Plots of land are ... Plots of land as real estate

Law

Human life is connected with the earth. On it there are houses, fruits grow. There are many answers to the question about what a plot of land is. This concept can be interpreted in different ways. Transactions with land are carried out on the basis of legislation.

Land and plot

Earth in the broadest sense is called the planet, onwhich all people live. It is a world around with a different landscape, populated by plants, animals, man. But such a definition does not imply its use in economic activities.

In the Land Law, the land is called the surfaceplanet or natural resource, which is used in the national economy (Land Law 1.1). Its subsoil allows you to extract minerals, on the surface of construction, the work of the agricultural sector.

Given the law, what are land plots? The definition allows you to decipher this concept more fully. Since the land is someone's property, all transactions are governed by the state. Land - this is part of the surface, having a location, status, area. Information about them is in the Unified State Register of Enterprises and Cadastre. Not all the land is used on the farm, but only some parts, allotments. The plots are indivisible and divisible.

As a property

Legislation deciphers landplots as real estate objects. Article 11 of the Constitution states that land is considered to be a public property. In this case, it is state, municipal or private property. The land plot can be sold, bought, transferred to other persons.

In Russia there are 2 types of land: not arriving in the turnover of land and those that are the object of real estate. Turning into a turnover, the site acquires a price and becomes a commodity. The land plot should be used for its intended purpose. For example, it can be designed for construction. When used for other purposes, liability is foreseen. To the site became a real estate, in addition to the cost it should have some signs.

Symptoms

According to them, it is determined that this is a land plot. The characteristics of it are as follows:

cadastral number;
numbers of all parts of the site;
address;
requisites of the owner;
located on the site of construction;
boundaries of the site;
status of the site.

Is it considered a thing

Under Article 130 of the Civil Code of the Russian Federation, land plots areimmovable thing, with which various transactions are performed. In this regard, there are different consequences, property rights. The declared land plots are the territories whose area and boundaries are not defined as required by law. After surveying and establishing the area, it will be in the category of specified.

Object of evaluation

All land used in the national economy,is a financial instrument, as it brings in revenue. And it is considered as a separate site or part of the property. The estimation takes into account the purpose:

mining;
agricultural work;
forestry;
development of the economic and social sphere;
formation of an environment for living of the population;
environmental Safety.

Forest area

The Forest Code (ch. 1, article 7) states that land is the same as forest land. One-way transaction is carried out by the decision of one party. This can be a will drafting.

The Constitution states that land is consideredpublic domain. Land can belong to a specific person. It will become immovable property after registration and obtaining a cadastral number. After that there is the right to perform various actions - sales, renting.

Agricultural industry

It is allowed to conduct economic activity on such territory, which will allow:

grow crops;
produce cereals;
receive fruits, berries;
raise animals;
breed bees.

For each farm requires the construction of certain buildings. On such a territory, you can organize your business.

Country construction

Land can be used forbuilding In this area it is allowed to grow crops for personal consumption. Sometimes registration is required, but sometime not. It all depends on the location of the territory.

Housing construction

Residential buildings are being built on the territories of individual housing construction. It is not necessary to divide into apartments. The height of the house can not exceed 3 floors. In addition to private property, there may be farm buildings, for example, garages. The placement of ancillary facilities, fruit trees, crops. But this is probably only with the presence of the house. Create only a garage or build a garden in the absence of housing will not work.

Private household

What is the land for personalfarm? This is a territory for cultivating a garden, vegetable garden, growing agricultural plants. Construction of objects is not forbidden, besides you do not need to obtain a building permit. But if the land is located in the same village, permission can be obtained. If the site is located outside the boundaries of the settlement, then it is possible to build a residential building on it, but register there will not work.

Farm

Some lands are forpeasant farm. And the owner should do the work. This may be breeding livestock or poultry, growing trees and vegetables. The owner must have the status of IP.

Turnover limitations

This concept implies the possibility of alienation.or moving from one person to another. The restrictions mean that for some reason the land is limited in use or withdrawal from circulation. Such property may not participate in private property transactions. This applies to sites:

protected area;
forest fund;
municipal areas;
for communication and defense.

The entire list of restrictions is specified in the Land Code of the Russian Federation (article 27).

Types of transactions

The subject of the transaction may be a certain objecttherefore, the cadastral passport is attached to the contract. If this norm is not observed, the procedure will be invalidated. Notarization is obligatory at will, mortgage, rent. In other situations, this is done at the request of the parties.

The most common transaction is the sale. The law also provides for other procedures for the alienation of land, for example:

mortgage security;
exchange of land;
rental;
contribution to share capital;
land trust management;
transfer to inheritance, as a gift.

All rules relating to real estate areto the ground. But there are features of transactions with sites that restrict the rights of owners and users. The acquisition of land does not provide the right to change its purpose. All restrictions remain with the transfer of ownership.

Land and structures built on itinseparable from each other. If they have one owner, then separate sale is prohibited. Buying a property gives the owner the right to privatize the land and objects.

The condition of the sale transaction is consideredcost, which should not be higher than the cadastral price of the plot. If real estate, which is state property, is sold, the price is determined by the authorized bodies. The sale of the plot will be invalidated if the interests of the owners have not been taken into account. If there are several owners, the land is indivisible.

Real estate transactions are considered risky. It is advisable to carry them out accompanied by professional lawyers, which will prevent many problems. Land is considered an investment object, and therefore fraud is not uncommon.

Registration of transactions

Legal registration implies stateregistration of a transaction agreement and transfer of rights. But compared with other property procedures preceded by a long registration area. Together with the contract must be a cadastral passport. It is needed because of the geodetic works, the transfer of rights, if the purchase and sale transaction is executed.

If the right is not registered, the ownerwill be considered the seller. Confirm this entry in USRR. To terminate such a contract is required to formalize the agreement. Then the registry entry appears on the termination of the transaction. A certificate of right confirms the legality of ownership of the site. Upon termination of such an agreement, the agreement should include information on the return of property and registration of the transfer of rights. This is required to take into account with the filing of an application to the court.

Land is owned by someone. It is necessary to consider the purpose of the land before its acquisition. Plots can be inherited, rented. All transactions with them are carried out on the basis of legislation.