How to correctly draw up a land donation agreement

Procedure for allocating a land share

The formation of a land plot on account of a share for its subsequent alienation is carried out in accordance with the provisions and procedure established by Art. 13 Federal Law No. 101 dated July 24, 2002.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

It should be understood that we are talking about the formation of a new land plot by allocating into private ownership an area commensurate with the share in the ownership of the common land plot.

Let's consider the procedure for allocating a share of a land plot step by step:

1. Thus, the allocation of a share begins with contacting a cadastral engineer and ordering a land surveying project from him (Clause 4, Article 13 of Federal Law No. 101 of July 24, 2002).
2. When preparing a project, the cadastral engineer provides other co-owners of the land plot with the opportunity to familiarize themselves with it and submit objections and proposals for its revision. The period for familiarization with it cannot be less than 30 days before the approval of the specified project (clause 6, article 13.1 of Federal Law No. 101).
3. Notification of the co-owners of the plot about the possibility, place and procedure for familiarizing themselves with the land surveying project is published in the local media (Clause 7, Article 13.1 of Federal Law No. 101). Thus, the owner of the share has the need to place an advertisement in the local newspaper about the opportunity to familiarize himself with the project.
4. If no objections regarding the size and boundaries of the allocated plot are received within a month, then the project is considered approved . The absence of objections is recorded by the cadastral engineer by drawing up an appropriate conclusion (clause 12, article 13.1 of Federal Law No. 101). After this, the land surveying project is approved by the decision of the share owner (clause 5, article 13.1 of Federal Law No. 101).
5. The land surveying project prepared by the engineer and other documents (land management file) are subject to certification by the land committee of the administration of the locality to which the site belongs. After this, the committee issues the owner a cadastral plan for the plot and assigns it the corresponding number .
6. The last stage will be the registration of the ownership rights to the plot that have arisen for the share owner with the Rosreestr authorities. It is carried out by submitting an application and the necessary documents, after which the owner receives a certificate of ownership of the land.

Sample contract of donation of agricultural land share

A sample agreement for the donation of a land share for agricultural purposes includes the following information:

• passport details of both parties;
• subject of the contract;
• the rights and obligations of each party;
• procedure for transfer of land;
• procedure for concluding an agreement;
• dispute resolution;
• final points.

The contract form may describe in detail the procedure for transferring the property, as well as all permitting documentation.

If these points are present, the donation procedure will be significantly simplified, moreover, legal difficulties will be avoided.

The agreement must contain all the information about the share:

• cadastral number belonging to him;
• square;
• location;
• boundary lines.

If the citizens entering into the agreement are relatives, then additional documentation confirming this fact will need to be attached to the application.

If an object of shared ownership is transferred, then the relatives of the donating party must provide their written consent.

We invite you to read: Who should enter into liability agreements?

When carrying out a donation transaction, each party is vested with the following rights and obligations:

• transfer the share in accordance with the clauses of the agreement;
• notify the remaining members of the general community about the donation, bring up for discussion the question that they can redeem it;
• may cancel the agreement on the grounds provided by law;
• the recipient party may refuse to enter into a transaction; the refusal must be made in writing.

Fulfillment of rights and obligations is mandatory. In case of non-compliance, the contract is terminated in court.

The transfer of the plot occurs on the basis of the provisions provided for in the concluded agreement.

It is carried out at the moment of affixing signatures on the transfer and acceptance certificate by both parties.

It is signed along with the contract.

The owner has the right

rent out land share

.

Is it possible to give a land share to a third party? See here.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

A land share, along with other real estate, is property. Consequently, the owner of such property has the authority to dispose of it. One of the powers is the ability to issue a deed of gift for a plot of territory.

The main condition is that the possession is properly registered as the property of the person. Otherwise, you will need to register ownership, and then make a transaction to donate property. In this case, the law provides for a special procedure for donating a land share.

The legislation of the Russian Federation distinguishes plots of land from other types of real estate. However, the specifics of using such property do not include restrictions on the disposal of land. This means that it is possible to issue a deed of gift.

However, there are two conditions for registering a deed of gift for these types of real estate.

They should be specified in more detail:

• A registered title is required. When making a gift transaction, you will need to provide a state certificate confirming ownership of the plot;
• In addition to the right of ownership of the plot, a necessary condition is the absence of encumbrances. This means that the plot should not be pledged to the bank. Such a pledge limits the right of ownership and excludes any transactions for the alienation of the object.

