How to find out whether a Land Plot of Gift has been Seized

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the debtor must either pay the required amount in full, or do it partially, but at the same time agree on a new payment schedule;
If a person manages to find a compromise solution when it is impossible to repay the debt at once, then the creditor can withdraw his claim from the court and terminate enforcement proceedings against the defendant.

Why can a land plot be seized?

If all documents are in order and the judge has no additional questions, then notifications of their summons are sent to the parties, indicating the date and time of consideration. During the consideration, all the circumstances are clarified from the parties, after which the judge decides whether to lift the arrest from the land or not. If a party (regardless of whether it is the plaintiff or the defendant) is not satisfied with the decision, it has the right to file an appeal before the expiration of the period for appeal, after which all materials will be transferred to a higher court, which is authorized to carry out a review.

Info

It is also possible to print the document. The received message arrives by email in an unreadable format. And to make it readable, you have to do several extra steps, and the graphical plan of the site is not always displayed correctly. Easy to order and receive a document The service has an intuitive interface.

All fields can be filled in easily and without any questions. There are much fewer of them than on the Rosreestr website. Another plus is that a passport is not required to complete the application. On the Rosreestr Internet portal, it is difficult for an ordinary citizen to understand what and how to fill out, and passport data must be indicated when filling out a request.

The service is the leader in three indicators. It is much easier and more convenient to order through it; it will be done in a shorter time and in a convenient readable form. Despite the same cost (RUB 2,250), it works faster.

A land plot has been seized: how to remove it

A land plot may be seized, and the most common reason is a contestation of the right to own a land plot, or a seizure may be imposed on a land plot that is pledged. A seizure of a land plot may be issued by government law enforcement agencies in connection with an illegal registration procedure or transfer of rights to an object. The arrest limits the owner's rights to real estate; he cannot transfer it as a gift or pledge, or sell it.

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Seizure of the debtor's land plot by bailiffs: causes and consequences

In some cases, the arrested plot of the debtor is the object of inheritance. At the same time, until the moment they receive the documents, the heirs may not have any idea about the specifics of their future property. And then the question of how to remove the seizure imposed by the court from the land plot will face them especially acutely.

Under what conditions can a land plot not be seized?

Information is available in an extract from the Unified State Register of Taxes, which can be obtained no more than 3 business days after submitting the request:

at the Rosreestr office;
in the Multifunctional Center (MFC);
online;
through on-site service.

It is better to use method No. 2 using an extract from the Unified State Register of Real Estate (for a land plot). Method No. 2 - extract from the Unified State Register for 250 rubles. Rosreestr uses an outdated XML format that is poorly compatible with most programs; it also takes time to convert documents created in it into a readable form, and, as practice shows, the graphical scheme may be lost during conversion or become unusable;

We had to wait an average of 47 hours from Rosreestr; With Whotam.pro, statements are immediately sent in readable form and can be opened both on a computer and on a smartphone. There is no need to install any additional programs. You will receive an extract from Rosreestr in an unreadable .xml format.

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Topic: How to find out if there is a seizure on a land plot via the Internet

↓ If instead of addresses the message “Data that matches your request was not found. Try changing the request or use the search using outdated numbers” - this means that the wrong address and cadastral number of the plot was entered. I advise you to double-check and enter again.

The service is paid, which can be paid in several ways directly on the portal. Depending on the option chosen, the statement will be sent to the applicant in an electronic file by mail or in paper form via postal services.

Land donation agreement

Photo: checking debt on the FSSP website If, after entering the data, the system showed no information, then there are no arrests, and if there is no specific case on the list, then restrictions on the use of the car have been lifted. If the decision was made positively, but the arrest is still listed in the system, then you need to either wait another day or two, or contact the bailiffs for clarification. This is the surest way to determine whether the lien remains on the property or whether it has been removed. Moreover, it is free, and the verification procedure takes place in a matter of seconds and does not even require registration.

How to find out why a land plot was seized

It can be applied if the amount of debt is large and commensurate with the value of the property. In addition, most often government officials take such measures in a situation where the debtor does not have enough money in his accounts that can be used to cover the claim. But in the case of the seizure of real estate, there are also some nuances that citizens should know.

Important

Currently, it is legally prohibited to apply this measure if it concerns the only dwelling and the land plot on which the house is located. Legislative framework Currently, the legislation of the Russian Federation allows, in certain situations, to seize various property of people and companies, including land plots. This restriction is specified in the Civil Code of the Russian Federation and can be applied along with other measures to protect the rights of citizens.

Find out if the land has been seized

I do not recommend checking the encumbrance on the Rosreestr website . Let me explain: any encumbrance or restriction on real estate undergoes state registration and is included in the Unified State Register of Real Estate (Article 131 of the Civil Code of the Russian Federation). Abbreviated as EGRN. Rosreestr either does not update information from the Unified State Register on its own website often or uploads it incorrectly. In the USRN itself, the information is correct and up-to-date; only the information on the site itself is “lame”. Plus the data is not complete. For example, if the plot is pledged due to a mortgage, it is not shown which bank.

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Seizure of the property of the debtor's spouse

So, the property of each spouse is the property that belonged to them before marriage, as well as gifted or inherited during the marriage. Well, there’s also all sorts of personal stuff (toothbrush, panties...). Everything else is considered joint property of the debtor and spouse.

