It is not enough to buy a plot of land or accept it as a gift; it is important to register it correctly with state and municipal authorities. To do this, a list of accompanying documentation is collected and submitted to the appropriate authority, where the entries in the register are changed.
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.
It's fast and free! If you don’t have time for bureaucratic red tape, the ideal option is to use the services of a representative. The person in charge will undertake all the work in exchange for the authority given.
The principal retains the right to terminate the agreement reached unilaterally. However, the law obliges the owner to notify the representative of the decision made.
Today we will talk about what a power of attorney is for registering ownership of a plot of land. In the process of narration, we will consider the characteristic features of the procedure, possible difficulties, and subtleties of design.
For what purposes is it required?
A power of attorney is required for all transactions with land real estate that are carried out not by the owner of the plot, but by his representative or attorney. According to Article 182 of the Civil Code of the Russian Federation, this right is granted freely to all legally capable citizens. And the norms of Article 183 of the Civil Code of the Russian Federation and Law No. 218-FZ state that without a properly executed document on the transfer of powers, all property and other civil procedures are considered illegal, since they are carried out by an improper person.
Accordingly, the intended purpose of the document is to represent the interests of the owner of a land plot (LP) before institutions and authorities in which it is planned to conduct one or another civil procedure. For example:
- property transaction;
- registration in Rosreestr;
- registration of cadastral works;
- receipt (delivery) of documents for land ownership;
- registration of land in the local executive committee, etc.
IMPORTANT: An exception is the transfer of land by will, where representation is not provided and the owner must be present in person.
Briefly about the main thing
A power of attorney for registration of a land plot is a unified document granting declared powers to a third party. An individual or legal entity undertakes to act in the interests of the principal and not to overstep the boundaries of existing rights.
A land plot is a territory outlined on a map, the owner of which may be state or municipal institutions or private individuals. Each object of legal relations has distinctive features, the list of which is fixed at the level of government initiatives.
What documents are needed for the purchase and sale of land you will learn in this video:
Current legislation identifies several unique characteristics of a plot of land:
- area or length of the land plot;
- terrain features, geographic location;
- cadastral number – a unique sequence to identify an object in the general register;
- categories of persons who can become the owner of the site;
- cadastral value – assessment of the value of land, its conversion into monetary value.
This is not a complete list, but it also makes it clear the uniqueness of such an object of law as a land plot.
It is important to know! Government initiatives have established the procedure for transferring land ownership. Actions that contradict the established provisions are classified as illegal.
Types of document
The document can be drawn up in various forms corresponding to Article 185 of the Civil Code of the Russian Federation . Of these, the following are distinguished:
- general or general;
- special;
- one-time
Each form has its own advantages and disadvantages if you choose it wrong. For example, general powers of attorney provide virtually unlimited possibilities. This is convenient because the representative will be able to show maximum activity, acting most effectively, based on his experience and competencies. He will not have to constantly contact the owner or issue an additional one-time power of attorney if force majeure occurs.
But in the hands of fraudsters, such a power of attorney will become a tool that will allow them to commit any dishonest action to the detriment of the owner of the site.
ATTENTION: To minimize the risk of illegal sale of a plot, you can add the wording “without the right to sell” to the title of the document.
Special powers of attorney are the most common. They do not carry any risk, since all actions are described in detail and clearly. It is unacceptable to carry out other procedures under this document. But in cases requiring additional actions that could not be foreseen when drawing up the document, a new power of attorney will need to be drawn up, or the owner of the land plot will have to carry them out himself.
One-time powers of attorney are issued to perform one simple action in one institution. They are convenient when the entire procedure consists of one step. They are also used as additional annexes to special powers of attorney, which did not provide for certain powers and instructions, within the framework of the specified civil procedure.
What are the risks of transactions with a power of attorney?
A power of attorney to formalize any procedures related to a private home, as well as to conclude transactions with it, carries certain risks, both for the owner of the property and for buyers and tenants. It’s easy to find an example of unpleasant situations for a buyer:
- Concluding a transaction under a power of attorney that has been revoked (Article 188 of the Civil Code of the Russian Federation);
- The death of the principal selling the house, which the representative may remain silent about (you will have to deal with heirs and court proceedings);
- Recognition of the owner as incompetent or partially incompetent (the same Article 188 in the Civil Code);
- Recognition of the owner as missing (accordingly, he is not considered to have not received the funds from the transaction, which means the transaction is canceled, regardless of its notarization and the written form of all agreements).
For the owner, that is, the seller, not everything is so rosy either. Even if the representative has firm confidence and there is no trick on this side, finding a buyer can be very difficult. Quite often it is necessary to significantly reduce the cost before the power of attorney expires, especially when it is not possible to issue a new one soon. In any case, what to do in such cases depends entirely on the owner, his capabilities and personal wishes.
Content
The trust documentation transferring authority to take appropriate actions with the site must indicate the following:
- The name of the document, place and date when it was compiled.
