How to check documents when purchasing a plot of land?

24.4.2017
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Almost every second plot of land put up for sale in the Sverdlovsk region has problems from the point of view of the law: a dark past, incorrectly executed documents, lack of officially drawn boundaries. The vast majority of problems can be caught during the legal analysis of the planned transaction. At the same time, the analysis should affect not only papers.

The transaction of buying and selling a plot of land is very different from a transaction with residential real estate. There are many more nuances with land, especially with regard to the non-paper part of the transaction. Before concluding an agreement to purchase a plot of land, you should get answers to at least four questions: is everything clear with the ownership rights to the plot, is it possible to build full-fledged housing on it, are its boundaries officially fixed and how realistic is it to reach your new possessions with the benefits of civilization - road, electricity, water, etc.

Lawyers and realtors specializing in this type of real estate actively use the methods of detectives and investigators - they collect documents and testimony from various sources and carefully compare the data, trying to find discrepancies. The buyer of the plot can also successfully apply this method.

What to look for when buying a plot of land

Land plots can be registered as ownership or lease. In relation to owned lands, the parties to the purchase and sale transaction simply contact the Rosreestr authorities to register the transfer of rights to this object, after which the buyer becomes its legal owner. Thus, compared to leased areas, the risks of difficulties are significantly reduced.

If the land is leased, then it is usually enough to erect some kind of building on its territory and re-register this plot as ownership. There are many different ways to do this, for example, some pour the foundation and register unfinished construction, after which they carry out the procedure for re-registering the land as ownership.

In relation to leased land, it is important to carefully read the text of the relevant agreement - pay attention to the terms of its validity, the established monthly payments, and observe the specified points in order to avoid the emergence of reasons for terminating the agreement.

Sometimes it happens that a citizen who has received land on lease begins construction on this territory, without fulfilling the contractual conditions. For this reason, the contract concluded with him is not renewed, which leads to the loss of not only the plot, but also the building that the person began to build or has already built. Therefore, in such circumstances, be extremely careful and always comply with the specified points, as well as fulfill all the conditions reflected in the contract.

Land plots are characterized by various categories, which are prescribed in the text of the certificate of ownership or in an extract from the Unified State Register of Real Estate (you can find out how to obtain an extract from the Unified State Register of Real Estate by following the link), which currently replaces the specified certificate and contains information about the owner of the real estate. Thus, you can find out the category of a particular site using the specified papers.

Land categories are as follows:

agricultural land;
lands of populated areas;
areas classified as forest fund;
areas for industry and production;
other options.

For the construction of a residential property, of course, a plot classified as a populated area is suitable, as well as certain types of agricultural land. Other areas are allocated for other purposes, so it is not recommended to start construction in areas not intended for the construction of a household, as this may lead to the fact that the house will subsequently have to be demolished.

Please note that within each category of land there is also a type of permitted use.

For example, agricultural land may be intended for:

country house construction;
gardening;
gardening;
LPH;
hayfields and arable land;
other purposes.

Not every plot of land can accommodate the construction of residential real estate. This issue is regulated by federal legislation. As for lands, the type of permitted use of which relates to dacha construction, private plots, gardening, it is possible to build permanent housing on them, where you can subsequently register. (How to choose the type of permitted use, read the link)

The lands are not intended for haymaking, pastures, gardening, or for the construction of residential buildings. If the site is classified as agricultural land, it is not recommended to build a residential building on it. On the territory of such lands, only in some cases is it possible to erect non-permanent buildings in which registration and communications are impossible.

An important issue is establishing the boundaries of a land plot, because it often happens that, for example, a land seller indicates some boundaries of an object, but in fact they turn out to be different. The procedure for establishing boundaries is carried out by specialists who, using satellites, establish the corresponding points, when connected, this area is formed.

It is recommended to carry out such events, because their cost is not very high, and establishing boundaries will cost about 5,000 rubles. However, in the end, you will be able to avoid many possible problems in the future.

Be sure to find out information about the owner of the land plot. This can be done by contacting the Rosreestr authorities. Indicate the cadastral number, write an application, and receive information about any land plot or home ownership. Such a certificate will cost from 250 to 500 rubles, the time for its production is from one to four days. How to find out the owner of a land plot, read the step-by-step instructions.

In addition, if you have information regarding the cadastral number of the property, you can refer to the public cadastral map posted on the Rosreestr website. If such information is unknown, try using a manual search, but this procedure is more complicated.

Thus, knowing the cadastral number, you can find out whether a particular land plot is registered in the cadastral register, what type of permitted use it has, and many other data, in addition to personal information about the owner. Therefore, if you need to find out the owner’s information, contact the Rosreestr authorities.

If all of the above actions are followed, the likelihood of acquiring a plot of land with minimal risks will increase significantly.

Study of the property and the area next to it

Try to study all aspects not only regarding the land. Pay attention to the surrounding area, the improvement of the village, the condition of the roads, the presence of transport infrastructure, distance from populated areas, social factors, etc. Being impressed by the purchase, many buyers take rash steps and get land at their disposal, which can then bring unpleasant consequences. surprises.

