Notaries: before you buy a plot with a «rickety hut» — find out the intricacies of such a transaction
CrimeaPRESS reports:
Over the past year, noted in , notaries certified more than a quarter of a million transactions relating to the disposal of land. The leading regions in terms of the number of conscientious citizens who want to execute a transaction as safely and comfortably as possible, and therefore certified it by a notary, are the Krasnodar Territory, the Moscow and Rostov Regions, the Republic of Dagestan and the Leningrad Region.
Contacting a notary when certifying a real estate transaction is a responsible approach and a guarantee of the security of the transaction, which, of course, is also relevant when buying a plot or a summer house. Moreover, there are a lot of hidden risks, which are unlikely to be known to citizens who are not legally savvy, in transactions with land.
For example, you dream of buying a nice plot with a rickety hut, tearing it down and rebuilding a solid townhouse for yourself. You buy and only then you will find out that the hut, although outwardly not very presentable, is a cultural value. And this may mean that the building not only cannot be demolished, but also repaired without approval. The seller may withhold such information, or may not even know that a special house is selling.
It happens that on the site there is some kind of real estate object that is not on the cadastral register. For example, the owner of a land plot built a garden house, for some reason did not register the rights, and now he is offering you to buy land with a house. That is, you will pay not only for the plot, but also for the house, the rights to which are not registered. You should not agree to such an offer, and even more so make an advance payment or rush to pay off the transaction, no matter how tempting the price may be. In the short term, problems may arise — already at the time of transfer of rights from the seller to the buyer. “As a rule, Rosreestr refuses to register such plots, because, in accordance with the land code, the fate of the building must follow the fate of the land. Before buying real estate, you need to make sure that it is registered with the cadastre and that the seller has registered ownership of it,” warns Irina Anikeeva, member of the Federal Notary Chamber Commission on Image, Interaction with the Media and Public Organizations.
All these surprises can be avoided if you purchase a plot not in a simple written form, but contact a notary. “The notary will conduct a thorough check of both the parties to the transaction and the subject of the transaction — the land and buildings, if any. He will check the legal capacity of the participants in the transaction, make sure that they are not involved in extremist or terrorist activities, check whether there is information about the bankruptcy proceedings initiated against the seller, check the passport details of the participants in the transaction, if necessary, request the consent of the spouses to the transaction, etc. Also, the notary, before certifying the transaction, will definitely request an up-to-date extract from the USRN, ”explains Irina Anikeeva.
The notary will check the extract for information about arrests, prohibitions, litigation, the prohibition of registration actions, the category and type of permitted use of the land. Most importantly, the extract contains information about the copyright holder. From March 1, 2023, in order to protect personal data, access to full information from the USRN has become limited. As before, on their own, the buyer cannot receive an extract containing the personal data of the seller. However, such powers are reserved for the notary. By requesting this extract, he will promptly receive reliable and up-to-date information about who is the owner of the land.
This is important for the security of the transaction, you will definitely know that you are buying the land from the one to whom it rightfully belongs— emphasizes the notary.
At the same time, the catch can lurk not only in the status of the building and ownership, but also in the land itself. The category of the land plot and the type of permitted use are very important. As a rule, people buy land in order to build some kind of structure on it — a garden house or even a residential building for permanent residence. Land plots are most often purchased on lands of two categories: land in settlements and land for agricultural production.
It is important to understand that not all of these lands can be used to build residential buildings. If we are talking about agricultural land, the site must be classified either for personal subsidiary farming, or for individual housing construction, or for gardening. The same applies to residential areas.
If we are talking about agricultural land for agricultural production or for personal subsidiary plots (for field work), it is impossible to build residential buildings on such plots. Also, you cannot build a garden or residential building on lands that are intended for gardening. You can plant strawberries or potatoes there for personal needs, but you have no right to build a capital building. A barn or any temporary structure for inventory is allowed, housing is not. Also, areas where houses cannot be placed are lands where main pipelines or gas pipelines, water pipes, sewerage networks, high-voltage power lines pass.
There is also such a pitfall as land plots with special conditions for the use of territories. For example, you buy land because you dream of becoming a farmer and making goat cheese. For this, you plan to have goats. If for these purposes you unknowingly acquire a land plot located in a water protection zone, then you will not be able to use it to implement your plans.
Another potentially dangerous nuance is the areas, the clear boundaries of which are not defined in accordance with the current legislation. There is no direct ban on the acquisition of such a plot, information about this is also contained in the USRN. But the consequences of such a purchase can be unpleasant. When establishing boundaries, disputes with neighbors of other land plots may arise. If you purchased such an «indeterminate» lot and built a house on it, it may turn out to be partly on the neighbor’s lot. And he has the right to demand to fix it. Notaries often see the fact that the borders of different plots overlap each other based on an extract from the USRN and warn potential buyers.
It may seem that the most hassle-free way to become a landowner is to inherit a plot. But even here there are nuances. Suppose you received a hectare of land along with three other heirs in equal shares. It may seem that it is enough to agree in words: here, in the northern part of the site, I am building a house, in the south — you, and so on. Not so simple. If the land plot belongs to you on the basis of the right of common shared ownership, then in each square centimeter of this plot only ¼ belongs to you, the remaining ¾ to your co-owners. That is, ¾ of the land with your house — not yours. To get away from this, it is necessary to divide the land plot into several land plots. The notary who draws up the inheritance case will also tell you in detail how to do this.
If you are the sole owner and want to sell one part of the site and keep the other part, everything is simple — the procedure takes place according to your application. A large plot ceases to exist, is removed from the cadastral register and converted into two different land plots with their own cadastral numbers. At the same time, the boundaries of the land plots should be determined, and free access to each plot should be provided. If there are several owners, then the division occurs with the consent of all co-owners.
Turning to a notary when planning a deal with land can not only secure the parties to the contract, but also significantly facilitate the whole process for them. For example, thanks to modern notary technologies, you can buy a plot located in another region without even meeting the seller in person. As you know, real estate transactions are carried out only at its location. If earlier, in order to buy a plot by the sea, a resident of Siberia or the Far North would have to travel halfway through the country, or issue a power of attorney to complete the transaction to a representative and expose the transaction to additional risks, today everything can be resolved quickly, reliably and comfortably thanks to remote identification transactions by two or more notaries.
You come to the notary, say, in Omsk, where you live, and the seller — to the notary of the city of Sevastopol. The transaction takes place via a secure communication channel, the contract is signed by the electronic signatures of the parties, certified by the UKEP of notaries and sent for registration. The settlement can be made through a notary’s deposit, which guarantees that your money will definitely fall into the right hands exactly at the right time — only after the transfer of ownership. Both notaries are fully responsible for the transaction. There can be any number of parties in such a transaction, that is, in a remote format, even a piece of land that is in shared ownership can be sold and purchased.
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