- Information about the principal and attorney, including passport data: series, number, place of issue and registration.
- Cadastral characteristics of the site and its other parameters. Indication of ownership.
- Institutions in which the fiduciary action will be performed - it can be single, or consist of a list of authorities and organizations.
- The purpose of transferring a power of attorney is an order that is executed by an attorney, consisting of a single procedure or a list of several legal actions.
If necessary, the validity period of the power of attorney and the right of the attorney to transfer powers to third parties are indicated. An authentication record is made.
REFERENCE: All operations with land by power of attorney are allowed only with its notarization.
You will find more information about mandatory and additional requirements for the content of a power of attorney in this article.
Registration stage
To directly issue a general power of attorney for a house, the personal presence of the principal, that is, the owner of the property, at the notary is required. In this case, the authorized person may not be present. The notary will only require the personal passports of the principal and the authorized representative (other identification documents are not accepted), as well as papers confirming ownership of the real estate referred to in the power of attorney. There is no need to have any other documents with you.
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →
It's fast and free!
Or call us by phone (24/7):
If you want to find out how to solve your particular problem, call us by phone. It's fast and free!
+7 Moscow,
Moscow region
+7 Saint Petersburg,
Leningrad region
+7 Regions
(toll-free call for all regions of Russia)
Despite the fact that each notary has a standard form of power of attorney, it is important for the home owner to clearly formulate the purpose of this document in his specific case, to think in advance exactly what rights he transfers to his representative and for how long . The description of each action must be detailed, leaving no room for free perception and ambiguous interpretation. For example, you can indicate that the owner of the property instructs another person to prepare and collect the required certificates and other papers, sign an agreement, receive the collateral value, etc. When it comes to selling a country house, it is important that the amounts indicated are how much the property is worth.
In addition, if a private house belongs to several persons at the same time, that is, it is in co-ownership (namely co-ownership, not shared ownership), these citizens must be indicated in the text of the power of attorney.
Step-by-step instructions for compiling
The document, regardless of the specifics of the transferred powers, always consists of the following blocks:
- "a cap";
- introductory part;
- main part;
- conclusion;
- ID.
In the “header” they always indicate the name of the document, in words – the date of preparation and the place of preparation, which is the locality. The introductory part for all forms and types of power of attorney does not differ significantly. It consists of the following information:
- Information about the principal: “I am Svetlana Ivanovna Rozhkova,” after which the year of birth and passport data with registration address are entered.
- Information about the attorney: “I authorize Georgy Stanislavovich Romanov with this power of attorney,” with the entry of similar data.
The main part expresses the specifics of the document, which determines the type of order and the actions that are included in it. Therefore, this part will be different in different situations.
In order to register the land
Registration usually means the registration procedure in Rosreestr , with preliminary actions in the administration of the locality, or in a real estate (legal) firm. In this case, the principal is not yet the owner of the plot, so the source of the potential emergence of the right to land plot must be indicated.
For example: “to be my representative in the land department of the Central Executive Committee of the city of Novokuznetsk, Kemerovo Region, to register the land plot assigned to me as a mother of many children with the right to choose the location and location of the plot, submit and sign petitions and applications, prepare the required documentation, including Rosreestr of the city of Novokuznetsk, where on my behalf to submit and sign an application, submit it against receipt and receive the required documentation for land property registered in my name.”
For redistribution
In this case, the procedure involves several areas that cease their legal capacity or arise after the procedure. Particular attention should be paid to this fact in the document.
For example: “to represent my interests in the registration of the redistribution of a plot belonging to me, located in the dacha settlement “Gazovik” from among agricultural lands, with a total area of 14 acres, by allocating two equal plots from it, with a total area of 7 acres, acting on my behalf in board of SNT "Gazovik", in the geodetic department, in the MFC or a branch of Rosreestr, with the right to make statements and vote at the general meeting of owners, receive voting minutes and an extract from the decision of the general meeting, submit documentation for cadastral work on dividing the plot, be present in person during geodetic work, receive from the cadastral engineer an act of redistribution of the boundaries of land plots, an act of transfer of boundary marks, with the right to transfer the received documentation for registration of both newly emerged land plots in my name, etc.”
For management
In this case, a general or general power of attorney is drawn up, with the transfer of all powers that are a priority for the principal or seem effective to the authorized person.
The wording here is usually used as general as possible: “to be my representative on all issues relating to the lands in my ownership located in the Belgorod region, speaking on my behalf in all municipal and tax authorities, in the MFC and the Rosreestr branch throughout the Belgorod region from my name, signing all required documents and declarations, with the right to sell and purchase agricultural land and their registration in Rosreestr, in my name, acting exclusively in my interests, with the right to transfer land plots for rent for conducting agricultural business, signing property transaction agreements and receipt of funds for the transaction and for rent." The validity period not exceeding 3 years and the right of subrogation must be indicated here.
