Land law. Legal regulation of the purchase and sale of land plots (the most important)

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Land law. Legal regulation of the purchase and sale of land plots (the most important)

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28. LEGAL REGULATION OF THE PURCHASE AND SALE OF LAND PLOTS

For transactions of sale and purchase of land plots general rules on the purchase and sale agreement, special rules on the real estate purchase and sale agreement established by land legislation.

The form of the sale and purchase transaction can be simple or notarized (at the request of the parties), since civil law does not provide for mandatory notarization of the contract for the sale of a land plot. Mandatory notarial certification of transactions with land plots is provided only for contracts of rent and life maintenance with dependents. Failure to comply with the legally established form of a transaction for the alienation of a land plot shall entail its invalidity.

Mandatory state registration of a land plot alienation agreement is provided only for a land plot donation agreement and a rent agreement providing for the alienation of a land plot against payment of rent.

Other contracts for the alienation of land plots in themselves are not subject to mandatory state registration. However, state registration of the transfer of ownership from the seller to the buyer is mandatory.

It should also be borne in mind that when notarizing transactions with land plots, the principle of exclusive territorial competence applies, i.e. the notarization of the contract must be carried out in the appropriate notary district (at the location of the land plot).

The object of sale and purchase can only be a land plot that has passed the state cadastral registration, i.e. the contract of sale must contain the cadastral number and address (location) of the land plot. As a rule, the address of a land plot is indicated as a postal address or other generally accepted description of the location of the plot, which makes it possible to accurately determine the object (land plot) on the territory of the corresponding registration district. The area of the site must be indicated according to the title documents (certificate, act of a state or municipal body, other document). The cadastral number of the land plot includes the following data: the number of the cadastral district; number of the cadastral region; number of the cadastral quarter; number of the land plot in the cadastral quarter.

All land plots located on the territory of the Russian Federation are subject to state cadastral registration, regardless of the form of land ownership, intended purpose and permitted use of land plots.

The final document confirming the cadastral registration of a particular land plot is a cadastral map (plan) of the land plot, containing graphic and textual forms of reproduction of information contained in the state land cadastre.

The cadastral map (plan) contains: the cadastral number of the land plot; location (address) of the land plot; land area; land category and permitted use of the land plot; description of the boundaries of the site and their individual parts; economic characteristics of the site, including the amount of payment for the land; qualitative characteristics of the site, including indicators of the state of fertility for certain categories of land; the presence of real estate objects (buildings, structures, structures) on the land plot; registered property rights to a land plot; restrictions (encumbrances) of rights to a land plot registered in the prescribed manner.

Author: Medentsov A.S.

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