What is alienation of property: when is it possible by consent and in what cases is it forced?

Alienation of a share in the ownership of real estate

It should be noted that a person who is a participant in the common share has the right to a certain ideal share in this property. The Civil Code enshrines the provision that when one of the owners sells his share in the right of common ownership, the other participants have the right to buy this share. This provision does not apply to sales from public contracts.

The person who sells an ownership interest must notify the other participants in writing. In the notification, he must indicate the price and conditions under which the share is sold. If other participants in the common property do not buy the share being sold or refuse to buy it, the seller has the right to sell it on any terms and to any buyer.

When contacting a notary to formalize a transaction for the sale of a share in a common shared property, be prepared to be asked to bring proof that all participants in the property have been notified of the decision. Often, the owners of a common share voluntarily provide the notary with a waiver of the right of pre-emptive acquisition of this share.

Alienation is one of the grounds for termination of property rights. Along with it, according to Art. 235 of the Civil Code, such grounds may be the refusal of the thing, its destruction or loss.

Analysis of the norm allows us to give a clear definition: alienation of a property is any voluntary or forced legal action in relation to property, as a result of which the ownership of it passes to a new owner. The previous owner is deprived of this right.

The law provides for many reasons for the alienation of an apartment or house. In this case, the owner can be either an individual or a legal entity.

The most common methods of alienation of real estate by a legal entity are concluded agreements:

purchase and sale;
donations;
barter;
transfer of property as the authorized capital of another legal entity.

In addition to transactions, the basis for alienation is sometimes a decision of a government body, for example, a court or the Federal Bailiff Service (FSSP).

It is also worth clarifying the question of whether the lease of property is an alienation. Some contracts do not provide for the transfer of ownership. These include agreements on:

transfer of the right to use and ownership (lease);
transfer of administrative rights to trust management;
granting limited use under an easement agreement;
mortgage/pledge;
concessions and so on.

In this regard, they, like arrest, cannot be considered an alienation of property.

The explanations given concern what alienation of an apartment is. This includes purchase and sale, donation and other actions that entail the transfer of ownership of housing. Let's figure out how this happens in relation to land plots.

When voluntarily transferring rights to real estate, the parties, in addition to the contract, must prepare a package of documents. If this is a purchase or sale or a similar transaction, to complete it you must have:

passports of the parties;
a single housing document or an extract from the house register indicating the persons registered in the apartment;
certificate of absence of utility debt;
an extract from the Unified State Register of Real Estate, a certificate of ownership or other title document;
technical documentation for the object (cadastral passport, if it is a house or land plot);
consent from the seller’s spouse or permission from the guardianship authorities;
consent of the buyer’s spouse, if married;
a written refusal to purchase by persons having a preemptive right to purchase, or a document confirming their notification of the sale.

A similar package will be required for Rosreestr for state registration.

A deed of gift is an agreement on the alienation of real estate to a relative or other person free of charge (Article 572 of the Civil Code). The donor transfers ownership of the apartment/land or promises to donate this property in the future. At the same time, he does not have the right to demand from the other party a counter-representation (payment for a gift, other thing or service), otherwise the contract will become invalid.

At any time before the transfer of the gift, the recipient has the right to refuse it. But if the refusal caused damage to the donor, he has the right to compensation.

If a promise of a gift in the future has been formalized, but the financial situation of the donor has deteriorated significantly, he has the right to refuse to fulfill the contract (Article 577 of the Civil Code).

There are no special conditions for concluding this type of agreement. It can be drawn up in simple written form without notarization. Only the transfer of rights to real estate is subject to registration.

We invite you to familiarize yourself with the standard gift agreement.

Persons authorized by the owner have the right to alienate real estate. If the owner is outside the state and cannot come to conclude a transaction or his health condition does not allow him to do so, he has the right to appoint a representative.

The right of a person to alienate the owner’s real estate must be confirmed by a notarized power of attorney.

A typical sample power of attorney for the alienation of real estate is given below.

Such a document, in addition to general information about the principal and the authorized representative, must contain a detailed description of the powers of the representative. In particular:

the actual order for alienation with clarification of the type of transaction;
description of the alienated object, price;
prohibition on reassignment and other restrictions;
other rights vested in the representative: receiving money, re-registration, and so on.

Sometimes housing is owned by several people at once. Depending on whether the owners' shares are allocated, real estate can be joint or shared, which determines the procedure for transferring rights to third parties.

