Land before purchase. How to check?


Order an extract from the Unified State Register of Real Estate about the property

Submit via MFC

or an electronic request
to Rosreestr to provide information from the Unified State Register of Real Estate (USRN) about a land plot
.

Using the information contained in the extract from the Unified State Register of Real Estate about the property

, check:

In addition, the extract from the Unified State Register may contain information due to which you may have to reconsider your decision to purchase this land plot. In particular, you should be alerted by the presence of marks:

  • about an objection to the registered right to a land plot;
  • on the existence of a decision on the seizure of a land plot for state and municipal needs
    ;
  • on the impossibility of state registration without the personal participation of the copyright holder or his legal representative;
  • about the presence of received but not considered applications for state registration of rights (transfer, termination of rights), restrictions on rights or encumbrances, transactions in relation to a land plot.

Qualified experts can search and analyze all the necessary information about the selected land plot for you. For your convenience, we have created the “ OBJECT PASSPORT”

". Order the “OBJECT PASSPORT” and evaluate how quickly, efficiently and professionally the specialists of the “VladeyLegko” project work!

How to choose a suitable site

Before making a final decision regarding the acquisition of a plot of land, it is advisable for the potential owner to decide on the purpose of the future purchase and the type of property to which the selected plot belongs. It can be:

  • lands related to state ownership;
  • territories under municipal control;
  • lands of common joint and shared ownership;
  • property of federal bodies and constituent entities of the Russian Federation;
  • lands and territories at private disposal.

If you intend to buy a plot of land/summer cottage, the potential owner must make sure of the possibility of purchasing and the upcoming development of the land. To do this, it is recommended to contact the Land Committee for territorial affiliation and find out who exactly owns the territory planned for purchase.

What you need to consider at the stage of choosing a land plot - in the video

Re-inspect the land

If during the initial inspection of the land you did not pay attention to the presence of buildings on the site

, then when re-inspecting, be sure to make sure that they are legalized.

In accordance with land legislation, all objects firmly connected with land plots follow the fate of the land plots. This means that simultaneously with the sale of a land plot, all registered buildings located on this land plot must be sold.

We strongly advise you to check the actual boundaries and area

of the acquired land plot and compare them with the boundaries and area established in the Unified State Register of Real Estate, and also make sure that buildings, fences, and landscaping elements are located within the boundaries of the land plot.

Perhaps, in order to check the boundaries of the land plot, you will need to carry out the mapping of the points of the land plot boundaries. This is a procedure during which boundary signs are installed on a specific land plot to indicate its boundaries. The result of the removal of boundaries is the establishment of the exact area of ​​the land plot, its shape, clear boundaries, and a reliable location in the general land mass. This procedure is carried out by engineers - surveyors.

The actual area of ​​the acquired plot should not exceed the area indicated in the extract from the Unified State Register of Real Estate.

Land inspection - how to check the legal cleanliness of a site

Click on the “+” at the bottom right of the map to zoom in and then a cadastral grid of land plots will appear. Next, find the desired area on the map, click on it and a window will appear with its cadastral number.

  • Go to Whothere.pro.
  • Insert the cadastral number of the plot and click on the “Find” button. To enter a cadastral number, click on the “Cadastral Number” button, enter it in the field and click on the “Find” button.
  • In the window that opens, check the address and click on “Select object”. If the message “Rosreestr cannot provide information about the requested property” is displayed
    . Check the correctness of the entered data and try again” - this means that the wrong address was entered or the Rosreestr servers are “slowing down” (this happens). We advise you to check everything, or if the address is correct, then wait a little and then try again.

Verify the identity of the land seller

This is another important verification criterion when purchasing a land plot. Compare the data in his passport and, if necessary, in other personal documents (marriage certificate, divorce certificate, change of surname, etc.) with the data specified in the documents for the plot. You must make sure that the transaction with the site is carried out by its owner.

Recommendations:

visually compare the seller’s appearance in the passport photo with the age data.

At the slightest suspicion (advanced age, signs of alcohol or drug intoxication, inappropriate behavior, etc.), check the seller’s legal capacity: ask the seller or his representative to provide documents confirming his legal capacity (an extract from the Unified State Register of Real Estate recognizing the copyright holder as incompetent or partially capable

, or a notification about the absence of this information in the Unified State Register; certificate from a psychoneurological dispensary).

