Before signing a contract ...





21.11.2010 09:35
What should I look for when buying land for the construction of a residential home?

When you purchase the land necessary to verify the ownership the seller of the land. Apart from the usual statements from EGRP, land registry, we usually recommend to carefully check the history of the land. Unfortunately, we are often confronted with the fact that the history of site acquisition in the past have not always distinguished legal purity.

You need to check the category and the permitted use of the site, which should allow for individual housing construction. It is no secret that most of the currently marketed land for individual house building previously belonged to the category of agricultural lands. You need to check whether the observed changes in procedure and the category of permitted use. There are cases where such a transfer by the head of local government in excess of authority, and therefore is illegal.

Very popular sites for reservoirs, however, remember that shoreline lake attributable to common areas, ranging from 20 m to 5 m. In addition, establish protection zones, ranging from 50 m to 200 m, and for water bodies used for drinking and household water, more sanitary and protective zones. Thus, it is necessary to check whether the construction of individual houses in the acquiring the site.

What are the risks of acquiring land without a contract? Is there any guarantee that the seller will fulfill the obligations to sum up the communication?

It all depends on how decorated the parties. Most often, the parties shall issue a separate contract of sale of land and contract services for the communications. Related to this is the main risk of the buyer.

Since the obligation to sum up the developer of communications services provided by the contract, then, respectively, in the case of improper fulfillment of obligations the buyer will be entitled to claim under this contract. Dissolve itself a contract of sale of land on this basis would be impossible, since the sales contract by that time will be properly executed. In addition, there are situations when the price of communications is already incorporated in the price of land, and in the service contract specified a token amount. In this case, return the amount of the overpayment is unlikely.

In this connection, we recommend customers carefully read the contracts, which to negotiate, and evaluate the risks associated with their possible failure.

One can envisage a delay of payment to part of the price payable for the summing up of communications, was paid after the actual delivery of services. Can be envisaged in the agreement and other security measures.

Must the owner of the object-of-town real estate to pay the cost of common infrastructure of the village (road maintenance, security, etc.)?

With this question apply often enough. The fact that the size of payments for common infrastructure in some towns, especially business and elite class can be quite substantial. Current legislation regulates the procedure in detail the content of the general infrastructure of apartment houses and responsibilities of co-owners for its content.

With regard to the overall infrastructure of the settlement, the statutory issue is not resolved. Such obligations may be taken by the owner themselves voluntarily, for example, by contract services (management, security, etc.) or by making contributions to the appropriate non-profit organization, consumer cooperative, etc.

As for contracts of services, as a general rule, induce the owner to conclude such an agreement impossible. However, there may be exceptions. For example, the non-profit association of members of the association is obligated to participate in the content of contributions to common property, and upon exiting the union contract for the use and maintenance of common property.

Thus, the answer to this question depends on the specific situation - how to regulate relations in your village.

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Content tags: land Tips on Real Estate
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