For example, the alienation of a share of an apartment of joint common property is the sale or gift to third parties of the property of the spouses. If one of them, while married, acquired a share in property rights (for example, ½ of an apartment), and this did not happen through inheritance/donation, both spouses are considered owners. Consequently, the sale is possible only with the consent of both.

It’s another matter if the apartment they purchased was divided. For example, after the division of common property, each spouse received ½ apartment. In this case, both husband and wife can freely dispose of their shares.

An integral condition for the sale of a share of an apartment is the alienation of part of the common property in an apartment building. In addition to personal property, MKD also has common property of the owners:

pantries,
basements,
parking spaces,
driveways and so on.

Each of the owners has his own share in it, which he can transfer only along with the apartment. Thus, the transfer of a share in ownership is accompanied by the alienation of a proportional share in the common property.

Forced expropriation

Russian legislation also provides for the forced alienation of property. For example, during confiscation, requisition of real estate, and other cases. The decision on alienation is made by the court. State registration of such an alienation transaction is carried out in two stages:

Initially, it is the transaction that is registered (alienation of property for payment of rent, purchase/sale, donation, etc.);
at the second stage, the transfer of ownership from one owner to another is registered.

To re-register an object of expropriation, you must write a corresponding application to the government agency and submit the following documents:

identification documents of both parties to the transaction;
receipt of payment of state duty;
title documents;
Read also: Requirements for residential premises
other documents that may be needed for each specific situation.

In case of compulsory alienation of property, registration is carried out not by the owner, but by a certain official.

Paid and gratuitous alienation: differences and features

As mentioned above, the procedure for the alienation of real estate can be voluntary or compulsory. This criterion fundamentally distinguishes the different processes of transferring ownership of housing or land. Let's take a closer look at these features.

Voluntary alienation of real estate is a transaction that is an expression of the internal will of each party. Consequently, both parties consciously enter into an agreement and agree to transfer ownership of the property. Only in this case is the alienation considered voluntary.

Voluntariness as an expression of the internal will of a party to a transaction is not respected in the case of signing an agreement:

incompetent, limited in legal capacity or a minor;
a representative of an incapacitated person if the transaction violates the interests of his ward;
representative of the owner, if the power of attorney does not give authority to alienate;
under the influence of delusion, deception, threat or violence;
an owner whose condition did not allow him to understand the meaning of his actions and manage them.

A transaction for the alienation of real estate signed involuntarily by the owner is invalid.

The second criterion by which alienation can be divided is compensation. That is, the alienation of property owned by the Russian Federation or citizens for compensation is the transfer of rights to it in exchange for a material representation. The most common example is a purchase and sale agreement, the consideration of which is the transaction price.

Often property is lost without compensation, that is, without material representation. This happens both compulsorily and voluntarily. In the first case, this is foreclosure on property or its confiscation.

Alienation as a result of a gratuitous transaction is, first of all, an agreement of gift or donation. If the agreement contains mention of a counter-representation (in exchange for a gift), the substance of the transaction is violated. It will be considered invalid.

The question of what alienation of property means is discussed above. It was mentioned that it can be voluntary or forced.

The difference between these concepts is as follows:

Voluntary. In case of voluntary alienation of real estate, consent to this action on the part of the owner is required. Typically, such transactions are carried out by concluding a purchase/sale agreement, exchange or gift. In all cases except the last one, the previous owner receives some compensation for the procedure.
Forced. As the name implies, in this case the owner’s consent does not affect the final result. A classic example is the alienation of land/houses in favor of a regional, municipal or federal owner, i.e. government agencies.

In any case, when an apartment or land is alienated, a citizen loses ownership of it. The difference is that in the first case this happens at the will of the person himself, in the second - without his consent and regardless of his desire.

Sale

In accordance with the provisions of the Russian Civil Code, alienation property may be the object of purchase/sale. In such a situation, the transfer of rights is carried out by drawing up a contractual agreement of purchase/sale of two parties: seller/buyer.

The person selling the real estate specified in the agreement undertakes to transfer it to the buyer, who is accordingly obligated to accept this property by paying the price set for it. Alienation will be carried out only after the contractual agreement is entered into the state register, the right of ownership is transferred from one owner to another.

