Many property owners and potential buyers do not know what a burden is. Meanwhile, it is essential when concluding transactions with objects. 
What is a burden?
For property owners and purchasers, it is important that the transaction proceeds without problems and risks. They can occur if the object has an encumbrance (a sample certificate of ownership with the corresponding entry is presented in the article). It is understood as an event or process that is aimed at restricting the freedom of action of the subject or at reducing the ability to change the state of the object. Such property is considered to some extent flawed. Legislation, allowing the commission of certain transactions with the object, provides certain rules for operations. If we explain in simple words what an encumbrance is, it represents a restriction on the right of the owner associated with the partial ownership of the object by an organization or another citizen. It can be any specific person, state, banking or other institution.
Classification
The legislation provides for an encumbrance on:
- Mortgage.
- Rent.
- Rent.
- Trust management.
- The arrest.
All these types of restrictions have their own specific features. Let's consider them in more detail. 
Pledge
A mortgage involves the receipt of funds against the temporary transfer of rights to a property of a credit institution. This restriction applies until the debt is repaid. Banking organization, providing money to the citizen, wants to receive a guarantee of their return. In this regard, until the debt is repaid, an individual cannot carry out any transactions with the object.
Rent
It is unlikely that anyone wants to buy an immovable property with residents. If the acquirer does not know what the burden of rent is, then after the conclusion of the transaction, he may have difficulty evicting citizens. You may have to go to court. The buyer, in turn, should not conclude a deal with the object leased. Problems can arise not only with the buyer, but also with people living in the room. 
Rent
It involves providing the owner of the real estate throughout his life or a specific period with everything necessary in return for obtaining his living space after his death. Such a transaction should exclude the possibility of alienation of the premises by the owner during the period for which the contract with encumbrance is signed. Usually it is concluded before the death of the owner. If the owner, for one reason or another, changes his mind about selling his living space to the citizens with whom he signed this contract, or ceases to need outside help, the agreement should be terminated. In this case, the owner of the object will be obliged to return the funds received earlier, including those issued for the purchase of medicines, products, etc.
Arrest
This type of encumbrance is considered the most difficult. The arrest is imposed on the property for various reasons. For example, it may be a debt for utility bills. In this case, the restriction will be imposed by public services having the appropriate authority. No other organizations will be able to influence their decision. At the same time, authorized authorities can not only establish a restriction on transactions with the object, but also prohibit the owner from living in it. 
Trust management
This option of encumbrance involves the supervision of an immovable property of the owner. In this case, an agreement is concluded between the entities for a specific period. In accordance with it, the owner transfers part of the property rights to the trustee. For example, apartment owners need to leave for a long time. They would like for someone to look after their real estate and pay bills. The transferred management right may be terminated earlier than the term specified in the agreement only in the event of the death of the contractor or with the consent of the parties to the transaction. In all these cases, an encumbrance is recorded.
The risks
An owner who, due to various circumstances, has not removed the encumbrance from the real estate and has disposed of it, will be forced to deal with problems arising from such a transaction. The situation will add complexity when the owner, having sold the property, has left the country and cannot return to resolve the conflict. However, there are extreme circumstances in which a citizen is forced to complete a transaction without having removed the burden. In this case, it is advisable to contact a qualified lawyer who will help you find the most rational solution. In practice, after the sale of an encumbered object, the problems that have arisen are considered in court. Moreover, all costs of the proceedings are transferred to the guilty person.
To avoid all these difficulties, you should first remove the burden before the sale. Risks are borne not only by the owner, but also by the acquirer of the property. Existing restrictions will not allow him to fully exercise his rights. At the same time, it will be extremely difficult to return the money before solving the problem, and the trial in court may drag on indefinitely. Particular attention is paid in practice to situations when an apartment is purchased in which a minor citizen is registered, or he acts as the owner of a part of the living space. The transaction in this case is allowed with the participation of the guardianship authority and guardianship. In order to avoid all these problems, you should carefully study the documents before buying. Encumbrances are associated with difficulties that cannot be resolved in a short time. 
How to make a deal with an object that has limitations?
If mortgage encumbrance is established, the property will be held by the bank in pledge until the debt is paid off. Without the consent of the credit institution, the owner can live in housing, rent it. However, for the alienation will need permission from the bank. It is provided in writing. The mechanism for approving the operation is determined by the credit institution. If you intend to sell an apartment burdened with the life support of the owner, then the transaction is allowed only with the written, notarized consent of the renting recipient. There are restrictions that exclude the possibility of alienation of the object. Such encumbrances include a ban on registration and arrest. These restrictions entail the invalidity of the sale agreement. Legislation allows the alienation of an object burdened by commercial employment. At the same time, employers retain the right to reside in the premises until the expiration of its provision.
Design Nuances
Experts recommend drawing up a sales contract with a notary. Additional papers must be attached to it. In particular, the consent of a credit institution, government agency or other authorized authority must be provided, allowing the operation to be carried out. The contract indicates all the conditions and procedure for the transfer of the object, subsequent disposal of the new owner. For example, it is advisable to include in the standard agreement a clause establishing the terms of eviction / discharge of unauthorized persons living in the apartment.In case of encumbrance with a mortgage, it is important to stipulate guarantees for repayment of arrears on time. Equally important is the permission of the guardianship authority and the guardianship authority to conclude a transaction with the object in which the minor is registered or he is its owner. 
How to remove the burden?
The restriction is eliminated on the basis of a confirmation paper from the organization that established it. If it was a mortgage, then the credit organization that provided the funds issues a statement of debt repayment. A citizen can also receive a certificate from the state agency on the termination of the prohibitions by paying debts for utilities. In the case of trust management, the confirming paper will be the contract that has expired, the death certificate of the contractor or the agreement of the parties.
Checking object information
For any buyer, it is important to exclude any risks with the acquisition of real estate. To do this, he can check the presence of an encumbrance at the facility by contacting the State Register. Interested party submits an application and receives a statement of real estate. This paper contains all the information about encumbrances. In addition, the statement contains information about operations conducted earlier with this facility. It should be said that it is advisable to have this document not only to the buyer, but also to the seller. The duration of the statement from the date of receipt is 1 month. The most reliable and accurate data will be considered during the first three days from the date of issuance of the document. The authorized service takes 1-2 days to prepare and organize information. 
Conclusion
Before making a deal with any real estate, you must carefully study all the documentation. To avoid problems, it is advisable to request an extract from the Unified State Register about the object of interest. This document will clearly show the fate of real estate, the presence / absence of an encumbrance. In addition, there are indications of restrictions in the law of ownership. Experts do not recommend purchasing encumbered objects. As practice shows, such transactions create a lot of problems for all its participants. Owners of encumbered properties should not hide information about potential restrictions from potential buyers. Otherwise, a dispute may arise, which will be resolved in court. This, in turn, is fraught with significant costs, both financial and temporary.