At the same time, it is possible to issue a deed of ownership of a plot when renting it out. The conclusion of such an agreement with the tenant does not in any way limit the owner’s ability to dispose of his property.

All real estate transactions are carried out through notarial acts. Accordingly, the owner must prepare a certificate of ownership and draw up an agreement with the donee. The preparation of this document for the site can also be carried out by an employee of a notary’s office. But this is a paid service that will require additional costs.

Accordingly, if there is a certificate and an agreement, the notary certifies the transaction, certifying its reality. After which, the parties sign a donation agreement. Then, the rights are re-registered to another owner. A sample agreement for the donation of a house and land concluded between relatives can be found in the following material.

When drawing up an agreement and carrying out the entire procedure, you will need a certificate of ownership of the object. This is a basic document that certifies the authority of a person to dispose of it. You also need a contract drawn up independently and with the help of a notary.

In addition, you will need to pay a fee for the transaction itself.

The execution of a gift agreement necessarily involves the transfer of a fee. The amount of this fee for registering a deed of gift for a land share depends on the value of the property.

According to the current legislation, the price of a plot is determined by its cadastral value. Such information is contained in the cadastral passport.

Therefore, when drawing up an agreement between the parties, it is recommended to immediately indicate the price of the object according to the cadastre.

The fee will be 0.5% of the indicated price.

The said agreement is drawn up according to the standard rules of civil law. Among the elements of the agreement, it is necessary to highlight several main ones:

• The location of the transaction, date and details of the parties should be indicated;
• We need the price of the object, determined by the price of the cadastre;
• It is required to reflect the rights and obligations of the parties to the transaction and the procedure for transferring the object.

These are the main provisions that must be included in the agreement. If necessary, the parties can supplement the document at their discretion.

– Legal advice – Sample donation agreement for agricultural land

In particular, the resolution explained that Kuts, according to paragraph 1 of Art. 12 Federal Law No. 101 dated July 24, 2002, had the right to donate the land plot belonging to him only to shareholders like him - co-owners of the plot.

It was also explained that in order to donate a share to his daughter, Kuts had to go through the procedure for allocating a land plot (Article 13 of Federal Law No. 101). Having lost time and not having time to allocate his share, citizen Kuts died suddenly, and his second wife received the right to it in his will.

Procedure for allocating a land share The formation of a land plot on account of a share for its subsequent alienation is carried out in accordance with the provisions and procedure established by Art. 13 Federal Law No. 101 dated July 24, 2002.

It should be understood that we are talking about the formation of a new land plot by allocating into private ownership an area commensurate with the share in the ownership of the common land plot.

Donation of country real estate is most often used within the family circle. This is explained by tax benefits when concluding an agreement between close relatives.

Attention In this article we will look at how to correctly draw up a deed of gift for a land plot and whether it is possible to donate the land on which a house is built.

Is it necessary to have the agreement certified by a notary and what papers will be required to complete the transaction.

We offer step-by-step instructions for registration and sample contracts. The procedure for registering a deed of gift for a land plot For the transaction to have legal force, it is important to correctly draw up the deed of gift.

Important The deed of gift can be issued in simple written form or certified by a notary. The second option is optional and involves additional costs. The parties to the agreement are called: the donor - transfers the property free of charge, and the donee - accepts the gift.

The Investigative Committee of the Russian Federation considers the following to be close relatives: spouses; parents and children; grandparents and grandchildren; brothers and sisters. If the parties to the agreement are not closely related, you must pay personal income tax (NDFL) in the amount of 13% of the value of the property.

We invite you to familiarize yourself with: DOC file of the document: Agreement for storage of securities and other client documents

To do this, we contact the branch of Rosreestr or the MFC (Multifunctional Center) at the location of the property (Article 131 of the Civil Code of the Russian Federation). If the land is located, for example, in the Leningrad region, documents should be submitted to the MFC of a specific area.

Addresses and contact telephone numbers of departments.

Procedure for transferring a plot The transfer of a plot occurs on the basis of the provisions provided for in the concluded agreement. It is carried out at the moment of affixing signatures on the transfer and acceptance certificate by both parties.

Include the following points in the agreement:

• place and date of composition in words;
• Full name, date of birth, passport details, place of registration of the donor and recipient;
• subject of the agreement: “The donor transfers ownership to the donee free of charge, and the donee accepts as a gift a plot of land located at the address: …”;
• characteristics of the property: cadastral number, area, presence or absence of buildings;
• effective date.