For privatization
Here it is appropriate to draw up both a special power of attorney, if one plot is being drawn up, and a general power of attorney, if there are several of them.
The form of the right to own a land plot that allows privatization must be indicated : “to represent my interests in the administration of the Isilkul district executive committee of the Omsk region, in the MFC and the branch of Rosreestr in Omsk on all issues related to the privatization of a land plot, which I own on lease from the administration of the village of Isilkul for ten years, with the right to collect, submit and receive all required documentation, with the right to sign applications and petitions on my behalf, including for registering ownership of a land plot, etc.”
IMPORTANT: If the process of exercising powers involves litigation, it is advisable to immediately draw up a general power of attorney, including the right to speak in court.
For registration
This procedure can be completed with a simple one-time power of attorney, which will remain at the MFC after submitting documents for registration. For example: “submit for registration of ownership rights to the branch of Rosreestr in Makhachkala a purchase and sale agreement for a land plot with a total area of 8 acres from among the lands of settlements.”
Next, the main parameters of the land plot are entered that correspond to the characteristics specified in the contract, including the cadastral and postal address. After submission, such a power of attorney will remain with the registrar, and you can receive documentation after registration using a receipt received from Rosreestr (MFC) .
For cutting
Such a document will be submitted: to the geodetic company for drawing out the boundaries in nature, to the administration - to apply for an increase in the site, and to the MFC to register new information about the land plot. Accordingly, these institutions must be included in the list. If necessary, also enter:
- sanitary-epidemiological service;
- fire safety supervision service;
- Committee on Architecture and Urban Planning.
The list of required actions may include: “to formalize the procedure for increasing the plot of land owned by me, located on Udarnikov Street, building No. 34, related to the lands of settlements, with an established area of 4 acres, at the expense of adjacent unmanaged lands on the right side of my plot, carry out all the required procedures included in this action with the right to act on my behalf, sign petitions and statements, submit and receive certificates and acts from the specified authorized Services and departments, with the right to submit an application for registration to make changes to the State Real Estate Cadastre and with the right to make a set payment for increasing the site.”
Types of power of attorney and powers of representative
The individual characteristics of the current situation require appropriate actions and rights transferred to the responsible person. Depending on the “front” of work, there are several types of unified document:
- A one-time power of attorney is concluded to perform a one-time operation, upon completion of which the legal relationship between the parties is terminated.
- Special - a one-sided transaction has a long duration, which is associated with the need to perform monotonous actions over a long period of time.
- General – transfers maximum powers to the trusted party. It is used to comprehensively solve a problem, assigning rights and responsibilities to the selected representative.
It is important to know! If legal actions do not involve making changes to state registers, contacting a notary is advisory in nature. Otherwise, you cannot do without assurance.
The completeness of the transferred rights is described in the text of the power of attorney, and their number depends on the specifics of the current situation. So, there are several types of powers:
- general – require standard wording when listing the rights and obligations of the responsible person. Used to describe the capabilities of a trusted party that do not have an increased degree of danger;
- special - require literal consolidation and clear formulation of transferred powers. The absence of one of the clauses in the agreement deprives the representative of the right to use the tools in question.
It is important to know! According to current legislation, the trusted party has the right to refuse the transferred rights and obligations. The principal has the right to liquidate the document unilaterally (with mandatory notification of the representative).
Duration and cost
The validity period of the power of attorney depends on the agreement of the parties. However, there are several features of calculating the actual date of loss of legal force:
- the law provides for a maximum duration of validity of three calendar years;
- the power of attorney must indicate the date of entry into force and termination of legal relations between the parties;
- if one is not specified, the document loses legal force after the expiration of the calendar year;
- By agreement of the parties, the validity period may be adjusted.
Sample power of attorney for registration of ownership of a house and land.
The cost of the proposed services varies depending on the presence/absence of the following factors:
- classification of legal relations and list of transferred rights;
- State duty is a fixed amount of 200 rubles.
Taking into account the average indicators presented above, the following expense item is formed:
- Registration of a one-time power of attorney will cost 600 rubles.
- A special agreement will require up to 1,500 rubles.
- The transfer of maximum powers is accompanied by a loss of at least 2,000 rubles.
It is important to know! The above figures do not take into account the costs that lie in wait for privatization at the stage of inheritance. For a better assessment of material expenses, contact the MFC.
Identification methods
If the document is not executed in a notary’s office, then you should not sign at the end of the text. The principal must sign it personally, in the presence of a notary, presenting his civil passport and the original or a notarized copy of the attorney’s passport. Having verified the compiler’s authority, the notary makes a certification record and collects a state fee in the amount of 1 thousand rubles , which is also indicated in the document.
A certain category of persons who are permanently staying in medical, rehabilitation and social centers, in places of deprivation of liberty, or in places where military units are deployed, have the right to certify a document at the place of stay.
