How to sell a house and plot of land without cadastral number?

11.05.2011 07:30
Articles about real estate | How to sell a house and plot of land without cadastral number? Such a question often asked by buyers, who are invited to buy a property, which is homeownership.

The concept of home ownership is usually a dwelling house with outbuildings and land. The latter can be divided into two parts - the first is used for maintenance of a dwelling house and outbuildings, and the second part is actually a vegetable garden. Nevertheless, especially in the suburbs, the garden can not be, but the site for the maintenance of a dwelling house and outbuildings there.

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According to the article. 377 of the Civil Code of Ukraine (CCU), size of land and inventory number are essential terms of the contract, which includes the transfer of ownership of the land, the subject of the contract.

Can not exclude a situation that ownership of the land confirmed act of state issued before 2002. In these acts there was no inventory number. Such a way that would meet the requirements of Art. 337 CCU, the owner must obtain information on cadastral number later.

To fully understand the need to specify in the contract inventory numbers once again we note that this is an essential condition of the contract.

According to the article. 638 MAS contract is concluded, unless the parties have agreed on all essential condition. A to the essential condition of true and those that are defined by the legislation for this type of contracts. In our case, the essential condition that must be present in the contract is the cadastral number of the land.

Based on the fact question that potential buyers, it becomes clear that in some cases who - is willing to enter into a contract, despite the legal requirement. Moreover, there is a perception that one can even agree with the notary drawing up such a deal.

Maybe this is the case. But in any case, the legal consequences occur regardless of who and what an agreement.

As can be seen from the contents of Art. 638 MAS and practice agreement, which lacks the essential conditions have not concluded.

What's more, with further work on registration of title to land, the person who thought himself the new owner will be denied registration.

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