To identify certain risks that are not directly related to documents, make inquiries from local residents or read reviews on the Internet. You can carefully find out from the seller the reason for selling the land. Go deeper into the nuances, especially if the price of the plot is below the average market price.

On the territory of the land plot, when inspecting, carefully study the quality of the land itself. It is possible that the natural features of the site (such as uneven terrain, clay soil, high groundwater levels, etc.) will create problems for housing construction. Groundwater should not lie too high. To do this, just take a closer look at the basements of neighboring houses in the village; the area around them should be dry, without signs of flooding.

An undeniable advantage will be the presence of communications already installed on the site or located nearby. If there are any, check their functionality and condition. You may need repairs that will require additional investment.

How to check a plot of land before purchasing

How can you make sure that the plot you are purchasing is exactly the property that the seller showed you? This question is relevant for everyone who wants to purchase land.

Documents confirming ownership of the land plot.

Read about the documents required to purchase land from the owner here.

For a sample contract for the sale and purchase of a land plot with a residential building, see the link:

The verification procedure takes place in several steps:

First of all, check the title documents. Ownership must be registered with Rosreestr;
Next, find out the category of land and its intended use. Depending on the intended use, there are a number of certain restrictions. For example, permanent structures cannot be erected on lands intended for gardening. And on lands whose intended use is gardening, you can build a dacha, but you will not be able to register there. If the intended use is country house construction, then it is possible to build a country house on the site, in which you can subsequently register. The best option is the lands of settlements intended for individual housing construction. Often there is such a type of intended use as private plots. If the site belongs to the lands of settlements, then construction can be carried out there and registration in the constructed houses can be carried out, but in the case of agricultural lands, serious problems are possible;
then go to the website of the public cadastral map, enter the cadastral number in the appropriate line, after which the system will display the required area. Compare its shape, size and location. If all the information matches, then there will be no problems. However, the site may not always be marked on the public cadastral map. This is due to the fact that until 2007 a different coordinate system was used. Accordingly, areas that were delimited before the specified date will not appear on the map;
At the local registration service department or MFC branch, order an extract for the area you are interested in. Find out who the owner is, whether there are restrictions, encumbrances or seizures on the plot of interest;
If the previous information is not enough, order the removal of the boundaries of the land plot. To do this, a surveyor or cadastral engineer travels and marks the boundaries of the land plot. This procedure will cost approximately 4,000 rubles.

If all the above checks are passed, then the site corresponds to the documents provided. Remember that there are other nuances - the consent of the spouse, notification of municipal authorities, powers of attorney, etc. A specialist will help you understand this issue.

Bureaucratic nuances

Make it a rule - do not work with copies of documents. During negotiations, only the originals should be studied. If the seller refuses to provide them, then such a transaction carries too many risks. Perhaps a person is impersonating someone else, or the property has been seized and the original title documents have been confiscated.

You can purchase land on both the primary and secondary markets. Transactions in the secondary market are more common and risky. To obtain land from the state, you can use several methods:

join the community in the holiday village and get on the waiting list to receive a plot;
take part in government auctions, submitting an application to local authorities;
request the allocation of a personal plot from the same authorities and wait for the application to be approved.

Arm yourself with the information you receive to buy a plot of land safely and profitably. Be attentive and involve assistants in assessing the object. This way, you will be able to avoid mistakes, fraud and subsequent problems.

Don’t be fooled by too favorable conditions and emotions. If the seller insists on urgency and does not let you understand the nuances, they are probably hiding something from you. Be carefull.

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Verification of documents when purchasing a land plot

The main document for the owners of any real estate is a certificate of ownership. In order to verify the legality of a future transaction, simply seeing the specified paper will not be enough. Moreover, they have now stopped issuing certificates of ownership.

Today in our country there is a Unified State Register of Real Estate - this is a register that keeps records of property owners in accordance with the provisions of federal legislation.

This register is open and any person interested in purchasing a land plot has the right to request an extract from the Unified State Register, which is issued both in paper and electronic form.

The algorithm of actions when checking documentation is as follows:

go to the location of the object you are interested in and conduct a visual inspection of the land;
Next, find out from the owner the cadastral number of the land plot. There is a public cadastral map on the Internet, with the help of which, knowing the cadastral number of a land plot, you can find out all the necessary information. If the actual data and information reflected on the public cadastral map coincide, request an extract from the Unified State Register here, pay the state fee, which is 250 rubles, after which the specified extract will be sent to your email within five days;
if there is no information about the land plot you are interested in, request an extract from the state land cadastre reflecting information about the boundaries of this property;
check the legal documentation. These can be various agreements confirming the transfer of ownership of the plot to the seller, certificates of inheritance, etc. It is quite easy to determine whether the document was presented by the seller - it has stamps affixed by the state registrar. The state registration number must match that indicated in the certificate of state registration of the right; the same number can be seen in the extract from the Unified State Register of Real Estate.

