How to choose a plot for agricultural activities?
In order not to make a mistake when purchasing agricultural land in the Moscow region, take into account the specifics of your business. The admissibility of conducting certain activities on the site depends on the permitted use, the availability of communications, and the possibility of connecting them. Our database contains areas with the following types of permitted use:
- agricultural use;
- agricultural production (arrangement of arable lands, pastures, vineyards, planting fruit trees, etc.);
- maintaining a peasant (farm) economy (joint ownership of land and conducting economic and production activities on it);
- country house construction, etc.
Animal husbandry, horticulture, market gardening, hunting and fishing are just some of the activities in the agricultural sector. Our company sells agricultural land of various types and purposes - call our managers and they will help you with your choice!
Land issues
Article 621 of the Civil Code of the Russian Federation establishes the pre-emptive right of the tenant to enter into a lease agreement for a new term. In this case, the tenant must notify the landlord in advance of his desire to enter into a new agreement. If the landlord refuses the tenant, but at the same time, within a year after the end of the lease agreement, enters into a new lease agreement with another person, then the tenant has the right through the court to demand the transfer of rights to him under the new lease agreement and compensation for losses caused by the refusal to renew the agreement.
Bidding for the sale of a share in the right of common ownership can be carried out with the consent of all participants in shared ownership or without their consent if the participants refuse to buy out his share from the owner. When selling a share to one of the participants in shared ownership, it is not necessary to notify the other participants.
Interesting read: How to get category a with b
How is the price for an agricultural plot determined?
The cost of agricultural land for summer cottage construction, gardening or farming depends on the following factors:
- land fertility;
- relief of the site;
- wind protection;
- proximity to reservoirs and water sources for irrigation;
- distance from roads;
- the presence of asphalt and crushed stone entrances;
- difficulty in installing utilities.
Sale of agricultural land in the Moscow region is our specialization. We have thoroughly studied the features of this area and sell plots from the owners, having previously inspected them and carefully checked the documents.
How is the pre-emptive right to purchase a land plot exercised?
If it is planned to sell an agricultural plot to a private person, then the municipality and the state have priority rights. The seller is obliged to notify institutions of his intention to complete a purchase and sale transaction. The notice indicates the price, characteristics of the site and deadlines for implementation. The period cannot exceed 90 days.
If the tenant wishes to exercise his right, he must notify the landlord. When the landlord refuses to issue a new contract, he cannot rent the property to another person for a year. Otherwise, the previous tenant has the right to defend his rights in court.
20 Jan 2020 uristland 216
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Advantages of purchasing agricultural land at EKOZEM
You can buy agricultural land from us in the Moscow region at a low price and with a guarantee. A staff of experienced lawyers will ensure the purity of transactions, help in drawing up a purchase and sale agreement, land registration, etc. Our catalog contains the best offers in developed areas of the region. Leave a request on the website and we will choose the best option for you!
Our company Ecozem LLC is engaged in the sale of land for agricultural purposes. From us you can buy agricultural land in the Moscow region by leaving a request or calling the phone number listed on the website.
Preemptive right to purchase agricultural land
Should this be interpreted as a separate type of salary? Or does this mean agricultural land not encumbered by real estate? If the first, then the legislator delimited agricultural lands and their regulation by this law from the Land Code. If the latter, it means that in any case the law regulates your relationship, and the administration is right.
I think the administration is right - because. in your situation the first option. The categories of land are personalized - there are “land for agricultural purposes”, and land allocated for buildings (literally). If you think like this, then in any case, whether you have buildings or not, this is a different category of land.
Features of transactions with agricultural land plots
The procedure for making transactions with land plots from the category of agricultural land is specified in the Law on Land Trafficking, which regulates in detail the specifics of only two such transactions: purchase and sale and lease. The very possibility of foreigners being subjects of land ownership raises a number of doubts, which were considered by the Constitutional Court of the Russian Federation at the request of the Murmansk Regional Duma. The court indicated that there were no violations of the Russian Constitution.[3]
The first feature of the purchase and sale of these lands is the legislative limitation of their subject composition
, namely the ability of foreigners to be subjects of private property rights to agricultural land plots. As follows from Article 3 of the Land Turnover Law, foreign citizens, foreign legal entities, stateless persons, as well as legal entities in whose authorized (share) capital the share of foreign citizens, foreign legal entities, stateless persons is more than 50% , may possess land plots from lands of this category only on a lease basis.
