Land donation agreement completed sample

What is a land donation agreement?

Under a gift agreement, the donor transfers ownership of a land plot to the donee free of charge.
The recipient may accept the gift or refuse it. If refused, the donee must compensate for real damage: that is, the costs of donating the land (for example, the cost of the registration fee, if it has already been paid). A land plot, in its essence, represents a surface (soil) layer of land, as well as some area above and below the ground, in relation to which the interests of the owner can be exercised. The land plot must be determined taking into account its location and total area, it must have clear boundaries and a fixed legal status. A land plot has two main characteristics: the category of land to which it belongs and the permitted types of use. Often, under a donation agreement, plots are transferred that belong to the lands of settlements and agricultural lands with such permitted types of use as individual housing construction, gardening, dacha farming, as well as lands with some other types of permitted use. Different categories and types of permitted uses may have different building restrictions.

Under a donation agreement, only a plot registered with Rosreestr can be transferred - the plot must be assigned a cadastral number. In an extract from the register (or on the website) such areas will be classified as “registered” and “previously recorded”. If a plot is registered in the Register and has a cadastral number, but land surveying has not been carried out and the plot does not have precise boundaries in the form of geo-coordinates, then such a plot is called “previously registered”. You can donate such a plot, but it is better to carry out land surveying before donating. It was planned to introduce a ban on the alienation of plots without designated boundaries, but at the moment it has not yet been legislated and, accordingly, is not yet in effect. However, it is possible that such a ban will be introduced soon and therefore we do not recommend that you draw up a gift agreement, according to which a plot without marked boundaries will be donated in a few months.

What is meant by a deed of gift in land law?

Before answering this question, it is necessary to understand what a standard land donation agreement is.

This type of agreement is highlighted in modern current civil legislation as a special type of concluded transactions due to their key feature - gratuitousness .

In land law, the concept of a gift agreement does not differ from civil law, with the exception that if in civil law such an action can be subject to a corresponding requirement that the donee will have to look after the donor or the donor himself may reserve the right to use some either rights regarding the donated property, or regarding land law, there cannot be such restrictions.

In this branch of legislation, such a transaction can only be free of charge. Otherwise, it is recognized as fake.

Prohibitions on donating land

An important aspect is that donation is prohibited to persons holding government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, municipal positions, civil servants, municipal employees, employees of the Bank of Russia in connection with their official position or in connection with the performance of their official duties. This does not mean that close relatives cannot donate plots to officials, but when donating from third parties, problems may arise, and not in the area of civil law.
Donations on behalf of minors and the incapacitated, as well as to employees of educational organizations, medical organizations, organizations providing social services, and similar organizations, including orphanages, by citizens undergoing treatment, maintenance or upbringing there, spouses and relatives of these citizens are prohibited. .
In addition, parents or guardians of children under 14 years of age and incapacitated citizens cannot donate land plots that belong to such persons.

Necessary documents for drawing up a deed of gift for a land plot

Since a gift in the form of a plot of land or a house with such a plot will be very expensive, in order for it to be successful, it is necessary to correctly prepare all the necessary documents .

This must be done for one purpose - so that from a legal point of view the fact of such a transaction is recorded correctly.

How to draw up a land donation agreement? The list of documents is not very large, but some of the necessary materials will have to be ordered in advance .

The list itself consists of five mandatory items, which include:

Certificate of ownership of a specific plot or house with a plot (confirming the donor’s right to perform legally significant actions).
An extract from the Unified State Register of Rights (it should reflect whether there are any encumbrances on a specific plot and on all other property located on this plot).
Cadastral passport (using which you can understand all the necessary characteristics of the future “gift”, including its area, existing buildings, location).
If the donor is not alone, then the consent of his spouse to complete such a transaction will be required (it must be notarized in order to avoid further challenges to the concluded agreement).
In the same case, if the plot was acquired by the donor during marriage, and at the time of the transaction the spouse died, it will be necessary to provide a death certificate.
Directly myself gift agreement, compiled either independently or with the help of lawyers and notaries, which must also be completed in accordance with certain legal norms and must contain a number of requirements, namely:
a description of the property itself, which should become a gift, indicating all its property characteristics (such information is taken from the cadastral passports of a specific site and existing (if any) buildings on it);
assessment of all buildings, if any, on the site, as well as the price of the site itself (it is established during the assessment process and is reflected in all documents drawn up in accordance with a special act of acceptance and transfer of property);
the absence of legal claims that can be brought against the owner, in which the donated property can be used as compensation for one or another damage;
all possible existing encumbrances on a specific site (whether it is a ban on capital construction or permission to use it only as farmland);
final information, which reflects all the essential terms of the agreement (such as the location of the land plot, the place where the agreement was made, the date, number of copies, appendices to the text, the date the document entered into force).

If minor children are involved in the transaction (including as a third party, whose property interests will not be infringed), then when it is completed it will be necessary to contact the guardianship and trusteeship authorities to obtain their consent to carry out this legally significant action.

