The land question: whose side the law?

By Admin | Legal Issues
25 April 2016
HOW to properly assess the site

- I want to buy in the village of 10 acres to build a house and live permanently.Read the announcement: 1 weave sell for 18-20 thousand. Dollars. Why tear up the money?Roman Shalakovv, Krasnodar region

- This is the market price of land.It offers a seller who owns is now put.The establishment of the price - his right.If you do not want to purchase land from private owners-seller - contact the local authority to provide allotment.If a municipality has more land in the area of ​​interest to you, then he is obliged to hold an auction or publish an advertisement for the reception of applications for land.If, in addition to you, no one paid - the municipality is obliged to give you a plot for the construction of rental housing.When a house is built, you will be able to buy the land at a price of 4.5% to 25.5% of the cadastral value.In any case it is lower than the market price.Give information on the cadastral value of land may be the local branch of the Russian Real Esta
te.But, most likely, in all the popular areas of land already have a private owner, and to find cheaper land there is almost impossible.

How to privatize

- inherited from his father had a garage-box.Now documents are in the registration of property rights.Can I claim a plot of land for the garage?Tatiana Volkova, Moscow

- In accordance with the Land Code of the Russian Federation, becoming the owner of the garage, you get the exclusive right to privatize the land on which the garage.Price privatization established by laws of the Russian Federation and depend on where is your garage.The larger the city, the more expensive it will cost land.But in any case, the price can not exceed 45% of the cadastral value of the land.If you do not have an individual garage and box in the garage complex, whose total roof, foundation, common entry and so on. D. You can not buy a lot, but only a share in the ownership of all the land on which the garage.

How to rent

- On the territory of the collective farm land has owned me.I give him the farm rent.Can I lose my land?How to prevent it? Galina Karimovaa, Kirov region

- If you have a document confirming your right to this plot (proof of ownership or lifetime inheritable possession, the decision of the authority to grant you the land), you can only lose it as a result ofillegal actions of certain individuals.Then the property can be returned to the court.The situation becomes more complicated when the land is framed as a percentage, that you received in the course of the privatization of agricultural land.If you have rented farm land shares before January 28

2003 (prior to the entry into force of the Law № 101-FZ), which is fixed in the contract, and until January 28, 2009 you do not renew, your share will go into trustmanagement of tenant - a collective farm.With his share of such a bankruptcy would be included in the bankruptcy estate, simply put, will go to creditors.Therefore, there is the risk of losing ground.

How to save its share

- House and site we own jointly with a neighbor.We clarify boundaries and it turned out that his side of the earth has increased.Co-owner claims that it put him increased.After that, the inventory agency to suspend the Registry.How to prove that it is common ground, and hold the account?Elena Karamysheva, Tver

- If the plot is in shared ownership and enshrined documented, it can not be divided into parts without the consent of the owners.This is one land and cadastral plan may be issued to him entirely.And an increase in refining the boundaries of the area is not just your neighbor, but you, because the ratio of shares does not change.It should be fixed in an agreement on how to use.In any case, clarification of the boundaries and what you are arguing about the order of use of the site can not be the reason for the refusal of the cadastral registration.Contact your inventory again now because March 1, 2008 came into force a new law on real estate cadastre, which clearly regulates when the account may be suspended.If you fail, it is required to provide a written decision and to go to court.

How not to lose share

- A former state farm land shares issued to employees.Now he was transformed into a cooperative and forcibly buys these parts for next to nothing.Can we sell a put? Love Makarova, Primorsky Krai

- You have the right not to sell the land allocated to you.A share, or more precisely, the land shares received in the course of privatization of agricultural land, you have the right to dispose of at their discretion, but given some of the restrictions established by law.For example, you can sell or donate land share only those citizens who have also received shares in your farm, you can make a stake in the authorized capital of agricultural organizations that work the land, or select a plot of land by obtaining land share (the rules spelled out in № 101-Law on turnover of agricultural land of 24 July 2002).If you select a station, it will be possible to manage without limitation, to sell or lease to any person without restriction.

Source: "Arguments and Facts" Room №11 from 2008.03.12