Land law. Exchange and donation of land (the most important)

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Land law. Exchange and donation of land (the most important)

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30. EXCHANGE AND GIFT OF LAND

Exchange of land. Under an exchange agreement, each party undertakes to transfer one plot of land into the ownership of the other party in exchange for another. The rules on the purchase and sale of land plots are applied accordingly to the exchange agreement, unless this contradicts the special rules and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange. As a result of an agreement for the exchange of land plots, ownership of them is transferred.

The basic rules for the sale and purchase of land plots, which are considered as real estate, are established by civil law. Rules on the sale and purchase of land are also contained in the land legislation.

an object of exchange there can be only land plots that have passed the state cadastral registration. When concluding an exchange agreement, the parties are obliged to provide each other with the information they have about the encumbrances of the land plot and restrictions on its use.

The following conditions of the land exchange agreement are invalid:

▪ establishing the right of the seller to buy the land plot back at his own request;

▪ restricting further disposal of the land plot, including restrictions on mortgages, transfer of land plots for rent, and other transactions with land;

▪ limiting the seller’s liability in the event of claims of rights to land plots by third parties.

The buyer in the event that the seller provides him with knowingly false information about the encumbrances of the land plot and restrictions on its use in accordance with the permitted use; on permission to build this land; on the use of neighboring land plots, which has a significant impact on the use and value of the land plot being sold; on the qualitative properties of the land that may affect the intended use of the buyer and the value of the land sold; other information that may influence the decision of the buyer to purchase this land plot and the requirements for the provision of which are established by federal laws, has the right to demand a reduction in the purchase price or termination of the contract for the sale of the land plot and compensation for losses caused to it.

Donation of land. Under a gift agreement, one party (donor) transfers or undertakes to transfer ownership of a land plot to the other party (donee) free of charge.

If there is a counter transfer of a thing or right or a counter obligation, the contract is not recognized as a donation. The rules applicable to imaginary, sham transactions apply to such an agreement.

A promise to transfer a land plot free of charge to someone is recognized as a donation agreement and binds the promiser if the promise is made in the proper form and contains a clearly expressed intention to transfer the plot free of charge in the future.

A promise to donate all of one's property or a part of all one's property without specifying the specific subject of the donation - a land plot - is void. An agreement providing for the transfer of a gift to the donee after the death of the donor is void.

Author: Medentsov A.S.

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