Important! When purchasing/selling non-residential premises, the transaction comes into force immediately after the parties sign the contractual agreement (in such a situation, state registration is provided only for the transfer of rights).

After the purchase/sale agreement and transfer of ownership rights have been entered into the state register, the property can be considered alienated; accordingly, the transaction can no longer be cancelled. If for some reason the parties change their decision, they will need to enter into a new contract for the purchase/sale of real estate, only they will now change places.

Land alienation

According to Art. 130 of the Civil Code, land plots are also real estate, so their alienation will become the basis for termination of ownership rights (Article 44 of the Land Code). There are no fundamental differences in relation to such objects; therefore, alienation of a land plot means the transfer of ownership of it to third parties, as is the case with other real estate.

In addition, land can be held by citizens for permanent, indefinite use or lifetime ownership (land shares). Since it is not their property, its alienation is impossible.

Alienation of property: we understand in detail

A person who has a specific problem related to the sale, purchase, gift of property, etc., can easily get confused in these subtleties.

General information is not always enough for a comprehensive understanding of the issue. In this case, it is preferable to contact lawyers who can give professional recommendations specifically for your case. The easiest and fastest option is a consultation with our website specialists, who will give a prompt and high-quality answer.

Objects of intellectual property and services are not subject to alienation; this is impossible. In this case, resort to disposal of law.

For example, the ownership of a manuscript can be sold, in contrast to the manuscript itself as a value. The fact of alienation must be registered or recorded in a special agreement.

Package of documents for the alienation of real estate

The right to voluntary alienation of real estate is granted to every citizen who owns it. Alienation of land is not the same thing as selling an apartment. In the latter case, there is a possibility of problems arising.

One of the difficulties is the renunciation of ownership of an apartment if a person owns only part of it (that is, a share), and not the entire object.

This problem is regulated by Article 250 of the Civil Code of Russia. It imposes certain restrictions on the alienation process:

A person selling his share in an apartment is obliged to notify all other owners of his intention in writing. The notice must contain information about the exact price of the property, according to which it will be sold to third parties.
Within 1 month, other owners must either act as buyers or draw up a written refusal to purchase the share. If the second option takes place, it is not necessary to wait 1 month, since it is allowed to begin alienation immediately after receiving the refusal.
If one of the other owners agreed to purchase a share, it must be sold to him, since such persons have a pre-emptive right to purchase the property.

If the owner of the share did not notify other citizens about the upcoming transaction, sold it before the expiration of the term or received a refusal, such alienation of the property will be subsequently challenged by other share owners of the property.

Sometimes, situations arise when obtaining such evidence becomes a difficult task.

The person who is the owner of the alienated share refuses to come to the notary and sign a waiver of the sold share. Or he comes to the notary, but does not want to sign the alienation document, although he verbally gives such consent. In this case, it is necessary to formalize the transfer of the application to him. In this document, the seller must familiarize the owner of the common share with his decision, thereby informing him. As a rule, the application is arbitrary. In this case, you need to provide several specific information:

item of sale;
address of the location of the property;
the price at which the property will be sold or the specific property for which this object of sale will be exchanged.
other terms of sale.

It is worth noting that the seller can change the terms of sale of the property at any time. These changes must be communicated to all participants in shared ownership who may qualify to purchase a share of the property. If the property is sold at a price higher than it was originally set, but under the same conditions, then it will not be necessary to provide repeated evidence that all participants have been notified. If the price has decreased, then such evidence will have to be provided again.

What does the concept of “alienation of property” mean?

Alienation of property is the transfer to another person of various things, shares, securities. Civil law gives a simple definition: alienation of property is the transfer of movable and immovable objects into the ownership of another person.

If we look at this from the other side, we can say that the renunciation of the right to use and the transfer of things for temporary use is not an alienation of property. Also, a waiver of intellectual property rights cannot be included in this category.

Objects of intellectual property and services of various types cannot be alienated. But money and things are what are alienated.

Ownership rights may arise in the following situations: exchange, purchase or manufacture of a thing, donation or inheritance, appropriation of a found thing. Ownership rights can arise in movable and immovable property. The list of objects to which this right may apply is enshrined in the law of the Russian Federation.

And most importantly, this list is constantly growing. The right of ownership terminates if the person abandons the thing or destroys it. An immovable property may be alienated if the land plot is withdrawn for state needs. Also, if the owner improperly uses the land.

