What should I look for when buying land? What documents are needed for notarization of the contract of sale of the site? What is included in the details of the contract? An obligatory condition for concluding a transaction, as well as all transactions with real estate, is the notarization of the alienation contract. Confirmation of the acquisition of land is the State Act on the ownership of the land. In addition to this document, the seller may need a project for the allocation of land.
It defines the boundaries of the land, the coordinates of the site, the legal grounds for the acquisition of ownership by the seller, restrictions. However, the draft of a land allotment may not be in the hands of all owners.
The contract details include:
the full name of the parties to the contract, the type of transaction, the subject matter of the agreement, which is directly the land plot.
The location, area and purpose of the land, the legal regime and the composition of the land are also indicated;
a document confirming the seller's ownership of the land plot;
papers confirming the absence of prohibitions on alienation, as well as restrictions on the use of the site, which include pledge, lease relations, easements, the amount of the contract;
obligations of the parties to the transaction.
Before acquiring land it is recommended to make a detailed inspection. In this case, it should be borne in mind that it is possible to really evaluate the future purchase only if the site is allocated in kind, that is, it is limited by boundary marks. In the absence of such signs, it is better to achieve land allocation in kind, even if it is associated with additional costs.
Just pay attention to the purpose of the site. For example, if you purchase land for servicing a dwelling house, you can not place an industrial enterprise on it. More precisely, you can, but for this you will need to change the purpose, which can be very problematic.
The list of documents required for notarization of a contract of sale of a land plot that is privately owned by an individual includes:
Passport and identification code of the seller and the buyer;
certificate of registration or divorce (if available), notarially certified consent of the other spouse for the conclusion of this agreement, both from the seller and the buyer;
power of attorney, if a representative acts on behalf of an individual;
the title deed to the land (the State Act on the ownership of the land plot);
a certificate of the absence (availability) of restrictions (encumbrances) according to the State Land Cadastre;
a certificate of absence (presence) on the land plot of an apartment building, other buildings or structures;
a report on the expert-monetary assessment of the land (if it is not, then it should be engaged in the manufacture of such that it will take time and entail additional spending);
document on the payment by the seller of the tax on personal income, an extract from the State Register of Land (Land Register) is provided by the territorial body of the State Geological Inventory and is valid for 3 months from the date of issue.
It should be remembered that an essential condition for the contract of sale of land is the availability of cadastral number. In the case of his absence (there are state acts of the old model), then the territorial body of the State Geo Geocadastre is responsible for the assignment of the number.
The lack of a cadastral number is the basis for refusing to certify a contract of sale of a land plot.
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