Moreover, when applying for such consent, as in relation to any other property transactions, it will be necessary to provide evidence that the rights of such a minor child will not be infringed.

Terms of the land donation agreement

Subject of the agreement. The subject of the land donation agreement is the plot transferred under the agreement: the text of the donation agreement must indicate its cadastral number, address, area, category of land and type of permitted use. Separate alienation of a plot without buildings for rent is not allowed if the plot and buildings belong to the same person. If you are donating a plot on which there is a residential building or other real estate for which you have ownership rights, then the contract must describe such buildings, indicating their address, area and cadastral number. In addition, the contract can contain information about non-permanent buildings. Such buildings can be dismantled, and therefore, taking into account the trust relationship between the parties, it is worth indicating which buildings will remain on the site upon transfer.
Deadlines. The contract should establish deadlines for the direct transfer of the site and re-registration of rights to it. The agreement can also establish a provision regarding which party bears the costs of government expenses. registration of the transfer of ownership of a land plot (the donor may want to require a paid fee for state registration of the transfer of rights).
Succession. Since any gift agreement presupposes the existence of a trust relationship between the parties, it is not superfluous to clarify the consequences of the death of one of the parties (in other words, whether the legal successors will inherit the rights or obligations arising from the agreement). Unless otherwise provided in the agreement, the heirs of the donor will have to transfer the gift to the donee, but the heirs of the donee will not have the right to demand the transfer of the land plot to them.

How to correctly draw up and register a deed of gift for land with buildings?

Writing a deed of gift for a land plot with homeownership consists of simple standard fields. It must necessarily indicate:

Place of signing.
Date of.
Information about the donor (or several) - full name, as well as other passport data.
Information about the authorized person, if he represents the interests of one of the parties.
The same data about the donee(s).
The fact that the property is transferred as a gift.
When exactly does this happen (the date of transmission may not coincide with the date of compilation).
A detailed description of this property: land, house and other buildings, if any.
If there are several donees, it is precisely indicated what share of the real estate goes to each.
Numbers and dates of issue of certificates of ownership.
Title documents – that is, those on the basis of which the property was transferred to the donor. This could be a will, a purchase and sale agreement, a gift, etc.
Information that the spouse's consent has been obtained, if required.
Documents confirming the absence of debts and/or encumbrances.
Number of copies of the agreement.

The document is sealed with the signatures of the parties.

Reference! There must be one more copy of the deed of gift than the number of participants. Each of the parties to the transaction must keep the original document, and another one will be required from Rosreestr during registration.

The donation agreement for a private house with a plot also includes information about the characteristics of these objects.

Find out more about the necessary documents for registering a donation of a house and land.

The following information is required for a land plot:

Cadastral number.
Location.
Square.
Special purpose.
Type of permitted use.
Cadastral or market value, etc.

And write for home:

Cadastral number.
Square.
Number of floors and rooms.
Cost, etc.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Brief example document

Let's look at an example of how to write a donation agreement for a plot of land and a residential building. Let's assume that a grandmother wants to give her granddaughter a property that she once bought.

The text in the deed of donation for a house and allotment may be as follows::

“The Donor transfers free of charge to the Donee what belongs to him on the basis of a purchase and sale agreement (number and date of preparation):

Land plot (detailed information about the plot).

Residential building (necessary information about the house).”

If the grandmother has a husband, and the property was purchased during marriage, his consent must be noted.

Read more about the nuances of concluding a donation agreement for a house and land between relatives here.

Registration of a deed of gift for a plot by power of attorney - is it possible or not?

Executing a gift agreement through a proxy is not that uncommon today. Quite often, one of the parties is not able to be present when the deed is signed or cannot be present during the re-registration of property rights. In this case, according to the current Russian legislation, the person acting as the donor or donee has the right to issue the appropriate power of attorney in a notary office, transferring his rights to the authorized person.

Also, it is worth noting that despite the prevalence in legal practice of transactions involving proxies, registering state bodies are wary of such procedures (this is especially true for donations under the so-called general power of attorney, which actually shifts all rights and obligations to carry out the transaction to a third party ).

How to draw up a deed of gift for a dacha? Sample deed of gift

When drawing up a gift agreement, it is necessary to take into account some nuances. The dacha must be owned by the citizen who is transferring the house and land as a gift to another person, so the donor should prepare in advance documents confirming his rights to the property (i.e., a certificate of ownership) and confirming the grounds for receiving the residential premises (for example, a purchase agreement -sales). In addition, the plot must also have a cadastral registration number and a cadastral plan.

legal document (for example, a court decision);
passports of all participants in the transaction;
certificate of ownership of the dacha;
three copies of the deed of gift;
certificate from the BTI;
a certificate authorizing any work to be carried out in the local area (if there are additional buildings or changes in the structure);
technical passports for the dacha and all buildings available on the site;
site plan from the cadastral authority;
certificate of payment of the relevant state duty;
other documents that must be provided at the request of an employee of the registration authority.

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