Certificate of acceptance and transfer of land

Certificate of acceptance of transfer of land - sample, form 2020

The owner has the right to transfer any property, which may include a land plot, to another person, drawing up a lease or sale agreement.
It is generally accepted that this document is sufficient to complete the transaction. However, many try to protect themselves as much as possible, so in addition to the contract they draw up a transfer deed.

If any disagreement arises, this document will allow you to prove the correctness of both one side and the other.

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Why do you need a transfer deed?

In essence, this act indicates that the transfer of the object of the transaction was carried out not only on paper, but also in fact. The document records not only this fact, it also notes detailed information about the participants, the object of the transaction, and its features. Information is entered in such a way that it accurately allows the identification of the land on which the transaction is being made.

The plot can be bought, rented, or received as a gift. Practice shows that quite often in such transactions, due attention is not paid to drawing up the transfer deed. However, it is this document that indicates that the recipient actually accepted the plot.

If we are talking about a lease, it is important to display all its features in the document. For example, are there any buildings on the leased land? After all, after the rental period, the plot will need to be returned in its original form, specified in the document.

Since the agreement has an addition in the form of an act, identical information must be indicated in these documents.

Is it necessary to apply for it in 2020?

(: “Land. Inspection and filling out the act.”)

If a transaction is made between the parties in relation to any real estate, it must be accompanied by the execution of an appropriate agreement. Another person receives the right to land after registration with a government agency has been carried out on the basis of this agreement. After registration, the buyer becomes the full owner of the plot.

As for the act, it cannot be called mandatory. But you need to remember that the act is a recommended document.

It should be understood that a transaction in which the owner transfers land to another person implies the execution of an appropriate agreement. The document confirms in writing that the parties have fulfilled all their obligations under the agreement.

For example, the deed confirms that the seller received the agreed amount, and the buyer was able to use the land legally.

In addition, the act displays detailed information about the site. This is a document confirming the actual condition of the transaction object. It is possible to indicate the fact of receiving the land directly in the contract. Thus, the document will additionally perform the function of a deed of transfer.

Many people simply do not want to draw up a document that will repeat information that is present in an already executed agreement. However, you need to understand that there are situations when one of the parties has the right to go to court to challenge the contract. It is possible that this document will be declared invalid altogether.

It is in this case that the transfer documentation will provide reliable protection for the participants in this transaction.

Practice shows that when making such transactions, modern people draw up a deed in three situations:

1. Purchase put on. All information is entered into the document by mutual agreement.
2. Land lease. Here you will additionally need to indicate during what period the plot will belong to the tenant. You also need to describe the condition of the object in detail.
3. Donation of land. There is an opinion that when drawing up a deed of gift there is no point in drawing up a deed. Although it should be understood, there are situations when the donor refuses his decision, wanting to challenge the gift agreement. If a gifted person erects any buildings here, it will be difficult for him to prove that he is right. Therefore, in such a situation, it is still recommended to draw up an act.

What documents are required to draw up the transfer and acceptance certificate?

When land is sold, it is in the buyer's interest to check with the seller that all documents for the plot are available.

The seller must present a plan of the property indicating its boundaries and a cadastral passport.

When signing the deed, the buyer is recommended to compare the actual dimensions of the plot with the dimensions indicated in the documents. To complete the transaction, you will additionally need the following documentation:

• A document confirming the fact that the site is not burdened with any restrictions;
• A certificate confirming that there are no tax debts on this land;
• A document confirming that the plot is not under collateral;
• Documents indicating that the seller has the right to dispose of this object;
• Confirmation that the seller is the sole owner of the land. If this is not the case, written permission will be required from all co-owners of the site.

What to pay attention to when drawing up a transfer deed

It cannot be said that this act is a document of title. However, it is customary to compile it indicating certain parameters. Often this is where important information is indicated. So, when filling out a document, it is recommended to write down information that is of great importance to representatives of both parties:

• It is possible that there will be some buildings on this territory. The presence of all real estate objects should be recorded in the act. It is necessary not only to list the buildings, but also to indicate the possibility of their operation;
• Documents allowing the owner to sell this property;
• Please note the right to use cultivated plants, if any, on the site. Often, the buyer receives this right when receiving a land plot. In this case, it is not necessary to register this item. However, in that situation, if there are any restrictions on the use of agricultural crops, they should be indicated in the document;
• The presence or absence of debts. For example, if the seller has not paid land tax for a long time, it is considered that the plot is in debt. Naturally, the new owner will pay it off. This can only be done by mutual agreement of the parties. The fact that there are no debts on the site must also be stated in the document;
• Sometimes it happens that the dates of writing the document and transferring the plot differ. In such situations, the date should be indicated when the former owner transfers the plot to the buyer. If the date is missing, then the new owner has the right to dispose of this property from the moment the deed is signed.