If there is a house on a plot of land, a deed of gift must be issued for the land and the building at the same time (Article 25.5 of Federal Law No. 122-FZ “On state registration of rights to real estate and transactions with it”). You may be interested in: How to register ownership of a plot of land? Taxes A gift of land between close relatives is not taxed.

According to paragraph 2 of Art.

The donee becomes the owner of the property. However, the current legislation of the Russian Federation contains a number of conditions under which a transaction can be cancelled. The donor himself has the right to challenge the conclusion of the agreement.

His demands can be satisfied if the citizen’s financial situation and health have deteriorated significantly. The transaction can only be challenged in court. The claim will need to be supplemented with documentation confirming the applicant’s correctness.

Form of land share donation agreement

As is known, the general requirements for the form of a gift agreement are determined by the provisions of Art. 574 Civil Code of the Russian Federation.

However, since a land share is a share in the ownership of a common plot, both in the case of its allocation and without it, according to Art. 130 of the Civil Code, it is real estate .

Thus, special rules apply to the form of such a deed of gift.

The requirements for documents submitted for state registration of rights to a land share are determined by the provisions of Art. 18 Federal Law No. 122, according to which all of them must be executed on paper. Thus, a share donation agreement must always be in writing.

Violation of this rule entails the impossibility of state registration. We note that according to clause 2 of Art. 223 of the Civil Code, refusal to carry it out will not allow the donee to obtain ownership of the share.

In addition to the form, the need for state registration also obliges the parties to competently draw up the agreement . It must not contain blots, errors, additions, strikeouts, corrections, damage, etc. Agreements containing this are not subject to acceptance by Rosreestr authorities.

Notarization of the share donation agreement is not mandatory , however, it will allow you to draw up the document correctly, as well as in accordance with Art. 163 of the Civil Code, will confirm the legality of its provisions, the validity of the intentions of the parties and the existence of their rights to conclude such a deed of gift.

Sample land share donation agreement

The said agreement is drawn up according to the standard rules of civil law. Among the elements of the agreement, it is necessary to highlight several main ones:

• The location of the transaction, date and details of the parties should be indicated;
• We need the price of the object, determined by the price of the cadastre;
• It is required to reflect the rights and obligations of the parties to the transaction and the procedure for transferring the object.

These are the main provisions that must be included in the agreement. If necessary, the parties can supplement the document at their discretion.

State registration of land donation agreement

As already said, according to Art. 130 of the Civil Code, a land plot is real estate.

According to the provisions of paragraph 8 of Art.

2 Federal Law No. 302 dated December 30, 2012, mandatory state registration of real estate donation agreements was cancelled. However, this law did not abolish the need for state registration of rights to real estate, which is carried out in accordance with Federal Law No. 122 of July 21, 1997.

and Methodological recommendations for its implementation.

According to Art. 13 Federal Law No. 122, the first stage of state registration of rights to land plots is the submission by applicants of an application and documents necessary for registration in at least two copies, the list of which consists of:

1. Copies of documents identifying the parties to the transaction;
2. Gift agreements;
3. Certificates of ownership and other title documents;
4. Cadastral passport of the plot;
5. A boundary plan fixing the boundaries of the site.

If necessary, other documents may be required:

1. Notarized consent of the second spouse for the gift;
2. Consent of the guardianship authority;
3. Certificate of absence of encumbrances and arrests;
4. Certificate about the presence or absence of buildings on the site, etc.

After submitting the documents, the applicant receives a receipt indicating the date of their acceptance. Please note that before submitting documents, the applicant must pay a state fee , the amount of which is established by Art.

333.33 of the Tax Code of the Russian Federation and amounts to 350 rubles for land plots and 100 rubles for shares in the ownership of them.

In the registration procedure, Rosreestr employees will check the documents for their legality, enter information into the register of rights to real estate (USRE), apply identification marks to the title documents, and then issue them back to the applicant. The entire procedure, according to paragraph.

3 tbsp. 13 Federal Law No. 122, takes 10 working days from the date of submission of documents .

Only after receiving a certificate of ownership and other title documents, in accordance with clause 2 of Art. 223 of the Civil Code, the donee becomes the full owner of the land plot .

Land share donation agreement

• A registered title is required. When making a gift transaction, you will need to provide a state certificate confirming ownership of the plot;
• In addition to the right of ownership of the plot, a necessary condition is the absence of encumbrances. This means that the plot should not be pledged to the bank. Such a pledge limits the right of ownership and excludes any transactions for the alienation of the object.

