Article 35 of the Land Code of the Russian Federation ➔ text and comments. Transfer of rights to a land plot upon transfer of ownership of a building or structure.

Transfer of rights to a plot upon sale of a building

All transactions between individuals and legal entities are regulated by civil law. Single immovable object: concept and its legal regime

A single real estate object is an inextricable connection between existing buildings, buildings and structures on a given site. The owner of the plot can lay claim to the immovable objects that are located on it. This explains the unified legal regime. Alienation when selling a building from a single legal object is unacceptable.

In this case, we can only talk about individual rights to territory. Because the existing buildings are connected to the land plot only “addressed”. That is, they are connected only by a single physical address.

Main nuances

When real estate is sold, ownership rights are transferred from one person to another citizen. All this happens for a fee. The size of the transaction is determined purely on an individual basis. The purchase and sale agreement must be drawn up in writing. It must be registered with the authorized body. Re-registration of property rights occurs within the time allowed by law.

This also applies to a single property: a plot and buildings on it. When selling part of the land or a separate building, some difficulties may arise. Namely:

If the owner of a building has issued the appropriate rights to it and transfers them, along with the right of ownership, to another citizen, he automatically sells the right to use the plot. That is, not the entire site is at his disposal, but only the part on which the construction site is located.
It is worth considering another situation. It may look like this: the owner of the territory, when selling it, transfers the rights to ownership of the entire land. But at the same time, if there are residential buildings on it, the owner of which is another person, the rights to them do not pass into the possession of another entity.
In cases where a plot of land with a house is sold under a purchase and sale agreement, the new owner can dispose of everything that relates to a single object.

The purchase must be legalized and documents must be submitted for registration to the authorized body. What exactly is required and in what copies must be clarified with the registrar. Since each situation is considered individually, and depends on the subject of the transaction. This can be a plot of land, or just a building.

Determining the fate of the site in the building purchase and sale agreement

Drawing up a purchase and sale agreement implies the alienation of property rights from the seller and their transfer to the buyer. That is, to the new full owner of real estate. This is evidenced by article number 454 of the Civil Code of the Russian Federation.

But in practice, situations often occur when the site is owned by one person, and the building is owned by another. The purchase and sale agreement must take into account the aspect that the new person can own and dispose of the part of the land plot occupied by the building.

Let us also consider a situation where part of the site is operated under a fixed-term contractual agreement. Upon completion, the owner must proceed as follows: exercise his rights to alienate the building in his favor, or demolish this structure.

If there is an ambiguous situation, it is necessary to use the services of lawyers. Alienation of a building under a purchase and sale agreement, the owner is obliged to indicate that the land is transferred along with the ownership rights to the construction project. It is also recommended to indicate the characteristics of the territory and building. Register cadastral data as well.

What documents will be needed:

statement;
personal passport;
title certificates for ownership of the object;
purchase and sale agreement along with the acceptance certificate;
receipt for payment of state duty.

It is best to conduct such transactions through a notary office. In this way, you will be able to protect yourself. In case of controversial situations, the notary will act as a third party in court.

Rights of the owner of a building on someone else's land plot

According to the requirements established at the level of federal legislation, when transferring ownership of real estate located on someone else's plot of land to another person, he has the right to use this land within the framework of the existing conditions established for the previous owner of this real estate.

This rule also applies to cases of privatization of buildings, structures, structures, and to cases of transfer of rights carried out under any transactions concluded between individuals or legal entities.

Accordingly, each buyer of a structure, building or structure located on a plot of land that belongs to the seller under the right of lease or any other type of use, immediately from the moment of state registration of the transfer of ownership of this real estate object also acquires the right of ownership of the plot occupied by his purchase .

This rule applies in all cases, regardless of whether a land lease agreement was concluded between the parties. This rule also applies to cases where such a document was nevertheless drawn up, but the landlord and tenant did not draw it up in accordance with the requirements of the law.

However, it is worth noting that in the case where real estate located on a plot of land belongs to the owner on the right of permanent perpetual use, the land plot cannot be provided. Such an owner has the right, established by law, to conclude only a lease agreement for this plot of land.

Privatization of plots for an apartment building

Some residents of apartment buildings do not even suspect that they are co-owners of a land plot. They can jointly manage this territory. If cadastral work has already been carried out, the territory automatically becomes common property. The transfer of ownership of the plot under an apartment building is formed after the registration of the apartment.

In the absence of cadastral work, it is necessary to initiate it and register the plot in the state real estate cadastre. To do this, at least one of the owners must contact the local administration to allocate an allotment. Upon completion of this procedure, the territory will become the common property of the residents of the apartment building.

Responsibility for carrying out registration and cadastral work lies with the local administration. If you have a budget, these activities will be carried out quickly. Otherwise, you should be patient, you will have to wait a long time.

In addition to the indicated grounds, the transfer of ownership rights may arise during legal proceedings. It may also be an acquired statute of limitations, as evidenced by article No. 234 of the Civil Code of the Russian Federation. A citizen must openly and conscientiously own real estate for about 15 years, then he automatically acquires rights to it.

