperative property is permitted only with the approval of the meeting of members of the cooperative. The fact is that the buyer or other person moving in a priori claims membership in the cooperative. And the issue of admitting citizens to the cooperative is resolved by voting, with information entered into the protocol.

It is permissible to seize such real estate only if permission has been obtained from the residents.

If these prospects are not specified in the charter, and the members of the cooperative are “against”, the issue of forced confiscation or seizure of cooperative property can only be decided by the court. But he will also face a violation of the rights of the members of the cooperative, who act as the guarantor of the preservation of joint property.

But provided that a member of the cooperative owes a debt to the constituent organization by not paying the share, his share of the cooperative property may be confiscated:

on the basis of statutory documentation;
decision of the meeting;
based on the results of the open survey attached to the extract from the protocol;
with the obligatory return of the amount of the paid share.

Alienation of a share in an apartment

With shared ownership, the legal structure of the transfer of rights is almost the same. Without the written, notarized consent of the co-owners, it has no right to be transferred by agreement.

If a buyer is found, but the registration procedure is suspended due to the refusal of other residents who have their share in the apartment, their consent can be considered the absence of claims, within one month from the date of warning in writing, against signature.

According to the rules, co-owners should not even be asked to sign an agreement. It is sent by registered mail with notification, which gives equal legal force, subject to certification by a notary.

When seizing a share, bailiffs are required to carry out the same procedure.

Bailiffs do not have the right to violate the constitutional freedoms of persons not related to the arrest, who become co-owners of the property.

At the slightest mistake, the bailiffs themselves will become the object of claims by a group of residents. They will have to coordinate actions to carry out the inventory with the board of the cooperative.

Alienation of a privatized apartment

Privatized housing does not impose special requirements on the transfer procedure to the acquirer at the discretion of the owners. They can participate in transactions at the discretion of citizens.

However, the procedure is permissible if certain conditions are met:

Minor children are required to be discharged from the territory until the contract is drawn up.
The spouse is required to have written, notarized consent to conduct a legal procedure. But only on the condition that the housing was received in a joint marriage, regardless of who acted as the recipient.

If privatized real estate falls under arrest, bailiffs and appraisers establish its value.

The cost is set at the minimum acceptable level, after which the corresponding documentation is drawn up.

The object is encumbered, and after a court or administrative commission has issued a decision, it has the right to be seized.

Alienation of an apartment from a minor

The transfer of real estate, in which the owner is a minor, occurs through guardians, usually parents. Alienation is permissible only if it is for compensation; it is carried out under the control of the guardianship and trusteeship authorities.

The interests of the child must be preserved, and the funds must be deposited into his account. After completing the procedure, the guardians submit a report to the authorities that the owner has won.

If the funds deposited into the account turn out to be incomparable with the market value of the property, the guardianship and trusteeship authorities have the right to file a complaint with the prosecutor’s office or in court.

If, instead of the sold apartment, the guardians purchase another property, they will report that the financial interests of the minor owner have been preserved, and the purchased property is no worse than the previous one in terms of conditions, cadastral and technical characteristics, and according to expert assessment (see Sale of an apartment with a minor child) .

In such conditions it is difficult to talk about seizure. Debtor parents often manipulate the situation by turning to the child rights commission at the municipal and federal levels, demanding legal protection of their rights.

You may be interested in: Can residents be evicted from a non-privatized apartment?

Banks defend their rights, and the following intervene in the situation:

guardianship and trusteeship authorities;
commissions for the protection of children's rights;
administrative commissions;
prosecutor's office;
courts.

A clear outcome cannot be foreseen.

Sometimes guardians defended the revision of the terms of repayment of the housing loan, obtaining permission to defer repayment of the debt, or even to subsidize the loan.

In other cases, the family was evicted after completing proper documentation in accordance with legal regulations. As a rule, in these situations, the position of the family, its initiative and ability to justify its position and find a compromise play a role.