All real estate transactions are carried out through notarial acts. Accordingly, the owner must prepare a certificate of ownership and draw up an agreement with the donee. The preparation of this document for the site can also be carried out by an employee of a notary’s office. But this is a paid service that will require additional costs.

The concept of land share

A land share can be described as a share in the common ownership of a land plot. Moreover, in this case we are talking about the share of a land plot with a specific purpose: it must be for agricultural purposes.

In practice, the owners of such shares are mainly former employees of collective farms or state farms, who were allocated certain plots after the reorganization of such enterprises. Basically, many of them rent out their land shares to other enterprises engaged in agricultural activities.

But for some of them, the issue of alienation of such a share, including through donation, still remains relevant.

Is it possible to donate a land share for agricultural purposes without land surveying?

Today, approximately 95% of owners have certificates of the right to use their plots. What are the advantages of such property? The advantage of a land share is the possibility of making a profit from it after the harvest period and selling it at market prices.

We recommend reading: Amount of compensation for paying for kindergarten in Yekaterinburg 2021

Today, approximately 95% of owners have certificates of the right to use their plots. What are the advantages of such property? The advantage of a land share is the possibility of making a profit from it after the harvest period and selling it at market prices.

Features of the gift agreement

When concluding a land share donation agreement, it is necessary to take into account a number of features of this process. First of all, this concerns legally established restrictions.

In particular, as the current legislation states, a land share can be donated exclusively to another participant in the common property.

For example, if a specific agricultural land plot belongs by right of ownership to three citizens, then one of them can donate his share to the other two. The law prohibits a person who does not own the plot from donating his share.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Moreover, the owner in this case is not obliged to notify the other owner about the conclusion of the gift agreement, since the share is transferred between the owners of the land plot.

Is it possible to donate a plot of land to a third party?

Often, many are faced with the need to conclude a gift agreement with a third party who is not a participant in the common property. For example, a citizen wants to donate his share to a relative. What to do in such a situation?

You can conclude a gift transaction only after allocating your share.

This means that the citizen’s share in the common property is allocated and a new land plot is formed. The process is quite complex and consists of several stages:

• carrying out land surveying and determining the possibility of allocating a share;
• allocation of a share as a separate land plot and obtaining a certificate of ownership of this plot;
• conclusion of a gift agreement and transfer of ownership of the newly formed land plot to a third party.

It is also necessary to know that in order to obtain a land surveying project, you need to contact the appropriate specialist - cadastral engineer, and the survey project itself must be published and presented to other owners of the land plot.

According to current legislation, they can submit their objections to the land survey plan within one month from the date of its receipt. After this period has passed, the project is considered accepted. If other owners have objections, disagreements must be resolved through negotiations or in court.

After approval of the land survey plan, the land committee of the administration of a given locality issues a cadastral plan to the owner and assigns a cadastral number to the land plot. And only after this the ownership of this land plot is subject to state registration with the authorized body.

Taxation issues

According to current legislation, the donee must pay a tax of 13 percent on the value of the share in the land plot received as a gift. In this case, when determining the value of a share, its market value is taken into account.

You will not have to pay tax in cases where the land share is transferred into the ownership of a close relative (parents, wife, child, etc.). In other cases, tax payment cannot be avoided.

From the above we can conclude that a deed of gift for a share in a land plot has a number of features that must be taken into account when concluding a gift agreement.

Hello, in this article we will try to answer the question “Agricultural land donation agreement”. You can also consult with lawyers online for free directly on the website.

The cost of the Share of the buildings specified in clause 1.2.6 of this Agreement agreed upon by the Parties is _________ (__________________________) rubles.

Domestic legislation considers a land share as the right of a specific entity to a share in the common ownership of a land plot. having agricultural purposes. The owners of such shares, for the most part, are former employees of collective and state farms, during the reorganization of which the rights to the plots were allocated.

Land share

The land share is issued free of charge, but the citizen who receives it must pay cadastral work and land tax. In order to manage the share in the future, a person must privatize this land, otherwise he will not be included in the number of shareholders. He will lose his share and will not be able to dispose of it in the future.

