What does the law mean by alienation of land? Land transactions are a frequent occurrence, regardless of the crisis. And always questions arise with the order of execution of transactions, so that there is no doubt about their legality.
Normative regulation
Requirements for transactions and the procedure for their implementation are prescribed in the Civil Code and the LC. The first defines the general terms of transactions, the second - the features of their transactions with the land.
Standing alone is the law on agricultural land circulation. It describes the procedure for operations with land allotted for agriculture.
The law on registration of real estate rights is technical in nature and regulates the process of rights to real estate. According to the provisions of the Civil Code, ownership arises from the moment of registration of rights after signing the contract.
A significant part of the judicial practice is devoted to the alienation of lands. In particular, during the existence of the EAC, recommendations were issued to the courts on the application of the provisions of the land and civil codes, examining disputes about the legality of transactions.
In addition, a whole range of by-laws issued pursuant to laws has been adopted. One way or another, they relate to the transaction process.
What is meant by alienation
Alienation of land is the transfer of ownership of them through transactions. They are concluded between citizens and legal entities on a voluntary basis. The law prescribes cases of forced transactions through the courts. They are considered rather an exception, because no one abolished the freedom to conclude a contract.
An example is the redemption of land for public needs, it must be said that the procedure has been constantly changing for several years and not in favor of citizens.
If we take typical situations, the alienation of the land includes an agreement of donation, sale, exchange. The court ransom was said above.
Lease, transfer to use are not considered alienation transactions, because only one person remains the full owner.
Private ownership
The Land Code states that all lands that are not owned by anyone are state owned. And they can be acquired in two ways:
- buy with the implementation of certain features related to transactions with state property;
- privatize or obtain ownership free of charge.
For example, a tenant who fulfills the terms of a contract has the right to apply for a right of ownership, unless otherwise provided by law.
The alienation of lands owned by state or municipal property has become the prerogative of the state, because owners are sources of replenishment of the treasury due to property tax.
Confiscation
Its result is the alienation of land in favor of the state. If the property was acquired as part of an illegal activity or the transaction was deemed vicious, the acquisition is not recognized as legal. If this happens in connection with the commission of a crime, confiscation is carried out in accordance with the norms of the Criminal Code.
Land legislation provides for the alienation of a plot of land in violation of the rules for their use or the plot is abandoned. These provisions have common sense, but in the absence of proper protection of property rights and neglect of the law by officials, they do more harm.
Alienation Terms
What do you pay attention to when evaluating a transaction?
- It should be exclusively voluntary, without fraud or pressure on the parties to the agreement.
- Contracts are concluded for plots that have been registered with the cadastral register and register ownership in the register of real estate rights.
- The transaction is concluded directly by the owner or his representative, acting on the basis of a power of attorney.
- Alienation of the land is not allowed if it is reserved for nature reserves and other important objects (of defense significance, they have life support facilities - for example, energy).
- Only citizens are entitled to claim ownership.
- Only the organizations or entrepreneurs working in the field on a professional basis are entitled to apply for land allotted for agriculture.
General procedure for alienation of land
The parties develop an agreement in which they determine the conditions for the transfer of ownership. The document must comply with the actual intentions and actions of the parties, otherwise it may be recognized as illegal, and the participants in the transaction will return to their original position.
The absence of essential conditions will lead to the fact that, from the point of view of the contract, it has no legal force and does not entail legal consequences, which means that the parties will return to their original position.
Part of the contract or its annex is the act of transferring the site and technical documentation drawn up for it. Some lawyers prescribe a clause that the fact of signing confirms the transfer of the object.
If an object of capital construction is located on the land plot, then alienation is carried out in parallel. It is more convenient to write one contract. And in the LC laid the principle of the unity of the fate of the land and the real estate located on it.
State sale conditions
Authorities submit an announcement about tendering on the website and in the media publishing official information.
Those who want to buy the site submit a list of documents in accordance with the requirements for tendering. A feature is the provision of collateral, losers receive it back.
Bidding is carried out either in the form of an auction (who will offer a higher price), or by making a decision by the commission whose proposal is more profitable. Auction is not provided.
The person who won the bidding shall be given time to conclude the contract. The proposed project is compiled on the basis of the standard form. It is difficult for the buyer to change something in it, and subject to a violation of the essential conditions.
If the winner refuses to sign the contract on the proposed terms, then the amount transferred as collateral remains in the budget.
How to sell agricultural land
The buyer has to comply with several conditions:
- he is not entitled to change the purpose and is obliged to take care of the fertility of the site and maintaining the ecological balance;
- the contract may provide for the right to repurchase within the agreed period.
Alienation of agricultural land has many features. The main one is the obligation to inform the municipality or other authority, depending on the configuration of government structures in the region.
If the answer is no or within 30 days it was not given, then the seller is free from obligations to the authorities.
Sale of land to a third party is possible only on the terms previously proposed to the municipality.
If the alienation of agricultural land occurred in violation of the rule described above, the authority may, within a year after the conclusion of the contract, demand a transfer of rights to itself in court. The first buyer is returned the amount of money received by him earlier.
List of documents
Legislation requires a standard list of securities to conclude a transaction:
- passports of participants in the transaction;
- documents of ownership of the land;
- technical documentation (papers drawn up during cadastral works);
- appraiser report on the value of the site;
- certificate from BTI about the absence of real estate on the site;
- if the seller has a spouse or spouse, the law requires the consent of the transaction drawn up by a notary public.
Real estate rights obtained earlier than 1997 before the introduction of the modern registration procedure are subject to re-registration. Their entry in the register occurs simultaneously with the registration of the transaction for alienation.
Rosreestr employees will ask for initial documents on the right to property.
The registration law describes a list of documents that are provided in such situations.
The consequences of Chernobyl
The disaster also affected the Russian Federation. Part of its territory was infected. What are the lands of alienation? It is impossible to settle in the exclusion zone; any economic activity is actually frozen there. The use of natural resources in that area is limited or prohibited. In Russia, 4 villages located in the Bryansk region are included in the exclusion zone.
Citizens who lived there before the disaster were evicted, they were provided with housing and a place to work. At the same time, they are now entitled to a number of benefits.
Finally
The problem of land alienation is what norms and how to apply. As a general rule, an agreement is signed, then the transfer of rights is registered and the buyer or donee becomes the full owner.
Agricultural land is sold according to slightly different rules aimed at maintaining their status.
The acquisition of land from the state is practiced by special procedures. In particular, tenders or auctions are held, their participants provide security. He will be returned to the losers, but not to the winner if he refuses or evades the conclusion of the transaction.
At the same time, the state takes away land purchased with illegally obtained funds, by deception or used with violations.