Source: https://myestate.club/prava/otchuzhdenie-kvartiry.html

Paid and gratuitous alienation: differences and features

As mentioned above, the procedure for the alienation of real estate can be voluntary or compulsory. This criterion fundamentally distinguishes the different processes of transferring ownership of housing or land. Let's take a closer look at these features.

Voluntary alienation of real estate is a transaction that is an expression of the internal will of each party. Consequently, both parties consciously enter into an agreement and agree to transfer ownership of the property. Only in this case is the alienation considered voluntary.

Voluntariness as an expression of the internal will of a party to a transaction is not respected in the case of signing an agreement:

incompetent, limited in legal capacity or a minor;
a representative of an incapacitated person if the transaction violates the interests of his ward;
representative of the owner, if the power of attorney does not give authority to alienate;
under the influence of delusion, deception, threat or violence;
an owner whose condition did not allow him to understand the meaning of his actions and manage them.

A transaction for the alienation of real estate signed involuntarily by the owner is invalid.

The second criterion by which alienation can be divided is compensation. That is, the alienation of property owned by the Russian Federation or citizens for compensation is the transfer of rights to it in exchange for a material representation. The most common example is a purchase and sale agreement, the consideration of which is the transaction price.

Often property is lost without compensation, that is, without material representation. This happens both compulsorily and voluntarily. In the first case, this is foreclosure on property or its confiscation.

Alienation as a result of a gratuitous transaction is, first of all, an agreement of gift or donation. If the agreement contains mention of a counter-representation (in exchange for a gift), the substance of the transaction is violated. It will be considered invalid.

The question of what alienation of property means is discussed above. It was mentioned that it can be voluntary or forced.

The difference between these concepts is as follows:

Voluntary. In case of voluntary alienation of real estate, consent to this action on the part of the owner is required. Typically, such transactions are carried out by concluding a purchase/sale agreement, exchange or gift. In all cases except the last one, the previous owner receives some compensation for the procedure.
Forced. As the name implies, in this case the owner’s consent does not affect the final result. A classic example is the alienation of land/houses in favor of a regional, municipal or federal owner, i.e. government agencies.

In any case, when an apartment or land is alienated, a citizen loses ownership of it. The difference is that in the first case this happens at the will of the person himself, in the second - without his consent and regardless of his desire.

Definition of the term

What is alienation?
The process by which property (or the rights to it) passes from one owner to another. Based on the definition, it can already be argued that this is a fairly broad concept. What is alienation? Sale of an apartment, transfer of a share of real estate as a gift. Confiscation of property for non-payment of a loan. Alienation can be either voluntary or forced. The subjects here can be both individuals and legal entities, municipal and state authorities.

Thus, alienation of property in civil law is considered to be the entire range of options for transferring property from one owner to another. This is sale, donation, inheritance, confiscation, etc.

Land alienation

According to Art. 130 of the Civil Code, land plots are also real estate, so their alienation will become the basis for termination of ownership rights (Article 44 of the Land Code). There are no fundamental differences in relation to such objects; therefore, alienation of a land plot means the transfer of ownership of it to third parties, as is the case with other real estate.

In addition, land can be held by citizens for permanent, indefinite use or lifetime ownership (land shares). Since it is not their property, its alienation is impossible.

State alienation

The transfer of ownership of property in some cases is carried out in favor of the state. Here it makes sense to talk about forced state alienation. Example: the owner’s land plot fell into a state development zone. As a result of its alienation, the state is obliged to first compensate the owner for the equivalent value of the property.

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There are several ways to forcibly alienate property in favor of the state:

By decision of municipal, regional, federal executive authorities.
With a full refund of the price of the object.
Upon consent to the alienation of the property owner.
Upon preliminary announcement to the owner of news of forced alienation.
By a court decision if the government body proves its case (when the owner does not agree to voluntary alienation).

Package of documents for the alienation of real estate

The right to voluntary alienation of real estate is granted to every citizen who owns it. Alienation of land is not the same thing as selling an apartment. In the latter case, there is a possibility of problems arising.