A land share is a plot of agricultural land allocated to a citizen in the general land mass. According to the Presidential Decree, such areas have been allocated since 1991. The purpose of this was to increase the percentage of private landowners. Therefore, first of all, workers of agricultural enterprises in Russia received the right to their own land. The land share received as property helped people subsequently organize into new forms of agricultural enterprises.

Donation of agricultural land

According to the Land Code of the Russian Federation (LLC RF), land can be owned, leased, inherited for life, permanent (perpetual) or free-term use. Accordingly, participants in land relations are divided into land owners, land users, landowners, and tenants.

A correctly drawn up land donation agreement will not bring problems to anyone. To avoid them, contact a lawyer. For pledged land, donation is possible, but only with the consent of the pledgee and with the preservation of the encumbrance.

In the registration procedure, Rosreestr employees will check the documents for their legality, enter information into the register of rights to real estate (USRE), apply identification marks to the title documents, and then issue them back to the applicant.

The main condition is that the possession is properly registered as the property of the person.

The key difference is that the current owner of the property receives payment or other compensation for transferring the property to another person.

The deed of gift can be issued in simple written form or certified by a notary. The second option is optional and involves additional costs. The parties to the agreement are called: the donor - transfers the property free of charge, and the donee - the one who accepts the gift.

Deed of gift for a share of land

The owner of the land has every right to give shares of the plot belonging to him to several people at once. In such cases, the agreement specifies the exact size of the shares for each recipient. The location of each lobe, what it borders and other data are also described in detail. The document is signed by all parties to this agreement.

The procedure for donating a land plot has many legal subtleties that must be taken into account when drawing up a deed of gift in order to avoid many problems in the future.

Donation agreement for agricultural land

If the cadastral value of the real estate object specified in this paragraph has not been determined as of January 1 of the year in which the state registration of the transfer of ownership of the specified object was carried out, the provisions of this paragraph do not apply.

The parties only need to bring documents confirming the donor's ownership. The notary himself draws up the agreement; the donor and the recipient need to sign it in his presence.

You can go to the local territorial body of Rosreestr in person, or you can send everything by mail or through the official website of Rosreestr. This is permitted by law. But it will still be safer and easier to apply in person.

It is important to indicate in the contract that the transaction is made in good faith. All land documents must be transferred to the new owner; the transfer period can be set in the text of the agreement. If the owner does not have a certificate, and his right is confirmed by information from Soviet household books, the justice will most likely refuse registration.

In order to donate a plot of land, it is necessary to collect a certain package of documents, on the basis of which a deed of donation will be drawn up by a notary. Next, you will need to register the gift agreement with the appropriate authorities. A plot of land can be donated to another person in whole or in part.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Donation, along with purchase and sale, lease, etc., is one of the types of transactions with land plots. The verb “to give” has a common root with the adverb “gift”.

Encyclopedic Dictionary F.A. Brockhaus and I.A.

Efron O.

Other papers may be required depending on the specific case: the presence of an encumbrance, the participation of a minor in the transaction.

Allocation involves the formation of a new plot, which its full owner can dispose of as an independent object of private property rights.

How to draw up a land donation agreement

The gift agreement is drawn up in triplicate and can be concluded by proxy of one of the parties. The deed of gift must contain the following information:

• detailed and reliable information about the parties to the agreement;
• details of the representative’s power of attorney (if any);
• location, area and cadastral number of the plot;
• purpose of this territory;
• list and description of buildings located on the land;
• confirmed information about the absence or presence of restrictions or encumbrances;
• rights and obligations of the parties;
• terms of dispute resolution;
• terms of the concluded agreement.

According to the law, the donation of real estate is a gratuitous transaction, therefore the price of the plot or its share is not necessary to indicate in the agreement. The document must specify the procedure for transferring the plot with all documentation and the procedure for vacating the territory by the donor.

In order not to miss all the details of the agreement and draw it up correctly, you can use land donation agreements on our website.

The following package of documents with originals and copies is attached to the deed of gift:

• passports of both parties;
• notarized power of attorney of the representative (if any);
• document of title for the object of donation (state act, certificate of inheritance, purchase and sale agreement);
• cadastral documents of the site;
• notarized consent of one of the spouses to the gift transaction (if the subject of the agreement is joint property);
• certificates confirming the relationship of the participants (if the parties to the agreement are close relatives);
• documents confirming the absence or presence of encumbrances;
• documents for buildings located on the territory, or a certificate from the Unified State Register confirming their absence;
• certificate of paid land tax.

