What are the risks when buying land?

24.09.2010 00:01
Articles about real estate | What are the risks when buying land? The land issue - not only, but sometimes the main thing that excites buyers suburban real estate. Consider just a few typical cases to which we should pay attention.

When you purchase the land necessary to check the seller's ownership of the land. In addition to regular statements from the land register, we recommend carefully check the history of the land. Often facing history site acquisition in the past not always distinguished legal purity.

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You should check the category and the permitted use of the site, which should allow for individual housing construction. It's no secret that most of the land is now sold under IZHS previously belonged to the category of agricultural lands. Must verify that the observed changes in procedure category and permitted uses. There are cases where such transfer was carried out by heads of local government in excess of authority, and therefore is illegal.

Very popular areas near bodies of water, but keep in mind that the coastal strip of the reservoir, related to common areas, ranging from 20 m to 5 m. In addition, protection zones are established, ranging from 50 m to 200 m, and for water facilities used for drinking and household water supply, and more sanitary protection zones. Thus, it is necessary to check whether the construction of individual residential houses on the acquired land.

What are the risks of acquiring land without a contract? Is there any guarantee that the seller will fulfill the obligations to sum up communications?
It all depends on how decorated the parties. The most common side of a separate contract of sale of land and contract services for the communications. Linked to this is the major risk of the buyer.

Since the obligation to sum up the developer provides communications service contracts, then, respectively, in the case of improper fulfillment of obligations the buyer will be entitled to claim under this contract. Terminate itself a contract of sale of land on this ground would be impossible, since the sales contract by that time will be duly executed. In addition, there are situations when the price of communication has been laid in the price of land, and in a service contract specified a token amount. In this case, return the amount overpaid is unlikely.

In this connection, we recommend customers carefully read the contracts that are proposed to conclude 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. You can include in the contract and other security measures.

Obligated to the owner of the object suburban real estate to pay the cost of common infrastructure of the village (road maintenance, security, etc.)?
The amount of payment for common infrastructure in some towns can be quite substantial. Current legislation in detail the procedure the contents of general infrastructure of apartment buildings and co-owners responsibility for its content.

Regarding the overall infrastructure of the settlement, the legal issue was not resolved. Such obligations may be taken by the owner to himself or herself voluntarily, for example, by concluding a contract for providing services (management, security, etc.) or through contributions to the respective non-profit organization, consumer cooperative, etc.

With regard to contracts of services, as a general rule, forcing the owner to conclude such a treaty can not. However, there may be exceptions. For example, the non-profit association of the members of this association is obligated to participate in the content of contributions to common property, while leaving the union to conclude a contract on the use and maintenance of common property.


Content tags: land
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