How do I get to own land near the water or in the forest?

24.06.2011 10:44
Articles about real estate | How do I get to own land near the water or in the forest? Dreaming relax in the summer on your own beach? Then get ready for the risks and costs: the purchase of land with access to the pond will cost money not only to acquire land, but also for its legalization.

Oleg Somov from Kiev after the sale of inherited inherited the apartment thinking about buying land to build a country house. At the same time he began to look for land in Vyshgorod district of Kiev region, where, in comparison with the prestigious Obukhov area, land prices modestly. After passing 15 km from Kiev the PPC on the canal bank of the Desna river, Mr. Somov found private cottages, and on the other side - building plots on 12 acres with access to water.

Related article: What threatens to misuse of land?

The representative of the company that published the announcement of the sale, glibly touted and other proposals on the banks of the Desna and the forest. However, as found "money", with a choice of such land should be particularly vigilant. And here we are just not buying - in many places, especially dainty parts are not buying, and take, for example, in the lease. Or privatized by the court. Such are the winding road to personal paradise, says Money.

The house on the river

Everyone who is interested in purchasing the land from the water, remember: the law prohibits capital construction and horticulture in the coastal protection zone. Its width is 25 m for streams and pond area up to 3 hectares, 50 m - for more than 3 hectares of reservoirs and 100 meters - for large rivers and lakes. Most of the reservoirs and adjacent lands in the state or municipal property, but because the citizens of coastal land are only available on lease.

Direct lessor serves local government or local council. The land tax is not paid by the tenant, but must pay the rent. Its size and condition index recorded in the lease. It usually ranges from 3 to 12% of the normative monetary value of land. If we are talking about subletting, you should verify that this is available the basic lease agreement, which entered the local authority with the primary tenant.

The property can only be closed reservoir area of ​​less than 3 hectares, located on the territory of the site or created it artificial pond. Although today, as we know, protected river banks, some landowners continue to develop, relying on communication in government circles, or resorting to legal ruses.

"The coastal zone receives its status only after the land for some projects that should be reflected in town planning and land use documentation. But to say this about the illegality of the construction can not" - said a senior lawyer law firm "Konnov and Sozanovsky" Dmitry Sichkar. That is, until the documents do not indicate that the ground - under protection, to build not allowed. If the area is still included in the protected zone, it can be used for construction under the guise of "technical modernization" of hydraulic structures, which may be located in the coastal zone for quite legitimate reasons. Widespread scheme is the design of the houses built on the banks of rivers and seas, as slipways (storage facilities for the courts).

The easiest way to "anchor" in the dock - to purchase a plot or a ready-made object in the boat co-op, which must be a lease to occupy the territory. Often, the buyer promises to dock the ownership of the building. Usually, this two-story building, where the first floor is for storage of boats, and the second - for housing. Often in these cooperatives are built much more elegant buildings that have nothing to do with boat garages. But in the case of such misuse of the site runs the risk of co-operative to draw the attention of inspection bodies.

Another way to learn coast - the use of reclamation, which will expand the land, building and maintaining a "primary" coastal zone. Questionable in terms of legality aggradation legalized under the guise of engineering training area, the channel deepening or strengthening of banks alleged in the interests of the local community. To do this, the developer refers to the local authorities, and concludes a treaty with them in carrying out related work. For a fee officials are ready to close their eyes to the many violations and to ensure positive results verify that the land law.

Some "craftsmen" were able to obtain title to the land, located in the recreational area, through the courts. For this purpose have been initiated lawsuits against local officials, who allegedly refused to grant the plaintiff the land. The court ruled in favor of the plaintiff, who after the decision became the owner of the land. These schemes are not possible without a "special interest" representatives of local authorities and the courts. In addition, they may attract the attention of prosecutors. So, having learned that the proposed sale of land was received by the seller by a court of appeal should consider the risk of the decision and the abolition of property rights. In general, to legalize the court samostroy erected violations of environmental standards is not easy, but also over time may be followed by a legitimate requirement of agencies to demolish the structure.

At the edge of the surf

"We have a village council with a contract of lease of land for 49 years, and thus we live for months at ten meters from the edge of the surf resort in the suburbs," - says a resident of Odessa Valentine Lubnova. Lease agreement was to issue after the purchase of land in the cooperative. For this purpose it was necessary to withdraw from the cooperative and the local council to submit an application for a land lease.

According to her, the privatization of land here will never happen. "But we hope that our successors will achieve renew the lease," - says Ms. Lubnova. Indeed, to legalize the construction of the sea - much harder than on the banks of the same gums. Especially since January 1, 2011 came into effect changes to the Water and Land Codes, where the coastal protective strip along the sea set the width of 2 km. However, despite the severe restrictions in the ads featured plenty of sites for individual residential building near the sea.

Most often only expose for sale the lease of 25 or 49 years of age or membership in a book co-op. In the latter case, the buyer should make sure there is a cooperative lease agreement, a mandatory part of which must be cadastral plan, the project land allocation, etc.

House in the woods

Settle in the surrounding forests as complex as the water's edge. Buying land in the shadow of secular pines, also pay attention to the purpose of the site. Often in towns that are actually in the woods, is a land under the individual buildings. However, in the forest construction is prohibited. Moreover, a person can not take this land for lease. "Changing the purpose of forest land is usually associated with a complex and lengthy procedure, but to get a positive decision is realistic if the prospects for expansion of the settlement with the introduction of appropriate adjustments in the master plan," - says the director of RED, Andrei Goncharov.

If you change the purpose of clearing the site decision trees and shrubs shall in consultation with the state administration of environmental protection in the Crimea or the ARC.

The risks are high

Becoming the owner of land with a special regime of use, do not forget about the risks. First of all, registration of land may be subsequently deemed illegal. Then the buyer will either have to seek the truth in court or to seek outlets for officials, and in the worst case - to give up ground, losing the impressive facilities. Even if some time violator of the Water and Land Codes will stand confidently on its own bank, in the future it may still expect some nasty surprises. Lawyer Law Firm "Misechko and Partners" Dmitry Zhukov recalls the responsibility for violations in the environmental area - the offender can expect to administrative, property and even criminal liability.

For example, illegal possession of lands of water fund subject to a fine of 1700 UAH. or imprisonment for up to 5 years! Therefore, the risk of dismantling buildings and the seizure of land to potential buyers should not be forgotten. In any case, all procedures related to the acquisition of "paradise," better go with experienced law firms, whose costs are very expensive care. Price question varies from several thousand to several tens of thousands of dollars - depending on the complexity of the situation and the size of the land.

Summary: The least risky way - buying land with an internal reservoir or self-construction. All other methods of acquisition "of protected lands," filigree require legal support.

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