If the transaction is carried out with the participation of the owner's authorized representative, make sure that he has a notarized power of attorney

, which meets all legal requirements. Don't forget to check the validity period of the power of attorney.

If, according to the extract you received from the Unified State Register of Real Estate, the owner of the land plot is a legal entity, we recommend checking information about the status of the legal entity, individual entrepreneur (IP), peasant (farm) enterprise (peasant farm) - active, liquidated, in the process of liquidation, bankruptcy. This information can be obtained at.

In the event that a legal entity is at the stage of liquidation, the sale of property is possible only at auction to repay existing accounts payable, or through direct sale in the absence of such debt.

We also recommend checking the seller (both individuals and legal entities) for bankruptcy

. To check a prospective seller for bankruptcy, you need to use the resource. Here you can find a person against whom bankruptcy proceedings have been introduced, or make sure that your seller is not bankrupt.

If bankruptcy proceedings have been introduced against an individual or legal entity, this presupposes the limitation of his legal capacity and the completion of a transaction by an arbitration manager in the manner established.”

We also advise you to make sure that there are no enforcement proceedings against the proposed seller (both an individual and a legal entity).

The existence of such enforcement proceedings does not exclude the possible application of interim measures in relation to real estate owned by the debtor.

Is it possible to build a house?

Many citizens consider land plots as a future site for building their own residential building. But to do this, they first need to understand whether the law allows the construction of a residential building on a given site or not.

The online extract from the Unified State Register, which we discussed earlier, will help answer these questions. The extract contains sections such as “Land Category” and “Permitted Use”.

There are a lot of subtleties and nuances here that an ordinary citizen may not know about. For example, it is impossible to build a residential building on agricultural land, however, if the land plot is intended for gardening, then it is already possible. In this case, the site must be included in a special zone with approved urban planning regulations. If the site does not meet these requirements, then only non-residential premises intended for processing agricultural products can be built on it.

If the plot is intended for personal farming, but it is located outside the populated area, then there will also be problems with permission to build a residential building.

The best option is to find a plot of land with the category “Land of populated areas” with the type of permitted use for individual housing construction. On such a site you can build a full-fledged residential building and subsequently register there.

In any case, when choosing a site, it is best to consult with specialists who are well versed in the nuances of land and will be able to analyze the object from the point of view of permitted use.

Rights and restrictions

Another important point in which the online extract from Rosreestr can help concerns the rights and restrictions on the site. If the site is under arrest, for example, by bailiffs, then the relevant information will be reflected in the extract. Read more about this topic in our material “Seizure of property: from application to sale.”

It doesn’t hurt to check the seller himself to avoid transactions with a person who is in a pre-bankruptcy state. Such transactions are very dangerous, because if during the bankruptcy procedure it turns out that the debtor got rid of his assets at reduced prices, thereby not paying his debts, then the transaction may be declared invalid.

This means that the parties will have to return to the state before the transaction. The buyer returns the land to the seller, and the seller returns the money to the buyer. The only problem is that the land will not go anywhere and in any case will be returned to the seller, but the buyer may not see his money. He will have to line up with other creditors and hope that during the bankruptcy the proceeds from the sale of the debtor's property will be enough for everyone.

To avoid such a situation, it makes sense to check the seller using the FSSP database, where the register of enforcement proceedings is kept. It also doesn’t hurt to ask the seller for a credit history, which can also be used to track the citizen’s payment discipline.

Communications

The availability of communications is of no small importance when purchasing a plot. If gas is supplied to the village where the site is located, there is electricity there, and you can connect to water supply networks, then such a site will be expensive. But land in an open field, where there is no gas, no water, no electricity, is not in special demand, since bringing expensive communications to the site can cover the cost of the purchase itself several times.

Often in advertisements you can find promises from sellers that gas and water supply will soon be supplied to the area, so they say you need to buy while it’s cheap. All these statements need verification. It is best to contact the local administration and find official documents that would confirm plans for establishing communications.

Before purchasing, you should find out how deep the waters lie on the site, what their quality is, whether there is an alternative in the form of a nearby reservoir, etc.

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