Difficulties in land registration

18.11.2010 10:33
Articles about real estate | Difficulties in land registration Historically, that registration of ownership of a house does not pose particular difficulties. At the same time registration of ownership of land, especially for the first owner, a long, costly and fraught with various obstacles. Therefore, often the owner of the house, which was unable to obtain title to land, said the sale of the house and grounds and, therefore, claim to receive money for this land, though legally part was not his. In this case, if a house is located in the village, acquiring the right to a dwelling house, the buyer gets no land, but only the right to free transfer of ownership of the lands of state or municipal property - the right to privatize the land (Section 1, Art. 121 ZKU). If the house is located in a garden cottage or a partnership, then, in your own home, the seller passes and membership in the partnership, which is the basis for the further privatization of land. Hesitating to take this step, the buyer must be aware that it may face some surprises. Thus, land that he actually be able to privatize, it may be less than that which he "sold out". The law sets limits for the free transfer of land to citizens of Ukraine:
• construction
and operation of the dwelling house and outbuildings - 0,25 hectares in the villages, 0,15 hectares in the towns and 0.01 hectares in urban areas;
• for an individual country construction -0.10 m;

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• to maintain gardening - 0,12 hectares.

Thus, a seller of land actually in use was more land than could be privatized under the law (which happens quite often), he considered the land of their own and therefore believes it can sell it. The buyer in this case will be able to formalize ownership of only a part of the "bought" the land. Or else he does will not be able to issue in the property, or be forced to buy again - now have a real owner (the state or local authorities). To avoid falling into such a situation, it is necessary to determine in advance the actual area of the "sell" area and then talk about the sale of only those parts which can be obtained free of charge. The actual area of land can be defined, both independently and with the involvement of land management organizations at the location of the site. There is another difficulty which sometimes encounter "customers" of land not belonging to the sellers. It often happens that the sellers to "sell" the land have made some steps towards privatization, but not brought this process to end. Consequently, there may be some legal acts authorizing privatize land "seller" (and sometimes members of his family, who at the time of "sale" have died), for example, the decision of the local council.

Such acts preclude a decision on the privatization of the same land for a new host. In order to exercise their right, the new owner of the house will have to decide whether to cancel the decision of the local council, and if the former owner died - to apply to the court to abolish the initial decision. In any case, the new owner of the house would have to involve the former owner, who may well decide that his duties completed by the receipt of money for land. For information about whether made any move to privatization of land, can provide the chairman of the local council, or cottage garden community. Thus, "buying" land, whose ownership is not formalized, it is advisable to get advance information about possible complications and discuss the "seller" of its obligations regarding the future promotion of land privatization.

Content tags: land Tips on Real Estate
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