Legal support for land transactions

Category: Lawyers
Type of service: Land case (support land transactions, land disputes)
Author: Irina  Scheglova V. -  lawyer and partner Bureau "Scheglov and Partners", the curator of "Land law" - legal practice.

Land…land…. about land… with land…..

In the mass of transactions with real estate – the land transactions has a special place.
First, in distinction from other real estate (apartments, houses, buildings, structures), which deals with regulated mainly by the Civil Code and the Law "On state registration of real estate rights and transactions" from 21.07.1997 № 122 FZ, deals with land governed by a whole set of regulations. These acts include, first of all, the Land Code of the Russian Federation and the Federal Law "On the transfer of agricultural land." However, this is not a complete list of the regulations, which should address jurists and attorneys accompanying land transactions in the interests of proper protection of the rights of their clients.
 Secondly, it is due to other, more global factor. We have repeat, and we repeat again - a land- is a "product" that is no longer produced. Precisely because of the limitations of this resource, it is of particular importance for individuals: individuals and organizations, and for the state. Moreover recently for our country land was the main means of production. Hence the importance of the state and the increased attention to land use and management of their civilian traffic.
 Thus to understand all the intricacies of the standards, restrictions, prohibitions require specialized legal knowledge in the field of land legislation. Only properly written contract of sale and registered at Rosreestr passing of property does not guarantee your carefree ownership of land acquisition.

Children's surprise effect.

You have to understand that frivolous approach to commit the "land" transaction may give rise to future unpleasant kind of surprises. For example, in the form of a possible lawsuit from neighbors who suddenly find that the boundaries of your land plot crosses the boundaries of their land. Either in the form of unexpected notice from the official organ of that part of your site is in a conservation area or territory protection of monuments. Either you are in the time of the sale of your site suddenly find that the data on the land specified in the certificate of title does not match the data contained in the State Real Estate Cadastre.

Miser pays twice.

  Bureau lawyers often met in practice such cases. So, in August 2013 lawyers from  Bureau "Scheglov and Partners" was engaged in a resolution of complex legal situation arising from the principal after the completion of construction of a house on the land which acquired from the management company of one of cottage villages near Moscow. Decided after a while to sell their new home, the owner could not do it, because it turned out that the cadastral number of the land on which his house stands, does not match the cadastral plot number that is listed in the certificate of ownership of the seller. It turned out - the house is built on another site ... How to set a law investigation, confusion arose at the stage of registration of the contract of sale of land. The buyer rely on the seller, and the seller was negligent in the design of the transaction: the document stated one, and actually granted transfers to another site. And only a few years later, at the time of sale of the house, cadastral engineer when placing buildings found a discrepancy.
  Professionals can only guess about what risks entailed fix this error in a matter of urgency. If a buyer would has already a lawyer at the stage of first purchase and sale transaction of land - an expert in the field of land relations - such incidents would’t  happened.

Every man for himself.

Therefore each  buyers of land  and its seller must take care that the transaction accompanied by his lawyer, the one which he found himself, and whose services he paid. Only a naive person (or very greedy) may believe that its interests as a buyer or seller will protect the lawyer opposing party. Lawyer or attorney will and shall protect the interests of the party that paid for his services.
 Do not do a mistakes  and don’t follow a realtor who will convince you that you do not need a lawyer, because they have the agency has a lawyer, and he will take your free deal. You must clearly understand that the agency lawyer defends the interests of his agency, which receives a percentage from the transaction and who are interested, so that the subject, in that whatever was sold. Remember that agent or agency do not legally carry any responsibility for the negative consequences of the transaction.

What can do a land lawyer.

Bureau’s attorneys specialize in land legislation, in practice, since its establishment in the Russian Federation, know all the nuances of the transaction with land.
 In an approximate list of legal services in support of land transactions, including commercial real estate, including relating to major transactions include:

•    verification of the information about the land owner, such as confirmation of his ownership of real property;

•    full legal investigation of the immovable property (category and type of permitted land use, opportunity, if necessary, transfer of land from one category to another and / or change the permitted use);

•    establishment of registered real rights and burdens of ownership of the s / y (basic and additional burdens, such for example as the location in the protective zone of protected area or territory protection of monuments of architecture, the presence of a road easement, additional obligations of the owner ...)

•    acquisition and analysis of detailed planning in graphical form (zoning, safety area, the analysis of historical buildings, etc.);

•    check layout of the land and the possibility of building (the availability of permits / restrictions on the possibility of construction / reconstruction on the land, the confirmation void identified permissions / restrictions at the time of the transaction and their duration);

•    as well as the full support of the choice of the optimal form of the transaction (in the interests of the parties, including in respect  tax optimization) to the registration of property rights in Rosreestr;

•    decrease (challenging in court) overestimated the cadastral value to its estimated (market) price (reduction of the land tax, the reduction of rent for the land) ...

Legal advice on land transactions support, please contact the Senior Managing Partner Law Office of Moscow "SHCHEGLOV and Partners" Sheglov Yury on tel .: +7 (495) 748-00-32 or by email>>>

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Некоммерческое партнёрство Адвокатское бюро "Щеглов и Партнеры".

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