When alienating property, different agreements may be concluded between the parties:

purchase and sale;
exchange;
donations.

When drawing up the first contract, the object or thing is transferred to the buyer after payment to the seller of the specified and agreed price. The same story happens when selling property rights.

When concluding a second contract, one person has the right to exchange a thing for another, more important and worth it for him at the moment. In this case, the persons participating in the transaction are both buyers and sellers at the same time.

After all, they undertake to transfer and accept property or an item that previously belonged to another person.

As for the gift agreement, the thing is transferred to the donee. He can use it for free. In this case, the donor has every right to release the donee from the donee’s property obligations.

It is worth noting that the alienation of property can take the form of a donation. It is practically the same as a gift, but only represents the transfer of property for a public purpose. If a person does not fulfill his obligations, then alienation occurs by court decision. A person who previously held title to property loses it when it is transferred to another person. Since the latter immediately accepts this property and has legal ownership.

Alienation of residential premises can be carried out through transactions - this is the most common basis. Regardless of the type of transaction, the transfer of ownership under it must meet certain conditions:

Only an adult capable owner can alienate real estate. On behalf of and in the interests of an incapacitated person, a transaction is concluded by his legal representative. You can entrust the alienation to a trusted person.
The written form of the contract is mandatory, no matter what deal the parties enter into. Notarization is welcome.
Any transaction must comply with the general and special requirements of the Civil Code. For example, a purchase and sale agreement includes a description of the object and its price, but a gift agreement cannot contain provisions for counter representations.
When transferring objects, the rights of third parties must be respected. For example, in accordance with Federal Law No. 159 of July 22, 2008 “On the peculiarities of the alienation of real estate in municipal and state ownership...”, entrepreneurs have the right of first refusal to purchase from the state the real estate they rent. If private real estate was acquired by one of the spouses during marriage, its alienation is possible only with the consent of the second, since it is their common property.
Whatever the basis for the alienation, the transfer of ownership of real estate is subject to state registration. Only after information about the new owner is recorded in the Unified State Register of Real Estate is the property considered alienated.
Only unencumbered real estate can be freely alienated. A lien, mortgage/pledge, or prohibition on alienation will create problems in transferring ownership.

The procedure for the alienation of residential premises is always the same, regardless of the type of basis transaction. It includes several mandatory steps. Let's look at them using the example of a real estate purchase and sale agreement:

Conduct of negotiations. The parties stipulate the terms of the transaction: price, procedure for transferring real estate, division of registration costs, and so on.
Preparation of a draft agreement. The development is usually entrusted to a lawyer, realtor or notary, although the law does not prohibit drawing up an agreement yourself.
Signing the contract. The parties can sign the agreement anywhere. As a rule, this happens in the notary office at the location of the object.
Signing the transfer deed. According to Art. 556 of the Civil Code, such an act is a mandatory condition of the purchase and sale agreement. We recommend that you draw it up in case of concluding other transactions involving the transfer of real estate.
State registration. You can register at the offices of Rosreestr, the nearest MFCs, or online through the State Services electronic service.

What is alienation of real estate, types of alienation

Housing law > Real estate registration > What is alienation of real estate, types of alienation

Transactions related to the alienation of property are often encountered in legal practice.

It is difficult to imagine modern economic and social legal relations in which the fact of sale and acquisition of any real estate is not present.

Individuals use it for living, and legal entities make a profit and use it in their business activities.

Therefore, before concluding any transactions, you need to understand what alienation of real estate is.

By alienation of property, lawyers mean all transactions related to the transfer of ownership from one person to another, for compensation, free of charge or on a forced basis

From a legal point of view, there is no such term as sale or donation of real estate. The concept of alienation of property is applied to such legal relations.

Alienation of real estate means a legal transaction (agreement), as a result of which the owner of real estate transfers the right to it to another person.

The alienator may be individuals, legal entities, as well as the state, represented by territorial or municipal bodies.

The acquirer can be citizens of our state who have legal capacity, as well as legal entities that conduct any (commercial and non-commercial) activities.

Transfer of rights to real estate can occur in the following ways:

purchase and sale agreement, that is, when the owner of the property sells it to another person and receives compensation for this (voluntary alienation);
a gift agreement, in which the owner of an apartment or other object gives it to his relative or other person (including a legal entity) without receiving any remuneration for it (voluntary alienation, without receiving material benefits);
making an exchange in which a piece of real estate is transferred to another person, who in return also transfers some thing or other material benefit (car, jewelry), in essence this is also a voluntary alienation with the receipt of certain material benefits;
gratuitous transfer (for example, during confiscation), or other legal actions by government authorities (requisition).

