How to sign a contract for the sale of a house and land plot
The transaction related to the transfer of ownership of a plot with a structure built on it has a special feature – the contract reflects two objects: a house; a plot of land. The legal basis for such transactions is the Civil and Land codes of the Russian Federation, as well as the Federal law "on state registration of real estate". A necessary condition for the legality of the actions performed is the cadastral registration of two real estate objects.
In practice, there are situations when the homeowner does not have rights to land. Selling a home without land is not possible in accordance with article 35 of the Land code of the Russian Federation. If the house is located on a leased plot of land, then a contract for the purchase and sale of a construction structure is drawn up and the right to use the land is described.
Permissible forms of the contract
The law provides for the conclusion of a contract for the sale of a house and land in two forms: a simple written one (contractors register contractual relations, sign the text of the document, then the papers are transferred to the Federal register for registration); a notarial one (mandatory for the alienation of objects belonging to a minor or incapacitated owner, or for the alienation of a share of the property).
Content of the agreement
The subject of the contract of sale of private land ownership with the house is formulated on the basis of the title documents of the owner. The contract specifies the date and place of conclusion of the agreement, as well as the passport details of the seller and buyer, information about real estate objects.
In relation to the house being sold, the following should be noted: the actual address of the building; the area; the cadastral number; the date and number of registration from the usrn statement.
For allotment of land, the following should be noted: the actual address of the plot; area; cadastral number; category of land and its purpose; date and number of registration from the usrn statement.
According to the terms of the agreement, the seller is obliged to transfer to the second party a plot with a residential building for a certain cost. The monetary amount is indicated in figures and words. It is important to document the payment procedure, the conditions for transferring objects for use after registration in the Federal Register, the rights and obligations of the parties, and the procedure for resolving possible disputes.
The contract of purchase and sale of the house and land plot signed by the participants of the transaction is provided to the Federal register as a basis for the transfer of ownership. The state registration of immovable objects is confirmed by an extract from the usrn.
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