You will need
- - passport;
- - certificate of ownership;
- - extract from the cadastral passport of the land plot;
- - copy of cadastral plan;
- - agreement of purchase and sale;
- - the act of receiving the transfer;
- - notarized permission from all owners for the alienation of land;
- - payment of state duty for registration.
To make the transaction of purchase and sale, the seller of land should be its owner and to have on hand a list of the documents necessary for registration of ownership rights to buyers. The area should have a cadastral number cadastral passport, cadastral map and an extract from these documents, and to have delimited boundaries, the act of agreeing with neighbors on the boundary. The buyer of land shall have only the identity documents. That is, all obligations on registration of documents for the site and preparing them for sale is on the seller.
For processing the transaction of sale and purchase take the extract from the cadastral passport, copy of cadastral plan, you will also need a certificate of title to land. According to article 244 of the civil code, if the land is owned by several persons, you will need notarized permission to sell from all the owners. If the site is designed by one of the spouses and the marriage is registered, then the other spouse will need a notarized authorization of the sale of land as matrimonial property is shared, regardless of to whom it is issued (article 256 of the civil code and 34 SK the Russian Federation). If the spouses have a marriage contract indicating the percentage of each or the land was acquired before the marriage or became the property by inheritance, the property is the sole property of the spouse named in the certificate of ownership. In this case, the notarial consent is not required.
Next comes the preparation of the contract of purchase and sale. This document is governed by articles 549-558 of the civil code and may be concluded in simple written form, with all the requirements of the law at the time of the transaction or the notary. The signed agreement is not a document indicating that the transaction is concluded. The transaction is considered complete and only concluded after the state registration of ownership rights to the buyer (article 164 of the civil code, 433 of the civil code, 122-F3 of the Federal law).
The transaction does not register, if the documents will not be attached to the act of reception-transmission. This document specifies all the terms of the sale, the exact location of the plot of land belonging, that is, to what kind of land belongs sold property, the exact dimensions and instructions of the seller that the land has no encumbrances and all liabilities of alienable property executed. Also, the seller himself says that if you find the debt, the rights of third parties, encumbrance, it undertakes to settle the conflict. The document is sealed by the signatures of the seller and the buyer. Transaction is registered in the Federal registration centre, the buyer receives a certificate of ownership in his name.
Advice 2: How to make a contract of sale of land
The contract of purchase and sale of land is one of the most important documents required for submission to the Federal Office of the state registration centre for registration of ownership rights to the buyer. The contract must meet all the legal acts which operate in the Russian Federation on the date of its signing and is signed by both parties.
You will need
- - passport of the seller, buyer and witnesses;
- - documents for the land plot;
- - handle.
Before signing a contract, check all available documents from the seller. Necessary documents are: passport of the seller, a certificate of ownership on the land, an extract from the cadastral passport and the copy of the cadastral plan, a notarized authorization from all co-owners if the certificate of ownership are multiple owners. If the site sells a notary Trustee of the owner, check the authenticity of the proxy, turning to the notary at the place of its registration.
A contract for the sale of land in writing with notarized or not. You can also entrust the execution of the contract the notary who is familiar with the laws in effect at the time of drafting and signing of the document will take into account all the items required in the contract.
If you do not want to use the services of a notary, because they are only on a fee basis, then consider yourself all the laws that the contract was valid and was not challenged in the future. An incorrectly signed contract is legally invalid, and void (article 421 of the civil code).
To the contract in writing you can take two clean sheets of paper. At the beginning of the contract fill in all your details and those of the seller. Write what made this contract. In this case we are talking about the land, it is therefore necessary to specify that "the Seller sold and the buyer bought a plot of land, category of lands of settlements with permitted use for individual housing construction". You can enter the category of land and the permitted use to which it belongs to be purchased or sold land (article 292, 558 of the civil code).
Describe in detail the location of the site, district, region or province of its location, the conditions of the deal (article 432, 554 of the civil code). The transaction terms can include the price (article 317 of GK of the Russian Federation), payment methods and other items that you will want to give. Make sure you add a paragraph on the area of the land plot (article 555 of the civil code).
Place the number, year and month of the contract, signature of seller, buyer and witnesses on the part of the seller and the buyer.