Secondly, according to paragraph 2 of Article 4 of the Land Turnover Law, the maximum size of the total area of agricultural land, which is located on the territory of one municipal district and can be owned by one citizen and (or) one legal entity, is established by the law of a constituent entity of the Russian Federation equal no less than 10% of the total area of agricultural land located in the specified territory at the time of provision and (or) acquisition of such land plots.
This norm has received a sharply critical assessment in the scientific legal literature, since the indication in Article 4 of the Land Turnover Law on the possibility of a person to own no less (that is, only more) than 10 percent of the total land area means that subjects of the Russian Federation can choose any size - 50 percent, or even all 100 percent of land plots from agricultural land, which must be owned by one person. Accordingly, three or four oligarchs can divide all the commercial agricultural lands of the country. In addition, it was noted that the implementation of this norm will lead to the concentration of political power in the regions and in Russia as a whole in the same hands, and power will become an appendage of the owner, and also that the dispossession of peasants will lead to a massive outflow of the population to the cities and an increase in social tension. [4]
Thirdly, it is necessary to highlight the features of the procedure
purchase and sale of agricultural land. They consist in the fact that a subject of the Russian Federation or, in cases established by the law of a subject of the Russian Federation, a municipal entity has a pre-emptive right to purchase such a plot of land at the price for which it is sold, with the exception of cases of sale at public auction.
The seller of a land plot of agricultural land is obliged to notify in writing the highest executive body of state power of a constituent entity of the Russian Federation or, in cases established by the law of a constituent entity of the Russian Federation, a local government body of the intention to sell the land plot, indicating the price, size, location of the land plot and deadline, before after which mutual settlement must be made. The period for making mutual settlements for such transactions cannot be more than ninety days.
If a subject of the Russian Federation or, in accordance with the law of a subject of the Russian Federation, a municipal entity refuses to purchase or does not notify the seller in writing of its intention to purchase the land plot being sold within thirty days from the date of receipt of the notice, the seller has the right to sell the land plot within a year to a third party at a price not lower than that specified in the notice.
When selling a land plot at a price lower than previously stated, or with a change in other essential terms of the contract, the seller is obliged to send a new notice according to the specified rules. A transaction for the sale of a land plot made in violation of the pre-emptive right to purchase is void (Article 8 of the Law on Turnover).
A separate procedure is provided in cases of public auctions (Article 5 of the Land Turnover Law), which are carried out if a person, on the grounds permitted by law, has a land plot of agricultural land or a share in the common ownership of a land plot of agricultural land and this entails a violation of the requirements of Art. 3 and (or) paragraph 2 of Art. 4 of the Land Turnover Law. Such a land plot (part of a land plot) or share must be alienated by the owner within a year from the date of emergence of the ownership right to it or the ownership right to shares in the common ownership of the land plot, while the law does not specify whether such alienation is possible through a gratuitous transaction (for example, under a gift agreement).
In case of violation of these requirements, the body carrying out state registration of rights to real estate and transactions with it is obliged to notify the executive body of the constituent entity of the Russian Federation in writing within ten days. The latter, within a month, is obliged to apply to the court to force such an owner to sell a land plot or a share in the common ownership of a land plot of agricultural land at auctions (competitions, auctions), and in the absence of a person who has expressed a desire to purchase a land plot or share in the common ownership of a land plot, they must be acquired by a subject of the Russian Federation or, in cases established by its law, a municipal entity at the market value prevailing in the given area.
In addition, bidding is provided for in cases where land plots are provided for ownership (lease) to citizens and legal entities from agricultural lands that are in state or municipal ownership (Article 10 of the Land Turnover Law). As an exception to this rule, paragraph 4 of this article provides that a land plot leased to a citizen or legal entity may be acquired by such a tenant in ownership at the market value prevailing in the given area, or at the price established by the law of the subject of the Russian Federation, upon expiration three years from the date of conclusion of the lease agreement, subject to proper use of this land plot. The decision to provide a land plot for ownership or to refuse to provide it for ownership must be made within 30 days from the date such a tenant submits an application in writing to the executive body of state power of a constituent entity of the Russian Federation or a local government body that has the right to provide the relevant land plots in within their competence.