It is important to remember that proper drafting of the document will help you avoid serious troubles in the future. This is how the parties can protect themselves as much as possible when making a transaction.

The act must have as many copies as there are interested parties. Their details must be written down here. It is also necessary to describe the site in as much detail as possible, its size, condition, and features.

It would be useful to note how suitable this plot of land is for use.

The buyer must remember that after signing the contract, all responsibility for the safety and maintenance of the object falls on his shoulders. In fact, from this moment on, the former owner has nothing to do with the site. Now the safety of the object is the responsibility of the new owner.

How to correctly draw up an act of acceptance of the transfer of a land plot under a purchase and sale agreement in 2020?

There should be no difficulties in filling out this form. It is enough just to understand the essence of drawing up this document. There is no need to use any special form to complete it. Here you are allowed to use a free design style.

You can also use any existing template. The act is filled out as follows:

• At the top of the document you should indicate the city in which it is drawn up and the date of preparation;
• All details of the parties are entered. This includes passport details;
• The fact that the buyer actually received the land is indicated;
• Detailed information about the site, buildings and plants on it is described;
• The buyer indicates that he accepts the plot in the form it has at the time of the transaction;
• The amount agreed upon in advance by the parties is noted. The cost is indicated not only when purchasing, but also when renting a plot;
• It is indicated that the participants have no claims against each other;
• By signing the document, participants agree to the information specified in it.

If the need arises, the parties may introduce additional clauses in an unlimited number. For example, not only buildings are indicated, but also green spaces, the presence of unfinished or damaged real estate, significant damage to the land plot itself, etc.

You can fill out the document manually or on a computer. If computer typing is selected, signatures are placed after printing the document. When filling, the parties usually go to the site. This allows you to determine its features and condition. The seller must provide a list of available buildings in advance. The buyer checks on the spot the availability of all real estate items indicated by the seller.

In a situation where, after drawing up the act, disputes arise between the parties, it is first recommended to submit a written claim. If this does not help resolve the dispute, the party who believes that its rights have been violated has the right to go to court.

Validity

There are situations when the act is signed after the transaction is recorded in Rosreestr. It is recommended to further determine when exactly the document will be signed. You can also indicate the fines that the parties will face for failure to fulfill this obligation.

Particular attention should be paid to the validity period of this document. Since this clause is not defined by law, the parties to the transaction are allowed to independently indicate the validity period of the act. The document acquires legal force at the moment when the transaction is registered with the relevant authority.

In addition to the conditions, the validity period of the act is also specified. As a rule, it is not long-lasting. Typically, a certain period of validity of the act provides an opportunity to make a claim. If they are absent, for example, for several months, then they are unlikely to appear in a year.

Thus, there is simply no need for a long period of validity of this document.

It is also recommended to note under what circumstances the transaction may be terminated. At the mutual desire of the parties, they can determine the period during which they have the right to make claims, up to and including complete termination of the contract.

Download the sample and form of the land plot acceptance and transfer certificate

Source: https://aktinfo.com/akt-priema-peredachi-zemelnogo-uchastka/

The act of acceptance and transfer under a gift agreement in 2020 from the point of view of the legislator

Let us immediately note that the civil law of the Russian Federation does not oblige to draw up an act of acceptance and transfer when concluding a gift transaction.
However, this is not prohibited for them. Moreover, in some cases, the preparation of such a document significantly simplifies the legal relationship between the parties to the deed of gift. Therefore, it is worth studying the rules and features of its design as carefully as possible. Moscow and St. Petersburg , don’t have time to delve into the essence of the topic? We offer you FREE LEGAL ADVICE from the best lawyers in the country - right now!
Save money and time with us! The main point when drawing up an act of this type (regardless of the type of property being transferred as a gift) is to indicate in the document the fact that there are no (mutual or unilateral) claims between the donor and the donee. In addition, similar to other similar documents, the deed should describe in as much detail as possible the properties and characteristics of the object of donation, which would distinguish it from among similar objects.

Expert opinion

Lyudmila Kim

Invited expert: author of the “Child Support” blog, practicing family lawyer, 7 years of experience.

