Cadastral cunnings. How to buy the land?
the Land legislation in our country special. No, actually I very much love it because it gives such food to a brain that to it threatens to lose functionality " not soon; gray sections “. And all this would be amusing, and places and ridiculously if behind concrete situations there were no specific living people to whom from - for these features sometimes it is necessary very hardly.
And there is it not from - for laziness or nonsense of the individual who is going to buy to themselves a wheelbarrow, and most often from simple ignorance where the necessary concepts are registered. Would know where it is written - would esteem, truly? And so, having come across once again the impudent realtor who desired to sell me the land plot which I owing to it (a site, but not the realtor) characteristics will not even be able to register not that the rights to issue, I decided to give a small educational program here. Earth it is good
, but not always well for nervous system
was Bought by my acquaintance to himself two nearby (adjacent) uchastochka. Uchastochki good such, hundred parts on 20. Also decided not to waste time on trifles, and to unite them, to build up to itself a lodge and to be closed up by the barin. Demolished a small fence between sites, improved everything, and then took documents and was before eyes of registrars of real estate are clear. And here that also waited his big disappointment - not to be to it a barin.
The first - sites cannot be united. The second - it is impossible to register the property right to the house. There was this opportunity because my acquaintance did not study attentively cadastral passports which received from sellers upon purchase of sites. And in the first of them such piece was specified: category of lands - the earth of agricultural appointment, purpose - for truck farming. In the cadastral passport of the second site it appeared: category of lands - the earth of settlements, purpose - for IZhS.
Actually, an educational programis applied by
In our land legislation the principle of purpose of the earth - that is for what this or that site can be used. This information is displayed in the cadastral passport, and also in the certificate on the state registration of the right.
Besides, the earth is divided also by categories. Let`s begin with the last because it is so more correct. Categories in the Land code (and it is necessary to look for information on this question exactly there) only seven, all earths in Russia belong to any of them:
1) earth of agricultural purpose;
2) earth of settlements;
3) the earth of the industry, power, transport, communication, broadcasting, television, informatics, the earth for ensuring space activity, the earth of defense, safety and the earth of other special purpose;
4) the earth of especially protected natural territories and objects;
5) earth of forest fund;
6) earth of water fund;
7) earth of a stock.
In general that for the earth in each case, is visible from names of categories. Therefore I will not go deep further into this question.
For each land plot the purpose, and only one is provided. Other concept - " is sometimes used; a type of the allowed use “ (LIE), but this same. And here to you the list of the main purposes which you will face upon purchase of the land plot:
For the individual housing construction (IHC) . On such site it is possible to build the house not only, but also it is extremely desirable. If the site is empty, then you can be fined for inappropriate use. In the theory - to withdraw a site (quite lawfully). However, I did not hear about precedents.
For maintaining the personal subsidiary farm (PSF) . Such sites are intended for cultivation of crops: vegetables, fruit. And here you can build a lodge, and you can not build - your business.
Seasonal dacha . Most “ democratic site “. You want - build a lodge and register in it, and you want - build nothing, grow up something, florets, tomatoes.
Garden site . Here at least one tree (fruit), but you are obliged to put. To build the house - besides your business. And it is good to steam of bushes (berry) right there to put. Such site is intended for rest therefore to a tree and a bush it is possible to add also just green lawn.
Subtlety : it seems as the Constitutional court made recently the decision according to which on a garden site you can construct a lodge and register in it if the garden site is within the settlement. But for the present in practice you should sue out that the judge made the decision that your lodge is suitable for full-time residence.
Garden site . Here you are simply obliged to become the notable gardener - obligatory cultivation of berry, vegetable, melon or other crops, and construction of capital residential buildings is forbidden.
Out of a situation with purchase of giving or a lodge in the village of purposes it is more, but in one article not to contain them and it is not necessary for a case in point.
the Correction of mistakes
Having returned to a situation of my acquaintance, you now, perhaps, you will understand a root of its problems better. The legislation forbids association of two and more sites of different categories of lands , and the cadastral chamber will write out to you “ refusal “. It is possible to merge only sites of one category.
Refused to my acquaintance registration of the rights for a mansion because the house is built, it turns out, it is illegal because there is it on the land plot with the resolved type of use - for truck farming.
The solution of its task theoretically is - it is transfer of one of sites to category of another, but this way is twisting and thorny. If your site is in the Moscow region, then only the government of the Moscow region can make the decision on the translation of lands. I will not paint a trajectory of the movement on this way, I think, everyone imagines that it for “ purgatory “. It is better to refuse purchase of a site, as if you were assured by the seller that change of category - trifling matter. Here let at first will change, and then will sell to you.
To logician of allocation of lands, when two sites of different category appear in the neighbourhood to understand often rather difficult therefore only attentiveness, attentiveness and once again attentiveness when studying documents on real estate.
There is a small hint : within the settlement the earth can be only one category - the earth of settlements.
By the way, here besides there are tricks which dishonest sellers sometimes use. We have in the country such concept - zoning of territories (see. Town-planning code). And so, according to it, can be a part of lands of settlements inhabited, socially - business, production zones, zones of agricultural use and so on. You feel a difference? Let the word " was also heard; agricultural “ for our example, but it is not category of lands, but a territorial zone.
Therefore it is often possible to meet situations when the realtor quickly argues on a certain object, assuring that that belongs to the category of lands of the industry, actually it is an industrial zone within the settlement - the earth of settlements. So, already both other ways of registration, and the corresponding stones on it.
And finally - 93 - Federal Law, the law about so-called “ country amnesty “. It gave vent to sellers to sell the sites with incomplete cadastral passports, that is, it when in cadastral passports exact borders of a site, the area approximate are not specified, and the site is not registered under the ownership of the seller yet. Of course, if the site very much was pleasant to you, the law allows the seller “ it is accelerated “ to issue the rights for a site to transfer them to you.
But in this case to you it will be more difficult “ to beat off “ in court if your new neighbor or local administration want “ to snatch “ to piece of your site. In the cadastral passport there are no exact data on borders of your site, and to prove in court that the previous owner “ hammered pegs where it is necessary “ to you it will be rather difficult.