For rent
(as well as ownership) only land plots that have undergone state cadastral registration can be transferred, including land plots that are in shared ownership. In the latter case, the lease agreement for such a plot is concluded either with the participants in shared ownership, or with a person acting on the basis of powers of attorney issued to him by the participants in shared ownership and certified by an official of a local government body or by a notary.
The lease agreement for an agricultural land plot may provide that the leased land plot is transferred to the ownership of the tenant upon the expiration of the lease period or before its expiration, subject to the tenant paying the entire purchase price stipulated by the agreement, taking into account the provisions established in Articles 8 and 10 of the Land Turnover Law features. Unless otherwise provided by law or the lease agreement, the tenant who has duly performed his duties, upon expiration of the lease agreement, has, other things being equal, a preferential right to conclude a lease agreement for a new term.
A lease agreement for an agricultural land plot can be concluded for a period not exceeding forty-nine years. The minimum lease period for an agricultural land plot is established by the law of the constituent entity of the Russian Federation, depending on the permitted use
agricultural land leased (clause 3 of article 9 of the Law on Land Turnover).
The latter norm is very difficult to apply due to the fact that the permitted use of a land plot presupposes its use in accordance with the requirements of town planning regulations, which are not established for agricultural land (Part 6 of Article 36 of the Civil Code of the Russian Federation). Therefore, taking into account the above dependence
impossible in principle. The very appearance of such a norm is due, we think, to some inconsistency of the RF Civil Code itself (as well as its predecessor). Thus, according to Part 5 of Article 37 of the City Code of the Russian Federation, decisions to change one type of permitted use of land plots for which town planning regulations are not established to another type of such use are made in accordance with federal laws.
On the one hand, it is quite clear what the legislator had in mind here. Changes in the parameters and types of use of agricultural land are carried out in accordance with the Law on the transfer of land from one category to another. Therefore, if a land plot is transferred from agricultural land, for example, to the category of settlement land, then the urban planning regulations define in detail the types of its permitted use (Part 1 of Article 37 of the Civil Code of the Russian Federation). On the other hand, based on the definition of urban planning regulations formulated in Article 1 of the City Code of the Russian Federation, it is obvious that in the absence of it (not established), no permitted use of the land plot arises.
Purchase of agricultural land
- Subject of use.
- Purposes of use (agricultural production, creation of restrictive plantings, educational, research and other tasks related to agricultural activities).
- Land cost.
- Characteristics of real estate objects firmly connected to the site.
The intended purpose of land is the order, limit, and conditions of use of the territory established by current legislation for certain activities in accordance with categories. The mode of their use is determined by a set of rules for operation, inclusion in civil circulation, protection, accounting and monitoring. The above concepts are reflected in urban planning and land management documentation. Regimes of use and purpose of land are not considered immutable categories. They are systematically reviewed by local and state governments. Categories of land are reflected in the relevant decrees and decisions on the issue of providing plots or determining a special regime for their use. These documents are accepted by executive and local authorities.
26 Jan 2020 etolaw 323
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Purchase of agricultural land under lease
2. To transfer ownership without waiting three years for rent, I want to use clause 5.1. Art. 10 Federal Law No. 101 ON THE TURNOVER OF AGRICULTURAL LAND, i.e. I am registering a farm and sending documents for the purchase of land. It's real? Considering that they will help.
In this case, the price of such a land plot is set at no more than 15 percent of its cadastral value, and the rent is 0.3 percent of its cadastral value. The local government body of the municipality that owns the land plot allocated as land shares, located in municipal ownership, no later than two weeks from the date of emergence of the right of municipal ownership of such land plot is obliged to publish in the media determined by the constituent entity of the Russian Federation and post on its official website on the Internet (if available) information on the possibility of acquiring such a land plot under the conditions provided for in this paragraph.
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After all the necessary documents have been collected (cadastral documents may also be needed - passport and site plan), the application will be reviewed by representatives of the administration and, in case of non-compliance with the requirements of the rules for the preferential acquisition of the site, an auction will be scheduled.