In fact, the alienation of property is the process of transferring ownership rights to it from one person to another on compensated (receipt of any material benefit) or gratuitous conditions.

It is important to remember that the fact of transfer of rights is confirmed only after the official state registration of rights to any real estate in a special state register.

Voluntary and forced alienation

The legislation provides for different options for the alienation of real estate

It was described above that the current Legislation provides for various methods of legal alienation, among which there is even requisition (forced alienation). In essence, these methods are the same in their legal nature, and differ only in the method of transfer of ownership.

Voluntary alienation refers to such actions of a person, including legal entities, and government bodies that meet his internal desire for the occurrence of such consequences as the transfer of ownership of his object to another person.

Naturally, this can happen for receiving certain material or other benefits. In some cases, a person’s will is aimed at alienation free of charge, then a deed of gift is drawn up.

By forced alienation we mean the actions of the state represented by its authorized bodies that requisition real estate for any legal reason.

This may be a decision of the court or other competent authorities. Requisition is provided for in the Constitution of our state.

These are the features of the alienation of real estate.

It is important to know that the list of cases in which requisition may occur is clearly regulated by current legislation.

If it occurs under another pretext, these are illegal actions for which criminal liability is provided.

Alienation of a share of an apartment, features of such transactions

With shared ownership of property, the alienation procedure becomes significantly more complicated

Among some of the problems that property owners face is shared ownership of a property.

Shared ownership means a situation in which one object (apartment, house) has several owners, and each of them owns a part of it. Naturally, the current legislation protects their rights in the following way.

According to the Civil Code, as well as Federal Law 159 on the specifics of the alienation of real estate, shared owners have the primary right to acquire a share of the property.

Therefore, a person who decides to sell part of an apartment or house, after deciding on the price, is obliged to make an offer to the other owners.

Only after they refuse can you safely carry out the transaction and sell your part to any individual or legal entity. Naturally, this transaction will be notarized.

To avoid any questions from the notary, you can do the following:

Written statements are taken from other owners that they are not against selling the share to another person, to which a photocopy of the applicant’s passport is attached so that signatures can be compared and authenticity can be verified.
The second method, which is more effective, is to invite the co-owners to the notary, and assure them of their refusal in the prescribed (written) form.

You may be interested in: Room at the expense of maternal capital: reality or fiction?

Thus, the alienation of a share of real estate occurs. You need to know about these subtleties. If such actions are not taken, then after the transaction occurs, the other share owner may file a lawsuit to declare the transaction invalid.

The court's decision in this case will unpleasantly surprise both the buyer and the seller, since the contract will be declared invalid, and one party will have to return the money received, and the second, directly part of the property.

It is important to know that if a share is sold for a long time, its value may fall or, on the contrary, increase in price. If the value drops, it is simply necessary to notify other owners.

If, on the contrary, there is an increase, then no repeated consent from the co-owners is needed.

Consent to alienation

Alienation occurs with even greater complications if the owner of a share in the real estate is a minor child

The first problematic case, when the property is in shared ownership, was discussed above. But there are still problematic situations.

This also includes the sale or other alienation of real estate owned by minors and minors (or they are co-owners).

In general, children’s rights are strictly regulated, and many government bodies are on their side, one of which is the Guardianship Council.

He is in charge of all transactions for the alienation of property that fully or partially belongs to children, and it is he who gives consent to all such alienations.

In order to avoid any questions, parents or guardians who decide to sell an apartment where the child owns a part should know the following subtleties:

Before selling real estate, parents must find equivalent housing that is no worse than the one being sold, or has better individual parameters.

If, according to the documents, nothing will be purchased in return, then the board of guardians will not give permission, and if the sale does occur, it will go to court and declare the transaction invalid.

Children who are 14 years old must come to the Board of Guardians (CO) and confirm their consent to the alienation by writing a written statement. If they refuse to do this for any reason, there will be no permission to sell from the OS.

When selecting real estate to replace the one being sold, parents should take into account not only the favorable infrastructure (proximity of public transport, the presence of playgrounds, shops) but also the remoteness of educational institutions where the child will go.