In the event that a bailiff refuses to seize property registered in the name of the debtor’s spouse, citing the fact that the debtor’s spouse is not a party to the enforcement proceedings, the claimant can take the following routes:

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We will find out for ourselves about the existence of an encumbrance on a land plot online

We do not have case law; the courts are guided only by laws and regulations.
Website development - Web Studio 73. It is not necessary to fill it out, but it will help us answer your question faster and more accurately.
Get a ruling If the court rules on your side, a copy of the court decision will be sent to Rosreestr and the FSSP, and you will be issued a new certificate of renewal of property rights.
To do this, the creditor must first go to court and obtain the appropriate court decision.

What can bailiffs do?

The bailiff is obliged to fulfill the requirements of the writ of execution within two months. But in practice, it is not always possible to meet this deadline. If the debtor is a functioning legal entity with money in bank accounts, the situation is simple. But in other cases, it is very difficult to find the entire amount of debt from the debtor for two months.

How to delay a bailiff's visit

First of all, the bailiff is interested in money, because it can be used immediately after withdrawal. When the debtor does not have Russian rubles, the bailiff looks for bank accounts in foreign currency and precious metals. If there is no money in the accounts, the bailiff will carry out the court decision in a long way: search, seize and sell the property.

Furthermore, in accordance with Art. 79 of the Federal Law “On Enforcement Proceedings”, bailiffs cannot seize a plot if the debtor’s only home is located on it (an exception is possible only in cases where mortgaged property is involved).

Initiating enforcement proceedings against the owner (for example, if you have a debt for alimony, be prepared for the fact that the FSSP may seize your real estate);
The emergence of a dispute about the ownership of a land plot (in this case, an arrest may be imposed if there are fears that the land plot will be alienated before a court decision is made);
Formation of tax debts (debt to the Federal Tax Service can also cause the seizure of your land plot).

Who can seize a plot of land?

The decision to seize the land plot was made erroneously (for example, the plot does not belong to the debtor, but to his namesake);
The grounds for arresting the land plot have disappeared (for example, the debtor has paid his obligations and paid his debts).

8.1. Good day. Yes, bailiffs can seize the right to lease a land plot. Federal Law of October 2, 2007 N 229-FZ (as amended on December 28, 2020) “On Enforcement Proceedings” Article 68. Compulsory enforcement measures

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1. The right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws.

Advice from lawyers:

A pledge is not a basis for prohibiting the imposition of any arrests/restrictions by supervisory and judicial authorities, but the pledge holder has a preferential right to satisfy his claims over third parties. My colleague's answer above is incorrect.

In its ruling (case No. 78-KG15-42), the board indicates that arrest as an enforcement action can be imposed by a bailiff “in order to ensure the execution of a court decision containing demands for property penalties” (Clause 7, Part 1, Art. 64 and part 1 of article 80 of the law on enforcement proceedings).

Experts interviewed by Pravo.ru support this point of view. “We should agree with the position of the RF Armed Forces,” says Pavel Khlustov, partner at the Barshchevsky and Partners Bar Association . — In this case, the arrest was imposed not for the purpose of foreclosure on the property, but in order to prevent the debtor from alienating the apartment. In such a situation, the seized property is not subject to forced sale in order to satisfy the creditor’s claims, but only creates the prerequisites for the debtor not to alienate it in bad faith or encumber it with the rights of third parties.” The lawyer finds that this decision will form the basis of new judicial practice. “It is very good that the RF Armed Forces recognized this line and resolved the case correctly. This precedent is intended to reverse the practice of lower courts, which usually recognize such arrests as illegal,” Khlustov clarifies.

The Plenum explained differently

Three judges of the Collegium for Civil Cases: Vladimir Khamenkov, Elena Gorchakova and Lyudmila Kalinina - considered the acts of the lower courts to be “incorrect and subject to cancellation”, since their conclusions are based “on an incorrect interpretation of the norms of substantive law.”

Having checked the validity of the arguments set out in the application and the speech of the representatives of the parties present at the court hearing, the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation came to the conclusion that the management’s application must be satisfied due to the following.

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How to check if

If he indicates the wrong region or if you need a different city, click on the button and select the one you need in the drop-down list on the left side;

then click on the line;

on the tab that opens, click “I don’t know the cadastral number” and at the bottom select “turn on cadastral grid”;

select the desired area (for convenience, use the mouse wheel to zoom in/out on the map), and the cadastral number and address of the property will be displayed in the drop-down menu. Copy this data.

Click on the line containing the site address. If you strictly followed the instructions and did everything correctly, however, in the window that opens you see not one, but two addresses, then most likely the service shows you information not only about the site, but also about the buildings on it. Click on both lines with addresses and see the information in more detail.

Checking the legal purity of the transaction before purchasing a land plot

The ordering method that we use ourselves The document is provided in both paper and electronic versions, and anyone can receive it (even a foreign citizen) for any property in the Russian Federation. To find out whether there is a seizure on a land plot, it is enough to receive it in electronic form and print it. After payment is made, it is immediately sent to your email address. Previously, we used the services ourselves, but now we place orders only through the service. There is no difference in price: both in Rosreestr and the cost is 2250 rubles. c in the same way has an electronic digital signature of the Rosreestr registrar who issued it. Therefore, those received through documents are similar to those received from Rosreestr in terms of reliability and legal significance. But, in our opinion, it is still easier to get through the service. Now we will explain why.