Based on the requirements and norms established in the current legislation of the Russian Federation, namely in the Civil Code of the Russian Federation, it is not required to draw up an act of acceptance and transfer in 2020 when drawing up a gift agreement! This document also cannot be required by state registration authorities (for example, Rosreestr employees when registering ownership of donated real estate). As a rule, this act is drawn up at the mutual request of the parties.

So, the content of the act of transfer and acceptance by the parties to the transaction reflects the fact of transfer of the object of donation. The deed itself, after signing, is an integral part of the deed of gift itself and is considered a legal annex to the main deed of gift.

Drawing up such an act will act as a guarantor for the donor and will reduce the chances of conflicts and disputes arising in relation to the gift given to him in the event that this item of donation has certain shortcomings. And all because the contents of the document will contain written confirmation that the donee is ready to accept the property in its current condition.

EVERYONE NEEDS TO KNOW THIS:

State registration of a gift agreement in Rosreestr

Simply put, even if disputes arise due to the poor quality of the donated object (naturally, all the features and shortcomings of the transferred property must be reflected in the contents of the act), the gift agreement will not be able to be challenged in court!

An example of lawyers from the website “Legal Ambulance”

Citizen O. gave her niece a car. At the same time, together with the deed of gift, an act of acceptance and transfer was drawn up, according to the contents of which the donated car, at the time of its transfer, had problems with the engine. Two weeks later, the niece filed a claim in court, wanting to terminate the deed of gift, arguing that when concluding the transaction, she did not have the necessary technical knowledge to fully assess the defect. The court rejected the niece’s claim, pointing out that by signing the acceptance certificate, she not only agreed to accept the gift, but also confirmed her awareness of the existing shortcomings of the car.

It is worth noting that in most cases, even if the shortcomings were not listed in the deed of donation signed by the parties, the court will take the side of the donor, since in the current situation it is very difficult to prove that at the time of signing the deed, such shortcomings existed at all. After all, judging by the document signed by the donee, there were none.

The transfer and acceptance certificate must be drawn up in several copies (at least two - one for each party to the transaction).

Rules for drawing up a transfer deed for a contract for the sale and purchase of a house and land

The main document for a real estate purchase and sale transaction is a contract. And along with it there must be a transfer deed.

This is an important document, the meaning of which not all buyers and sellers understand. At the same time, it is designed to protect both parties from fraud.

The deed indicates that the seller has transferred the property and the buyer has accepted it. In this article, we will consider the main points related to the document and tell you about the procedure for its preparation.

The concept of the act of acceptance and transfer

A deed of transfer is a document that confirms the receipt of real estate. It is drawn up not only for a purchase and sale transaction, but also for a lease. Mention of the act of acceptance and transfer of real estate is contained in Art. 556 of the Civil Code of Russia.

The essence of the document is the transfer of rights. According to the laws, the buyer becomes the owner after receiving the goods . For example, when purchasing a laptop, a citizen receives the goods in hand. However, in the case of real estate, such a transfer of rights is impossible. Therefore, it is replaced by documentary evidence.

Do you need a document when purchasing land and a house?

In accordance with the Civil Code, a transfer and acceptance certificate is always drawn up for real estate transactions, including its sale. However, when submitting an application for transfer of ownership rights, Rosreestr cannot require a transfer form as a separate document.

The parties may include the main provisions of this document in the original text of the purchase and sale agreement. However, for convenience, it is separated into a separate document, which is an annex to the agreement.

The protocol of acceptance and transfer of real estate confirms the fact of the transaction. However, it cannot replace the purchase and sale agreement.

Paper is required when selling any type of real estate:

• Earth;
• land with a house;
• house (on a non-privatized garden plot, for example).

Some of the provisions overlap with information from the purchase and sale agreement.

When to sign?

You can issue a receipt for the acceptance and transfer of real estate at any time: before the transaction is closed, i.e. before registering the transfer of ownership. The future buyer must be familiar with the actual condition of the house and plot, as evidenced by the paper.

The real estate transfer application may contain clarifying provisions that provide information about when the new owner will receive the land. This means that the inspection and assessment of the condition of the site occurs on one day, but the final transfer of land occurs on another.

The document must indicate the date or conditions under which the document will come into force. For example, the land will be transferred after payment of a deposit. If the document does not contain clarifying information, the buyer receives the right to use the plot and house immediately after signing the act. It is not required to have it certified by a notary without the wishes of the parties.