Common methods of fraud

The most common cases of fraud involve forgery of documents .
The owner of the plot, for some reason, cannot appear at the meeting, and proxies act on his behalf. They may even have a notarized power of attorney, but in fact it is a fake. With the help of false documents, fraudsters can even sell the same plot several times. To avoid falling for this trick, be sure to meet the owner in person at some stage and make sure of his sanity.
Another type of fraud is an offer to write down a cheaper transaction amount in the contract , allegedly for the purpose of incomplete payment of taxes (more information about the taxation of land purchase and sale can be found here).
After this, the sellers find a reason why the transaction is considered void and return the money. But they do not pay the entire amount, but only what is specified in the contract. You can protect yourself from this scheme by conducting the entire financial transaction through a bank. It is not advisable to transfer money in cash.

So, when buying a plot, you need to come and inspect it in person and check that the documents are completed correctly. In addition, you need to make sure that the transaction is concluded with a person who has the right to own the property, and that other owners will not interfere with the transaction or try to terminate it.

Step-by-step instructions on how to check documents when purchasing a plot of land

When checking documentation for the property you are interested in, follow this sequence:

go to the location of the site and carefully inspect its territory;
ask the land owner to provide the cadastral number of the plot;
using the public cadastral map located on the official website of Rosreestr, clarify the data on the land plot using the cadastral number;
order an extract from the Unified State Register of Real Estate, which will be sent to your email after five working days, this is very important to do because you will be able to find out whether a seizure or some other encumbrance has been imposed on the land plot you are interested in. How to find out whether a land plot has been seized, read the step-by-step instructions;
Ask the seller for a certificate of state registration of rights to the plot and title documentation, compare the data.

If any of the listed documents are missing, or if you find discrepancies in the documentation provided, seek advice from a professional lawyer. This will help you avoid possible problems when completing a purchase and sale transaction.

Secret 4. Won’t they take my land?

Before transacting with a plot, you should study such an aspect as the mental health of the seller of the plot. Typically, realtors advise asking the owner of the property for a certificate stating that he is not registered with a drug and mental health dispensary. Theoretically, this should insure the buyer against recognition of the transaction as invalid in the future due to the deviation of the seller’s psyche. In fact, this precaution does not always work.

Lyudmila Plotnikova
lawyer of the Ural Chamber of Real Estate
In my practice, there was a case when the court invalidated a transaction carried out four years earlier. When registering it, a certificate was received from the mental health clinic stating that the seller was not registered. However, three years later he was diagnosed with Alzheimer's disease. Representatives of the former owner proved in court that at the time of the sale the person was already sick...

Realtors notice that not all property owners agree to collect medical certificates at the request of potential buyers. Often they simply advise looking for another seller with a different property. In such a situation, the buyer can ask the seller to show his driver's license. This document is not issued to mentally ill and drug addicted people.

What documents are needed for a land purchase and sale transaction?

When registering the purchase and sale of a land plot, the seller must provide:

title documents and legal documents. For example, if the alienator inherited this property, accordingly, he must submit for registration a certificate of the right to inheritance and a certificate of state registration of ownership of this land plot;
cadastral passport for land.

Next, a purchase and sale agreement is drawn up, which requires a transfer and acceptance certificate. Both documents are signed by the parties (if they act independently, without involving representatives) directly at the Rosreestr authorities.

Then payments are made (it is recommended to make them at bank branches to avoid receiving counterfeit bills). After the documents have been submitted for registration and all necessary calculations have been made, wait for registration, after which you become the new owner of the land plot.

What questions should you ask the seller?

If a plot with a house has been chosen, it makes sense to ask how it was built and whether a building permit was obtained.

Otherwise, these issues may emerge later, for example, when trying to legally register these buildings or during litigation with neighbors on some other issue. Not only was the cost of these structures paid when purchasing the site, but they will also have to be demolished by court order.

The purchase price is another point that requires clarification. What exactly does it include? If the price is too low for the area, this should raise red flags. Maybe the utilities are not connected, and you will have to do everything from scratch for some money. Are there hazardous industries or other health hazards nearby? Perhaps the area of residence is unfavorable, and the homeowner is trying to leave this place as soon as possible.

Note! Real estate can be sold in parts into common ownership. This can cause difficulties later, since some important decisions will have to be made jointly with neighbors.

You need to find out what exactly is being sold: a separate plot or one share of a larger plot.

Owning a share of real estate means that you will not be able to sell it at any time at will. The owner is obliged to obtain the consent of neighbors by notifying them in writing about putting his plot up for sale. It is also impossible to register residents on your territory without the permission of the other owners.

Tips for purchasing land

Before purchasing a plot of land, take the following steps:

Call a surveyor to take measurements of this plot of land. The purpose of such a visit is to verify whether the area of the land plot really corresponds to the area indicated in the document and the actual area occupied by this object. The second purpose of this exercise is to ensure that the boundaries of the land of interest correspond to the actual fence established. This is necessary due to the fact that in practice there is often a discrepancy between the actual establishment of the fence and the documented cadastral boundary;
Before purchasing a plot of land, be sure to order an extract from the Unified State Register of Real Estate. This can be done at the Rosreestr authorities. The state fee for issuing it will be 250 rubles; it can be paid directly at Rosreestr or a multifunctional center. Having received this extract, you will be able to see that this land plot is indeed not encumbered and has no restrictions.

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