Land donation agreement: sample and form

Land donation agreement - a form of transfer of registered property of one individual or legal entity to another person or several persons.

What it is?

The conclusion of this agreement is strictly regulated by the Civil, Land, and also Tax and Family codes. It is more advisable to conclude such a legal procedure on the condition that the parties to the transaction are in kinship with each other. However, the law does not impose a ban on the issuance of a gift to a completely unauthorized person.

The gift agreement must comply with legal requirements, for this it can be notarized. This will help to legally transfer the property to another person. But registration of this contract is not required.

Donating a site where construction sites are not located

This contract of donation of the land involves the existence of the established documentation necessary for the registry:

• agreement of both parties in the form of a statement (from authorized persons);
• donor passport details;
• passport data of the person to be gifted;
• powers of attorney, which are notarized (if there is a representative);
• documents that certify the functions performed by the trustee (guardian), if a contract of donation of a land plot to a minor or a person with limited legal capacity is concluded;
• documentation that confirms the adoption of the child (for the adoptive individual);
• availability of a cadastral passport to the land plot (original and certified copy);
• a certificate confirming that the donor paid taxes related to the contract;
• documents that confirm the right to own a land plot on which there are no objects and which is subject to donation to another person (original and copy);
• a document confirming the consent of the donor spouse to the transaction; the document must be notarized if it is a joint property;
• other additional documentation (if necessary - birth or marriage certificate).

Place of registration

The contract of donation of the land should be drawn up in the municipal district in which the land is geographically included. Upon completion of this stage, the new owner of the site must contact the Registration Authority in order to finally secure their own right to own property received as a gift.

Only on condition that a certificate of registration for the donated plot is issued, a person who has been gifted can enter into legal full ownership of the land real estate, as required by the donation contract for the land plot with a residential building.

Documents required for registration in the registry

• Application from the owner for state registration.
• A document that certifies the identity, as well as a power of attorney, notarized, if the documentation is submitted by a representative of an individual.
• Documentation confirming payment of state taxes.
• The contract of donation of the land plot with or without a house in the original.
• Gift agreement of other real estate.
• Documentation that confirms that the donor has ownership of the subject of the contract.
• Cadastral passport.
• Real estate transfer and acceptance document.

The registration period is one month.

Sample gift contract

Some of the nuances of drawing up a contract are given below.

• When a donation contract is drawn up for the land, the sample should have a name and a list of rights and obligations of the parties.
• In the sample, let’s say a point about canceling a gift in the event that the person who gives the gift survives the donee.
• The conclusion form may be ordinary written and notarized.

This agreement must be signed by both parties who complete the transaction, that is, the donor and all participants who receive a part of the land donate the document.

According to the law, the contract must include a mandatory full description of each part of the site that is alienated (location, what is the area, whether it borders on other sites, etc.).

Typical land donation agreement

This type of contract in most cases is unilateral, which means that the free expression of the will of only one party is expressed. There are also agreements that define mutual obligations and rights.

A donation contract for a land plot is characterized by certain restrictions and prohibitions provided by law. Such restrictions apply to persons of certain categories. This is because domestic legislation strictly prohibits the conclusion of donation agreements between divisions and commercial structures, as well as donations to persons holding public office.

Legal entities

If a legal entity acts as a donor, and at the same time it has only the right of economic management or the right to manage immovable property in the form of a land plot, then this legal entity can conclude an agreement on donating this land real estate only with the permission of the owner. If the land is owned by several persons at the same time, then for the transaction to take place, the permission of all owners without exception is necessary. The donation agreement will be recognized as invalid, the terms of which provide for the transfer of objects of donation after the death of the donor.

In a typical contract, clauses should include definitions of the legal status of each party to the agreement, a detailed description of the site that is being alienated, a listing of all the obligations of the donor, the rights of the people who are gifted, the presence of buildings on the site. Also, the model agreement necessarily contains information on property and land disputes on the site itself. The clauses of the contract should contain obligations to pay the costs of state registration of the contract.

Benefits of this deal

1. With regard to taxes, there are exemptions. If close relatives give the plot, the donor may not pay taxes, only a state duty will be levied on it. According to the law, its amount for individuals is 1200 rubles, and for legal entities - 15 000. If the parties to the contract kinship are not present, the donor is required to pay personal income tax, the amount of which is 13% of the value of the property.
2. This amount is calculated by the taxpayer, taken as the basis for the price of similar property.
3. Property that is donated cannot be included in the estate. After the death of the donor, donation cannot be protested. The owner during his life can dispose of personal property absolutely freely, if you do not take into account cases where the rights of third parties are directly violated (children, spouses, cohabitants). At the same time, it is not a violation of the interests of third parties that children or a spouse may obtain land rights in the future.
4. The ability to transfer parts of the land as a gift. If you conclude a contract of donation of a land plot with a house, then only part of the real estate can act as a gift, but it is much easier to allocate land in its “original form” than, for example, in the form of a finished apartment.

Features of the conclusion of this contract

1. It is impossible to donate a land plot and not to transfer with it the building that is on it, despite the fact that both the land plot and the building belong to the same person (donor).
2. Before you make a deed of gift, you should make sure that there is a certificate of ownership, which meets all the requirements of the law. It often happens that the villagers consider the land to be their own, justifying this by the fact that their ancestors lived on these lands since ancient times. Only then in the cadastral service it turns out that in fact the plot is only being used. The right of ownership must be formalized before donation, as donation of something that does not belong to the donor is prohibited.
3. A gift agreement may not be subject to registration. Not the contract itself is registered, but the direct transfer of rights. This is what distinguishes the land donation agreement from other types of transactions. Cost also plays an important role, since the state duty is paid in a smaller amount and, as indicated above, in some cases the donor may not pay taxes.

Land donation agreement