Note! Although the acquisition of the right of use occurs after the signing of the transfer deed, the buyer will receive ownership rights only after registering the agreement with Rosreestr.

Instructions for filling

The deed of transfer is a short document. There are only a few mandatory points here.

1. Representation of the parties . The document must contain the same details of the seller and buyer as in the purchase and sale agreement, i.e. Full name, series and number of the passport, date of issue, who issued it and department code if desired. It is also recommended to indicate your residential address.
2. Real estate data . In this paragraph, it is enough to write down the address and cadastral number of the property. When selling a house with a plot, information about them is written down separately. It cannot be written in general terms; it is necessary to provide as complete information as possible about the house with a plot. The same information is contained in the purchase and sale agreement. Since the transfer protocol is usually drawn up after the purchase agreement, information about the agreement must also be indicated in this block. Only the date of signing is enough.
3. Information about the acceptance and transfer of real estate . This is the main block of the document, often a template phrase is used here:

The seller handed over the house and the plot in good condition, the buyer accepted it. There are no complaints about the facility.

But when drawing up an individual agreement and deed of transfer, the main point can be expanded. A more detailed description will help protect the rights of the buyer and seller in a controversial situation.

For example, if at the conclusion of a transaction it turns out that the house has a crack in the foundation, due to which the wall may collapse. This is a serious defect and the buyer may demand cancellation of the contract.

But if the document does not contain information about the crack, then the seller can challenge the cancellation of the contract , because the defect could have appeared due to the fault of the new user.

Although in this situation the parties will have to go to court to resolve the dispute, the deed of transfer will help establish whose interests have been violated.

You can attach photographs of the house and site to the transfer protocol.

And in the main block, indicate all the shortcomings of the structure or nuances. For example, if there is a garden on a personal plot, you can list the number of fruit trees.

After the main block, you can insert information about the date of transfer of the right of use, if there is a need to delay this moment. Signatures and dates must be added at the end.

Validity periods

There are no restrictions on the validity period of the application. In most cases, it is drawn up directly at the time of concluding a real estate purchase and sale agreement.

However, it is not prohibited to take long intervals between signing documents.

Situation. The buyer and seller signed a contract for the sale and purchase of a plot of land with a house. But the buyer does not have the required amount, so the signing of the real estate acceptance certificate was postponed for several months, during which the entire cost of the plot must be paid.

You can defer signing the protocol for an unlimited period of time. However, it is recommended to include such nuances in the purchase and sale agreement.

If the transfer protocol is not signed by the deadline specified in the agreement, the party that did not fulfill its obligations will be punished.

It must also be stated in the main agreement. This could be a penalty, a fine or termination of the transaction.

Nuances

The default transfer protocol is 1 copy. However, you can make several so that each party gets their own. The number of acts drawn up must be specified in the document itself. Moreover, all copies are originals. They have equal legal force and must be signed by the parties to the transaction.

In accordance with Art. 556 of the Civil Code of the Russian Federation, the seller is responsible for providing goods of appropriate quality. This does not mean that the house and land must be in perfect condition. The buyer can sign the attached file if there are any violations . This means that these shortcomings were noticed, but did not affect the desire to purchase the property.

Attention! Witnesses may be present when signing the handover protocol. The law does not say anything on this matter, but if there are third parties, they can be included in the document to confirm the voluntariness of the transaction.

The transfer deed is also signed when renting out the property. But if the tenant wants to buy the plot, then he does not need to sign a new transfer deed. Since the house and plot have actually already been transferred for use, it is enough to stipulate in the purchase and sale agreement that the buyer has no complaints about the condition of the property. A home inspection is not required.

Conclusion

The transfer deed is a guarantee of the provision of real estate of appropriate quality. Although parties to a transaction often use a template, it is recommended to draw up your own version of the receipt for the acceptance and transfer of real estate. The more nuances specified in the document, the better it will help protect the rights of the seller or buyer.

Source: https://stroim-domik.org/podgotovka/zemelnyj-uchastok/oformlenie/kuplya-prodazha/dogovor-na-zemlyu/peredatochnyj-akt-na-dom-i-zu

Sample acceptance and transfer of a house with a plot of land

The legislation does not provide for an approved sample of the act of acceptance and transfer of a house with a land plot upon purchase. The document is drawn up by the buyer and seller in free form, taking into account the mandatory conditions.

Below you can draw up an act of acceptance and transfer of real estate. If necessary, the buyer and seller can include additional provisions in their content, adapting the given samples to the current conditions of the purchase and sale agreement.

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