If these conditions are not satisfactory, the board of trustees also has the right to refuse alienation.

It is important to understand that the process of alienation of a child’s property is fraught with many nuances, so both sellers and buyers need to approach such transactions with caution.

Consent to alienation

Another problem is obtaining consent to sell real estate. Here are a few examples where this condition must be met:

The property or share in it belongs to the minor. Before selling, you must obtain permission from the board of trustees. It does not matter whether the minor is under guardianship or not. If the child is already 14 years old, he must first give written consent to a government agency. A prerequisite is the purchase of another housing of equal or greater value with the proceeds.
There is an alienation of an apartment, house, or privately owned land plot that was acquired during marriage. If this occurs, the property is considered the common property of the spouses. Before you sell it, you need to get the consent of the second spouse.

If, in the cases listed above, consent is not obtained (from the guardianship authority or the second spouse), the transaction is declared invalid in court. This will have negative consequences for both the seller and the buyer. The latter should take into account such nuances to minimize the risk of losing funds.

During alienation, the property owner needs to prepare a package of documents. It includes the following papers:

A purchase/sale agreement or other document securing the transaction, including a gift agreement. The transfer of ownership is also possible under an agreement, the subject of which is the alienation of real estate.
Consent of other property owners.
Refusal to purchase, drawn up by citizens owning other shares, in the case of shared ownership.
Documents for citizens registered in the residential premises, if a house or apartment is for sale.
A certificate from Rosreestr indicating the absence of encumbrances associated with real estate. If the transaction goes through a notary, the latter will find out this information himself.

The real estate market is actively used by scammers; the absence of any document is grounds for refusing the transaction. These papers will also be required during registration of the new owner in Rosreestr.

In addition to these, you will have to make two statements:

on the transfer of rights;
on registration of rights.

Additionally, the buyer will be required to prepare copies of an identity document. You will also have to pay a state fee of 350 rubles and provide a receipt confirming the fact of depositing funds.

Donation

Ownership of property can also be transferred as a result of the conclusion of a contractual agreement on its donation. This deal is also bilateral. The duty of the donor is the gratuitous transfer of real estate to the donee, who is obliged to accept it into her own ownership. In this case, the seizure of the property object is carried out after appropriate registration of the transfer of the right of ownership by the donor of the real estate to the donee.

Important! In the event that a contractual gift agreement is drawn up between relatives, then such property values are not subject to taxation. In other situations, the donee pays a tax amount of 13% of the market value of the property (apartment, private house, land, other real estate).

Until the donation is made, the recipient has the right to refuse this transaction. The imposition and lifting of the prohibition on the alienation of property is carried out in court.

Alienation of housing under a rental agreement

One of the options for transferring rights to housing, common among single pensioners, is a rent agreement, which provides for the alienation of real estate in exchange for periodic rent payments and the provision of funds for maintenance (Article 583 of the Civil Code).

Simply put, housing is transferred into the ownership of a person who, in return, undertakes to provide financially for the former owner for the rest of his life. At the same time, the rent recipient continues to live in the transferred premises - he cannot be forcibly evicted.

The new owner can sell the home, but even this does not give him the right to evict the former owner - the rent encumbers the property.

The law allows for the registration of three types of annuity:

Permanent, that is, virtually unlimited, if the expiration date of the contract is not established. The right to claim payment may be transferred to third parties or by inheritance.
Lifetime, that is, providing for payments and other provisions until the death of the annuity recipient.
Lifetime maintenance with dependents. The payer is obligated not only to pay rent, but also to provide the recipient with all the necessary means of life, including housing.

According to Art. 584 of the Civil Code, any such agreement is subject to notarization and registration in Rosreestr.

If the payer violates obligations, for example, delays payment, the recipient has the right to demand payment of a penalty. In case of significant violations of the contract, the recipient of payments may insist on its termination.

A sample document can be found below.

When you cannot alienate real estate

Due to various circumstances, a ban on alienation is imposed on some objects. We are talking about encumbrances, the most severe of which is arrest.

The remaining encumbrances, although they prohibit the alienation of apartments and land, but only without the consent of the person in whose favor they are imposed. If there is consent, the ban is lifted. Such encumbrances include:

mortgage;
pledge;
notarial prohibition of alienation of property.

Any of them is registered in Rosreestr and reflected in the Unified State Register of Real Estate.