Once the agreement is signed by both parties, the new owner must register the donated land to finalize his or her ownership. To do this, an application for registration is submitted to the Federal Registration Chamber and the package of documents listed above is provided.

What documents need to be prepared

A well-drafted land donation agreement will allow you to quickly and without unnecessary delays donate the land. Russians have legal grounds to transfer their property to other persons. Owned land can be sold, donated, or inherited.

Citizen Kuts, working until 1991 at the Ilyich State Farm, during the reorganization of this enterprise, received a land share, which he subsequently rented out.

The procedure for registration and registration of ownership is quite simple. However, you need to approach it carefully. It is necessary to prepare documents for the land and draw up a contract correctly.

At the same time, first you need to understand whether the donee agrees to accept the real estate and the donor to give it away. Any coercion makes the legal relationship invalid and can be annulled in court.

If no one has any complaints, then you should start writing the contract (a detailed description of the key points and points will be written below).

When the agreement is drawn up, it is necessary to check all the annexes to it and submit it to the state registration authority for further processing of the transaction.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The organization you need to contact is Rosreestr. The donee and the donor apply here; the transaction can also be completed through the MFC.

The responsible employee needs to submit the following documents:

1. Deed of gift - a contract for the donation of land.
2. Land survey and technical plan.
3. Application for registration.
4. Receipts for payment of duties.

The procedure for donating agricultural land to a close relative

The basic concept of a gift agreement is contained in the provisions of paragraph 1 of Art. 572 of the Civil Code of the Russian Federation. It is considered an agreement between one party (the donor) on the obligation to transfer specific property (a share in a land plot) to the other party (the donee). Such a transaction can only be free of charge.

If, under a gift agreement, the successor makes a counter transfer of some property or right, then such a document will not be recognized as valid. Also, such a document is considered void (invalid even without a court verdict) if the land is transferred to the second party only after the death of the donor (Articles 572, 574 of the Civil Code of the Russian Federation).

The share in the land plot belongs to the Donor by right of ownership, which is confirmed by the certificate of state registration of property rights N ____ dated “___” __________ ____, issued by ___________________.

Sale or donation of agricultural land

In addition, the recipient of the gift does not need to go to government offices to submit the contract. A specialist will do this. When registering through a notary, the procedure will take up to 3 days.

Among these nuances, one can note: If the act of donation occurs at the time of the spouses’ divorce, they cease to be considered close relatives, which means that they will pay a tax of 13% of the value of the gift transaction.

The notary has the right to request other documents; find out about this in advance so as not to waste time collecting papers.

Signing the agreement confirms the fact that agreement has been reached on the terms of the agreement. The moment of emergence of the donee's ownership of the plot is associated with making an entry in the state register, and therefore the transfer of the right to land is subject to registration, which is paid by state duty.

Land donation agreement (sample)

The donor, who is the owner of ______ share of shared ownership of a land plot with buildings located on it at the address: ___________________________________________________, area __________ sq.m., cadastral number __________________ (hereinafter referred to as the Share), free of charge ____________________________________ to the Donee Share in ownership. (transfers or undertakes to transfer) 1.2.

It must not contain blots, errors, additions, strikeouts, corrections, damage, etc. Agreements containing this are not subject to acceptance by Rosreestr authorities.

If the land is located, for example, in the Leningrad region, documents should be submitted to the MFC of a specific municipal district.

All of the listed categories of persons must use the donated plot of land for its intended purpose (Article 12 N 101-FZ). That is, its borders must be officially approved, which is necessary to identify the object of the transaction.

Land donation is a gratuitous process of alienation of a land plot in favor of a third party.

With this, you can provide significant financial support to the person receiving this gift. However, is it always possible to donate your property?

Many people ask the question: “Can I donate a plot of land”? Today we will try to understand this issue.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Conditions

The most significant condition is the gratuitous nature of the transaction , which must be clearly stated in the deed of gift.

You cannot demand any service in exchange for a gift, you cannot charge (even an extremely small) fee for it.

If the gift agreement specifies the conditions for receiving the gift, the transaction is considered invalid and loses all its legal force.

An equally important condition is the following: the transaction is voluntary, so both parties (donor and recipient) must agree. In particular, their agreement is formalized as a separate clause in the deed of gift and supported by signatures.

To whom can a plot of land be donated and to whom not?

