Land law. Pledge (mortgage) of a land plot (the most important)

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Land law. Pledge (mortgage) of a land plot (the most important)

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33. Pledge (mortgage) of a land plot

On mortgage agreement land plots may be mortgaged insofar as the corresponding lands are not excluded from circulation or are not limited in circulation on the basis of federal law.

If a land plot is transferred under a lease agreement to a citizen or a legal entity, the tenant of the land plot has the right to pledge the lease rights of the land plot within the term of the land plot lease agreement with the consent of the owner of the land plot.

Pledge of lease rights to a land plotlocated in state or municipal ownership, the tenant of such a land plot is allowed within the term of the lease agreement with the consent of the owner of the land plot. When leasing a land plot in state or municipal ownership for a period of more than five years, pledging the right to lease is allowed without the consent of the owner of the land plot, subject to his notification.

In the case of common shared or joint ownership, a mortgage can only be established on a land plot owned by a citizen or legal entity, allocated in kind from lands that are in common shared or joint ownership.

The subject of pledge may be municipally owned land plots and land plots, state ownership of which is not delimited, if such plots are intended for housing construction or for comprehensive development for housing construction purposes and are transferred as security for the repayment of a loan provided by a credit institution for the development of data plots.

As a general rule, pledges of plots that are in state or municipal ownership are not allowed. It is not allowed to mortgage a part of a land plot, the area of which is less than the established minimum size, for lands of various purpose and permitted use.

Features of pledging a land plot on which there are buildings or structures owned by the mortgagor. Unless otherwise provided by the mortgage agreement, when mortgaging a land plot, the right of pledge also extends to the building or structure of the mortgagor located or under construction on the land plot. If there is a condition in the agreement stipulating that the building or structure located or under construction on the land plot and owned by the mortgagor is not mortgaged to the same mortgagee, the mortgagor, when foreclosure on the plot, retains the right to such building or structure and acquires the right to limited use of the part of the plot necessary for use of real estate.

If such a building or structure is alienated to another person and there is no agreement with the pledgee otherwise, the rights that this person can acquire to the mortgaged land plot are limited.

Unless otherwise provided by federal law or an agreement, a land plot acquired with the use of credit funds from a bank or other credit institution or funds from a targeted loan provided by another legal entity for the acquisition of this land plot is considered to be pledged from the moment of state registration of the borrower's ownership right to this land plot.

Author: Medentsov A.S.

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