One of the difficulties is the renunciation of ownership of an apartment if a person owns only part of it (that is, a share), and not the entire object.

This problem is regulated by Article 250 of the Civil Code of Russia. It imposes certain restrictions on the alienation process:

A person selling his share in an apartment is obliged to notify all other owners of his intention in writing. The notice must contain information about the exact price of the property, according to which it will be sold to third parties.
Within 1 month, other owners must either act as buyers or draw up a written refusal to purchase the share. If the second option takes place, it is not necessary to wait 1 month, since it is allowed to begin alienation immediately after receiving the refusal.
If one of the other owners agreed to purchase a share, it must be sold to him, since such persons have a pre-emptive right to purchase the property.

If the owner of the share did not notify other citizens about the upcoming transaction, sold it before the expiration of the term or received a refusal, such alienation of the property will be subsequently challenged by other share owners of the property.

Sometimes, situations arise when obtaining such evidence becomes a difficult task.

The person who is the owner of the alienated share refuses to come to the notary and sign a waiver of the sold share. Or he comes to the notary, but does not want to sign the alienation document, although he verbally gives such consent. In this case, it is necessary to formalize the transfer of the application to him. In this document, the seller must familiarize the owner of the common share with his decision, thereby informing him. As a rule, the application is arbitrary. In this case, you need to provide several specific information:

item of sale;
address of the location of the property;
the price at which the property will be sold or the specific property for which this object of sale will be exchanged.
other terms of sale.

It is worth noting that the seller can change the terms of sale of the property at any time. These changes must be communicated to all participants in shared ownership who may qualify to purchase a share of the property. If the property is sold at a price higher than it was originally set, but under the same conditions, then it will not be necessary to provide repeated evidence that all participants have been notified. If the price has decreased, then such evidence will have to be provided again.

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Objects of intellectual property, as well as services/works, are not alienated.

First of all, it is necessary to answer the question, what exactly is alienation of property?

Alienation of property is the transfer of an object to another person. Civil law provides a clear definition of this term, which states that alienation of property is the transfer of any object into ownership of another person.

This can be either movable or immovable property.

But if you look at this from the other side, then, at first glance, it may seem that the refusal of the right to use with the subsequent transfer of property for temporary use has nothing to do with the alienation of real estate. In addition, the waiver of intellectual property rights has nothing to do with this category. Alienation is the alienation of movable and immovable property; this includes objects of intellectual property and various types of services.

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Civil Code of the Russian Federation (Civil Code of the Russian Federation)

This part of the Civil Code of the Russian Federation contains the fundamental norms of civil law and its terminology (about the subject and general principles of civil law, the status of its subjects (individuals and legal entities)), objects of civil law (various types of property and property rights), transactions, representation , limitation of actions, property rights, as well as the general principles of the law of obligations. The second part of the Civil Code of the Russian Federation, which is a continuation and addition of part one, came into force on March 1, 1996. It is entirely devoted to Section IV of the code “Certain types of obligations”. Based on the general principles of the new civil law of Russia, enshrined in the 1993 Constitution.

and part one of the Civil Code, part two establishes a detailed system of rules on individual obligations and contracts, obligations resulting from causing harm (torts) and unjust enrichment.

What does the concept of “alienation of property” mean?

Alienation of property is the transfer to another person of various things, shares, securities. Civil law gives a simple definition: alienation of property is the transfer of movable and immovable objects into the ownership of another person.

If we look at this from the other side, we can say that the renunciation of the right to use and the transfer of things for temporary use is not an alienation of property. Also, a waiver of intellectual property rights cannot be included in this category.

Objects of intellectual property and services of various types cannot be alienated. But money and things are what are alienated.

Ownership rights may arise in the following situations: exchange, purchase or manufacture of a thing, donation or inheritance, appropriation of a found thing. Ownership rights can arise in movable and immovable property. The list of objects to which this right may apply is enshrined in the law of the Russian Federation.