You may be wondering, who in their right mind would refuse free land? There are several significant reasons for refusal:

1. If the land is donated to a non-relative, the recipient will have to pay a tax equal to 13% of the value of the plot. If he does not have that kind of money, then he will have to take out a loan or even evade paying taxes, and not everyone is ready to take such a step (is it necessary to pay a land gift tax?).
2. Instead of minors, decisions are made by their parents. If they believe that their child cannot yet independently manage such a serious thing as a plot of land, then they may not consent to receive a gift.
3. Obtaining land can cause a number of problems. For example, the recipient may have a debt, and bailiffs are closely monitoring him. As soon as he takes possession of the property, it can be seized, so that the land will simply “disappear”

Also, both parties to the transaction must be legally capable , otherwise the gift agreement can be easily appealed in court.

It is logical that the donor should be able to dispose of the property, which is confirmed by the relevant documents.

And here there is one important point that not everyone clearly understands: the right to use land and property are two different things.

For example, when the state has issued you a plot of land, at first you may only have the right to use, but not ownership, which occurs only when certain conditions are met (for example, you must begin building a house when you are issued a plot for individual housing construction, etc.). We told you more about how to register a deed of gift for a house and land here, and whether it is possible to donate a plot of land without buildings on it can be found out here.

In some cases, the donor may refuse to carry out the transaction. Such cases include:

1. A sharp deterioration in the financial situation of the donor.
2. Damage caused by the recipient to the donor or the object being donated.
3. Coercion to complete a transaction - the decision to donate was made under pressure.

Legal nuances of a land donation agreement

1. Any operation with land is accompanied by a certain risk. Therefore, when concluding a gift transaction, it is necessary to provide for all unfavorable scenarios. The deed of gift must contain documented information that the donor is not registered with a psychoneurological dispensary, accompanied by relevant certificates and data on the conduct of a psychological examination.

   

2. Before drawing up an agreement, it is important to make sure that the property is not in dispute, is not mortgaged or seized.
3. The law does not provide for notarization of the deed of gift, but in order to avoid possible problems, it is still recommended to do so. Concluding an agreement in the presence of a notary will guarantee that the donor was of sound mind and did not act under the pressure of difficult circumstances.
4. The document can specify the conditions under which the land is transferred back to the donor if he lives longer than the donee.
5. An agreement that contains a clause according to which the property passes to the donee only after the death of the donor is invalid.
6. If the object of the donation is in common ownership, when drawing up the document, notarized consent of all shareholders will be required.
7. You should know that if there are any buildings on the land, it can only be donated along with them. It is impossible to draw up a deed of gift only for an allotment or only for buildings. At the same time, the contract specifies in detail all the information about these objects.

Under what conditions can you conclude a deal, and under what conditions can you not?

Relatives are exempt from paying this tax (find out how to draw up a deed of gift between relatives here). You can find out how much a land donation agreement costs, the amount of state duty, the intricacies of taxation, and how to get it cheaper in a separate material.

Can a donated plot of land be donated?

As soon as ownership has passed to the recipient, and this has been registered in the prescribed manner with the Rosreestr authorities, the recipient of the gift owns the land in full. He has the right to dispose of it as he sees fit.

Including, he has every right to re-gift it. There are no legal restrictions on this.

Is it possible to donate a land share?

A land share can be donated, but there are several features that are worth discussing separately.

So, if you pass it on to your relatives, then this can be done without any problems or delays. However, if you give it to a third party, then consent to the donation is required from all other land owners.

Among other things, if not only you own the share, that is, it has several owners, then the transfer procedure also has some features.

Read more about the donation agreement for a share of land and the procedure for its registration in a separate article.

Agricultural land

Is it possible to donate agricultural land? There are no restrictions on the transfer of such land; it can be donated in the same way as plots for other purposes. Find out more about the nuances of drawing up a donation agreement for a summer cottage, including between relatives, here.

Is it possible to donate a land share and how to do it?

Like any other real estate, anyone can donate a land share to someone. The owner has every right to dispose of his property as he pleases. If you have a question about whether it is possible to donate a land share for agricultural purposes, you don’t have to worry about anything, this can be done. The main thing is to arrange everything correctly. If you do not have a whole plot, but only part of it, you can also draw up a deed of gift.

We recommend reading: How to obtain Czech citizenship

Russian legislation separates land plots from other types of real estate. There are specifics to the use of such objects, but there are no restrictions on their disposal. Accordingly, a land share can be donated. But it is worth considering a number of rules on how to properly prepare the documentation. There are many examples of donation agreements for agricultural land on the Internet.