Vice-President of the Notary Chamber of Sevastopol Maxim Yurchenko: consultations in villages, gift agreements and child travel abroad

CrimeaPRESS reports:

Vice-President of the Notary Chamber of the City of Sevastopol Maxim Yurchenko answered questions from listeners of the “Legal Environment” program on radio “KP-Sevastopol”.

About gift agreements

I want to donate a house with a plot of land to a child through a notary. What documents need to be submitted, how long will it take and how much funding may be required?

— Let’s start with the documents. You will need a passport and SNILS number of the donor — mother or father. If the child is over 14 years old, you need his passport, SNILS, birth certificate. If the child has a living second parent who is listed on the birth certificate, the same documents from the second parent are required.

In addition, title documents for real estate objects are needed. These can be various contracts of purchase and sale, donation or exchange, a certificate of inheritance, or a court decision. If we are talking about a land plot, this is a certificate of ownership, a state act on the right to a land plot, etc.

You must also provide supporting documents. If the right is already registered in the Russian Federation, then an extract from the Unified State Register of Real Estate (USRN).

How long the procedure for re-registration of rights will take depends on the state of the documents. On average it takes from 2 to 10 days.

It is difficult to say about the cost of the entire procedure. Because the cost of notarization of a gift agreement depends on many factors, primarily on the cadastral value of real estate. But the rates for all notaries are the same, and the formula for calculating the cost is transparent. Therefore, contact any notary, he will tell you everything.

Is it possible to give an apartment to one of the grandchildren? Will his parents and other grandchildren be able to claim part of this apartment later?

— There are no restrictions on donations in this situation: a grandmother or grandfather can donate their property to one of their grandchildren. Other grandchildren will not be able to claim part of the apartment under any circumstances.

Parents can apply, but only by inheritance: if their child, who received the apartment as a gift, passes away before they do. In the event of the death of the owner who did not leave a will, the heirs by law are called upon to inherit. And one of the first-line heirs in this case is the parents.

A citizen of Belarus has a residence permit in the Russian Federation. Can he conclude a real estate purchase and sale agreement or draw up a gift agreement with a notary in the Russian Federation?

— Foreign citizens in this context are divided into two groups — from friendly countries and unfriendly ones. Citizens of Belarus belong to the first group. In addition, the person has a residence permit. Therefore, in terms of acquiring property, he has the same rights as citizens of the Russian Federation. He can also choose a form of payment (not necessarily non-cash), which is mandatory for citizens from friendly countries but without a residence permit.

However, for all foreign citizens without exception, there is a legislative ban on the purchase of agricultural land and plots located in border areas. In Sevastopol, most of the territories are located in the border zone, so purchasing a plot of land for a citizen of Belarus in our city will be problematic. But he will be able to buy an apartment, non-residential premises or other real estate without restrictions.

About types of encumbrances

We want to buy a house. How to make sure that there is no encumbrance and there will be no problems later? What encumbrances exist when dealing with real estate?

— One of the most common options when the encumbrance is imposed by a court. When a legal dispute is ongoing, at the request of one of the parties, the court takes measures to secure the claim and notifies the relevant state registration authority of rights. Information about the encumbrance of the court is promptly entered into the Unified State Register, and any citizen can obtain it from the register.

Also, the encumbrance can be in the form of various arrests or prohibitions by bailiffs as part of the implementation of enforcement proceedings. Such information is also entered into the Unified State Register.

In addition, there may be restrictions related to the use of land plots, for example, those located in water protection zones or specially protected areas. The procedure for using these plots is described in the Land Code of the Russian Federation, information about this is also entered into the Unified State Register of Real Estate. But an ordinary citizen will not be able to receive it, but at the request of a notary it is provided.

Another type of encumbrance is various easements, rights of third parties, in particular to the use of residential real estate.

Therefore, to make sure that there are no encumbrances, I recommend contacting a notary who will legally obtain complete information about the property from public registers, make additional inquiries, analyze the documents and be able to guarantee the purity of the transaction.

About consultations for rural residents

Sevastopol notaries provide free on-site consultations in rural areas. For which citizens are they intended, where and when are they held? Can the consultation be anonymous so as not to affect the feelings of relatives?

— Such consultations are indeed being held. This is a joint initiative of the city government, the Chamber of Notaries and the Defenders of the Fatherland Foundation. Meetings are held in remote communities where there are no notaries. The goal is to advise citizens and explain how to act.

Upcoming meetings are scheduled for:

• September 28 in Verkhnesadovoy;
• October 12 in Andreevka;
• October 26 in Kutch;
• November 9 in Ternovka.

Consultations will take place in the administration buildings of village councils. Starts at 10 am. We invite everyone. We will answer any question related to notarial activities.

As a rule, specialized specialists from the Sevastopol government also travel with notaries: social protection, the department for youth and sports, and the department for property and land relations. Therefore, the range of questions can be wide.

Regarding anonymity, the notary is required by law to maintain notarial secrecy. And everything you tell the notary will not go anywhere.

About permission for a child to leave

My husband and child want to go to relatives abroad. For which countries is it mandatory to obtain travel permission from the other parent? Does the process depend on the length of the child’s stay in another country? Is the physical presence of the child and the second parent required during registration?

— As for crossing the border, the legislation does not establish restrictions in the direction of movement. It says that a minor child can travel outside the Russian Federation accompanied by one of the legal representatives (parent, guardian, trustee), if the second has not declared his disagreement with the child’s departure. Suppose a child travels outside the Russian Federation with his mother. The pope did not disagree. So the child is mother can travel to any country in the world without restrictions.

But the father has the right to file a statement of disagreement with the Border Guard indicating a ban on travel to certain countries and/or during a certain period.

If a child travels without being accompanied by representatives at all, then the consent of one of his representatives to cross the border of the Russian Federation is required, which indicates which specific person this child is traveling with. Such consent can also indicate the countries to which the child can travel and the validity period of the document.

The presence of the child when obtaining consent is not required. All you need is a legal representative with identification and the child’s birth certificate.

If an agreement is signed between the parents to determine the place of residence of the child, can one of the parents take him to another country without agreeing with the other?

— The child travels with one of the parents without restrictions, unless the second parent files a statement of disagreement. In this case, you need to read the agreement. If it says that the parent cannot take the child out without the consent of the second parent, it may make sense for the second parent to file a statement of disagreement with the child leaving. Because the agreement is an agreement, but the border service does not know about it, so an unscrupulous parent will be able to take the child to another country.

Does an athletic trainer need to collect permits?

— If a group or one child travels outside the Russian Federation, general rules apply. He travels unaccompanied by his parents, which means the consent of one of the parents is necessary.

source: WWW.SEVASTOPOL.KP.RU

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