And most importantly, this list is constantly growing. The right of ownership terminates if the person abandons the thing or destroys it. An immovable property may be alienated if the land plot is withdrawn for state needs. Also, if the owner improperly uses the land.

When alienating property, different agreements may be concluded between the parties:

purchase and sale;
exchange;
donations.

When drawing up the first contract, the object or thing is transferred to the buyer after payment to the seller of the specified and agreed price. The same story happens when selling property rights.

When concluding a second contract, one person has the right to exchange a thing for another, more important and worth it for him at the moment. In this case, the persons participating in the transaction are both buyers and sellers at the same time.

After all, they undertake to transfer and accept property or an item that previously belonged to another person.

As for the gift agreement, the thing is transferred to the donee. He can use it for free. In this case, the donor has every right to release the donee from the donee’s property obligations.

It is worth noting that the alienation of property can take the form of a donation. It is practically the same as a gift, but only represents the transfer of property for a public purpose. If a person does not fulfill his obligations, then alienation occurs by court decision. A person who previously held title to property loses it when it is transferred to another person. Since the latter immediately accepts this property and has legal ownership.

Alienation of residential premises can be carried out through transactions - this is the most common basis. Regardless of the type of transaction, the transfer of ownership under it must meet certain conditions:

Only an adult capable owner can alienate real estate. On behalf of and in the interests of an incapacitated person, a transaction is concluded by his legal representative. You can entrust the alienation to a trusted person.
The written form of the contract is mandatory, no matter what deal the parties enter into. Notarization is welcome.
Any transaction must comply with the general and special requirements of the Civil Code. For example, a purchase and sale agreement includes a description of the object and its price, but a gift agreement cannot contain provisions for counter representations.
When transferring objects, the rights of third parties must be respected. For example, in accordance with Federal Law No. 159 of July 22, 2008 “On the peculiarities of the alienation of real estate in municipal and state ownership...”, entrepreneurs have the right of first refusal to purchase from the state the real estate they rent. If private real estate was acquired by one of the spouses during marriage, its alienation is possible only with the consent of the second, since it is their common property.
Whatever the basis for the alienation, the transfer of ownership of real estate is subject to state registration. Only after information about the new owner is recorded in the Unified State Register of Real Estate is the property considered alienated.
Only unencumbered real estate can be freely alienated. A lien, mortgage/pledge, or prohibition on alienation will create problems in transferring ownership.

The procedure for the alienation of residential premises is always the same, regardless of the type of basis transaction. It includes several mandatory steps. Let's look at them using the example of a real estate purchase and sale agreement:

Conduct of negotiations. The parties stipulate the terms of the transaction: price, procedure for transferring real estate, division of registration costs, and so on.
Preparation of a draft agreement. The development is usually entrusted to a lawyer, realtor or notary, although the law does not prohibit drawing up an agreement yourself.
Signing the contract. The parties can sign the agreement anywhere. As a rule, this happens in the notary office at the location of the object.
Signing the transfer deed. According to Art. 556 of the Civil Code, such an act is a mandatory condition of the purchase and sale agreement. We recommend that you draw it up in case of concluding other transactions involving the transfer of real estate.
State registration. You can register at the offices of Rosreestr, the nearest MFCs, or online through the State Services electronic service.

What is alienable?

Alienation of both the property itself and property rights is possible. What is this? Items, real estate, money, securities and rights to own them. Services, works, and intangible objects of intellectual property cannot be alienated.

We invite you to familiarize yourself with the procedure for dismissal at your own request.

Speaking about the alienation of property, experts distinguish three main groups of objects:

Real estate.
Securities.
Copyright Intellectual Right.

Let's get to know them in more detail.

