The purchase and sale of land in the Russian Federation is governed by certain provisions of the civil and land code. The first thing you should know when deciding whether to sell the land is that it must be registered in the manner prescribed by law, that is, you must receive a cadastral passport for it. When passing the cadastral registration, the site acquires strictly defined individual characteristics and a number that allow it to be distinguished from the rest of the earth. So, the first thing that is included in the documents for the sale of a land plot is a cadastral passport. The sale of a cadastral land plot usually does not cause any problems.
How is cadastral registration carried out?
To perform this operation, a special single procedure is provided. Rightholders of the site submit an application, documents of title and documents on land surveying of the site, in person or using the services of intermediaries, specialists in this industry, to the body that maintains the state cadastral registration of real estate. The specialists of this body verify the information and, if everything is in order, a cadastral passport is issued indicating all the characteristics of the site and the buildings that are on it.
Title Documents
A cadastral passport is only the first part of what should be included in the documents for the sale of a land plot. The next paragraph is the title documentation. This can include a wide variety of papers saying that you own this piece of land. The title documents include:
- gift agreement;
- contract of sale;
- annuity contract;
- certificate of inheritance of this land;
- various acts of state bodies confirming the right of possession and use;
- documentation obtained during the privatization of land.
How are such documents presented?
Legal documents for the sale of land in SNT should be submitted at the time of the transaction, their copies are an integral part of the contract. State regulation on this issue is carried out by Art. 17 of the Law “On State Registration of Rights”. Each title document must be valid and comply with the legislation that takes place at the time of conclusion of the contract. It is also necessary to make an extract from the State Cadastral Book, so you definitely convince the buyer that the owner of the site is in front of him.
Sale of land with a house
Documents for the sale of land with a house or any other building are not much different from the usual package. The only thing here is, of course, to provide documents for these structures, to confirm that their construction is legalized, so that the new owner of the site does not doubt that they can be left. The fact is that the construction of a structure or building on a site without coordination with state bodies is illegal, therefore, they can be forced to demolish.
Prepare a technical passport, for this it is necessary to come to the bureau for technical inventory and request specialists who will make all the necessary measurements and draw up all the most important documents for these buildings.
Spouse's consent
If you are married or married and want to sell a piece of land acquired together, you will also have to include the notarized consent of your spouse in the documents for the sale of a land plot in gardening or outside the city. At the same time, if there are buildings on the site, this document should indicate that the spouse is ready for their sale.
Thus, we end up with a list of documents required for the sale of suburban real estate, which will look something like this:
- cadastral passport;
- documents proving ownership of the site;
- extract from the cadastral book;
- documents for buildings located on the site, if any;
- notarized consent of husband or wife.
The main difficulties in collecting documents
Documents for the sale of land - this is the key to your legal security. Try to be careful when collecting them, so that at the stage of transfer of ownership there will be no problems that hinder the successful sale of land.
Be especially careful with documents of title, most often there are problems with them. This is due to the fact that, firstly, there is a lot of trouble with their production, and secondly, sometimes there are cases of errors in design by government bodies.
It is no less difficult to apply for technical documentation for the buildings located on the site. If you have not agreed upon the construction of a garage or even a house, be prepared for the fact that you will have serious difficulties, not only with the sale of land with such buildings, but also with further communication with state authorities.
Tip: if you have friends who understand the topic of sales, do not hesitate to talk with them, and even better - seek help from professionals. Today, many companies offer their services in supporting land sale and purchase transactions, with their participation you will practically not have to do anything, just follow the actions of qualified lawyers.
Another good advice: when transferring money, use an individual cell and do not save time and effort on recounting and checking money for fakes.
In general, how you will collect a package of documents is up to you, the main thing is to remember that everything is not so simple. Watch your actions and the actions of the buyer or seller, so as not to fall into the trap set specifically for you. In modern realities in the real estate market, you cannot trust the first (and not only the first) counter.