The trace must be legally certified, otherwise it will not be automatically recognized. Since the Land Code of the Russian Federation is constantly updated, it is necessary to monitor changes regarding land plots. But since not every person has such information, you should use the services of a law firm.

Through MFC.

Registration actions for the transfer of ownership of a plot are registered on the basis of a submitted application. The MFC acts as an intermediary organization, using whose services you can simplify the process of interaction with Rosreestr employees. The form and rules for filling out the application were approved by Order of the Ministry of Economic Development No. 920 dated December 8, 2015.

Documents can be submitted using the following options:

personal appeal;
through a representative;
mailing;
use of Internet technologies.

Svetlana

Real estate expert

Regardless of the chosen option and method of transferring documents to Rosreestr, the applicant will have to submit the same package of documents to register rights to a land plot. To complete the procedure, you will also have to pay a state fee, the amount of which is determined taking into account the applicant’s status. It is important to take into account the details when paying, since the details of Rosreestr and the MFC are different.

Rights to land when selling premises

You should know that when selling premises, buildings or other real estate, the rights to the site must also be transferred to the buyer. According to the Land Code of the Russian Federation, it is prohibited to sell plots of land without construction projects if they belong to the same owner.

The buyer must familiarize himself with cadastral documents and an extract from the Unified State Register of Real Estate when purchasing real estate. If the seller has the opportunity, he can provide archival documents for review when selling the premises.

Any capital construction project: property complex, buildings, premises cannot exist in isolation from the site. The transfer of ownership of the land plot to the buyer is carried out together with the alienated object.

The procedure for state registration of the transfer of rights to a land plot

To transfer rights and obligations to a plot of land to a new legal holder, the transfer of ownership must be registered in the prescribed manner.

Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” regulates that registration of a transfer of rights means the commission by an authorized state body of a certain legal act (action) entailing legal consequences. Such a legal act is the entry of information about the transfer of rights into the Unified State Register. It follows from this that ownership of any real estate, including a plot of land, arises from the moment of registration of the transfer of the right to it.

To register the transfer of rights to a plot, applicants submit documents to the territorial body of Rosreestr at the location of the real estate property. Registration actions regarding the transfer of rights are carried out by the specified bodies of Rosreestr.

The deadline for applying for registration of the transfer of rights after the conclusion of a land alienation agreement is not defined by law, but it should be remembered that without completing registration actions and entering information into the Unified State Register, the legal consequences of the transfer of rights do not occur.

The procedure for registering the transfer of rights to a plot is regulated by Federal Law 122-FZ and consists of the following stages:

Useful information on land disputes

Bathhouse registration
Division of land
Land plot for commercial development
Encumbrance of a land plot
Land surveying
Clarification of the boundaries of the site
Registration of ownership
Plots for large families
Purchase and sale of plots
Easement on a land plot
Re-registration of a plot of land to a relative
Purchase of land
Land purchase and sale agreement
Ownership
Allocation of land from common shared ownership
Land lease agreement
Formation of land plots
Free use of land
Site development coefficient
Categories of land plots and types of permitted use
Removing the boundaries of the land plot
The right to permanent, unlimited use of a land plot
Finding out the owner of the land plot
The procedure for agreeing on the location of land boundaries
Signs of unauthorized construction
Features of land mortgages
Redemption of land plots
Seizure of a land plot
Termination of ownership of a land plot
Transfer of rights to a land plot
Procedure for seizure of land
Market value of land
Pledge of land
Waiver of the right to a land plot
Land plot of a peasant farm

Re-registration of an empty plot of land into private ownership

In order to acquire ownership of an “unowned” plot, it is worth preparing in advance for this transaction. To get rid of unnecessary waste of money and time, first of all you need to try to find the owner. Then he can re-register ownership if he wants to sell this plot. To do this, you need to contact your local administration. If the owner cannot be found, submit an application to the municipality. In it, express your desire to take possession of this land. Attach copies of requests confirming the search for the owner.

The administration will register the plot of land for cadastral registration for 12 months. This is done so that during this time the owner appears and declares his rights to the real estate. If this does not happen, the plot becomes the property of the municipality. You can use it if you enter into a long-term lease with the administration. To do this, you need to collect a package of documents. It includes a cadastral passport, a certificate of temporary ownership, and an application for transfer of ownership of the plot.

After 3 months, the territory can be purchased. Moreover, at the average market price, with the subsequent conclusion of a purchase and sale agreement. Next, you need to register ownership of the land.

Documents for registration

To formalize the transfer of rights to a land plot, you should collect a list of documents. It is advisable to stock up on several copies in advance:

passport or any other identification document;
application for state registration of ownership of a land plot;
cadastral certificate – site plan according to a scale of 1 to 500.
cadastral passport of the alienated plot;
documents on ownership of the land plot;
receipt of payment of state duty.

Proof of land ownership is:

certificate of a government agency granting land ownership to an individual (the local government agency seals the document);
a document certifying the right of a citizen to own and dispose of land within the framework of the norms established by law;
an extract from the business book of the municipal body on the provision of a plot for the needs of private household plots (in the case of real estate - for individual housing construction);
other confirmation of ownership of the land plot.

Thus, the transfer of rights to land requires mandatory registration with Rosreestr with the presentation of documents according to the model established by law.