Consent to alienation

Another problem is obtaining consent to sell real estate. Here are a few examples where this condition must be met:

The property or share in it belongs to the minor. Before selling, you must obtain permission from the board of trustees. It does not matter whether the minor is under guardianship or not. If the child is already 14 years old, he must first give written consent to a government agency. A prerequisite is the purchase of another housing of equal or greater value with the proceeds.
There is an alienation of an apartment, house, or privately owned land plot that was acquired during marriage. If this occurs, the property is considered the common property of the spouses. Before you sell it, you need to get the consent of the second spouse.

If, in the cases listed above, consent is not obtained (from the guardianship authority or the second spouse), the transaction is declared invalid in court. This will have negative consequences for both the seller and the buyer. The latter should take into account such nuances to minimize the risk of losing funds.

During alienation, the property owner needs to prepare a package of documents. It includes the following papers:

A purchase/sale agreement or other document securing the transaction, including a gift agreement. The transfer of ownership is also possible under an agreement, the subject of which is the alienation of real estate.
Consent of other property owners.
Refusal to purchase, drawn up by citizens owning other shares, in the case of shared ownership.
Documents for citizens registered in the residential premises, if a house or apartment is for sale.
A certificate from Rosreestr indicating the absence of encumbrances associated with real estate. If the transaction goes through a notary, the latter will find out this information himself.

The real estate market is actively used by scammers; the absence of any document is grounds for refusing the transaction. These papers will also be required during registration of the new owner in Rosreestr.

In addition to these, you will have to make two statements:

on the transfer of rights;
on registration of rights.

Additionally, the buyer will be required to prepare copies of an identity document. You will also have to pay a state fee of 350 rubles and provide a receipt confirming the fact of depositing funds.

Copyright

Intellectual property refers to scientific discoveries, works of art, databases, computer programs, technology know-how, production designs, and technological inventions. The owner of the result of such intellectual activity is also its exclusive right holder.

To obtain such an exclusive intellectual right, the author must register it with a government agency. Only after this does it acquire the status of an alienable object. The right becomes possible to sell, exchange or give.

A copyright alienation agreement is a written document. The procedure for payment of monetary remuneration and its amount must be prescribed.

As for the area of property rights, only copyright is alienated. Intellectual and personal moral rights cannot be sold, exchanged or gifted. They do not participate in alienation transactions.

We invite you to familiarize yourself with Filing a cassation appeal to the Moscow City Court in a civil case, a sample cassation appeal against a district court decision

Alienation of housing under a rental agreement

One of the options for transferring rights to housing, common among single pensioners, is a rent agreement, which provides for the alienation of real estate in exchange for periodic rent payments and the provision of funds for maintenance (Article 583 of the Civil Code).

Simply put, housing is transferred into the ownership of a person who, in return, undertakes to provide financially for the former owner for the rest of his life. At the same time, the rent recipient continues to live in the transferred premises - he cannot be forcibly evicted.

The new owner can sell the home, but even this does not give him the right to evict the former owner - the rent encumbers the property.

The law allows for the registration of three types of annuity:

Permanent, that is, virtually unlimited, if the expiration date of the contract is not established. The right to claim payment may be transferred to third parties or by inheritance.
Lifetime, that is, providing for payments and other provisions until the death of the annuity recipient.
Lifetime maintenance with dependents. The payer is obligated not only to pay rent, but also to provide the recipient with all the necessary means of life, including housing.

According to Art. 584 of the Civil Code, any such agreement is subject to notarization and registration in Rosreestr.

If the payer violates obligations, for example, delays payment, the recipient has the right to demand payment of a penalty. In case of significant violations of the contract, the recipient of payments may insist on its termination.

A sample document can be found below.

When you cannot alienate real estate

Due to various circumstances, a ban on alienation is imposed on some objects. We are talking about encumbrances, the most severe of which is arrest.

The remaining encumbrances, although they prohibit the alienation of apartments and land, but only without the consent of the person in whose favor they are imposed. If there is consent, the ban is lifted. Such encumbrances include:

mortgage;
pledge;
notarial prohibition of alienation of property.

Any of them is registered in Rosreestr and reflected in the Unified State Register of Real Estate.