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

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 a planet on which all people live. This 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, earth is called the surface of the planet or a natural resource that is used in the national economy (Land Law 1.1). Its subsoil allows you to extract minerals, on the surface of construction, 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 land is used on the farm, but only some parts, allotments. The plots are indivisible and divisible.

As a property

Legislation deciphers land plots as real estate objects. Article 11 of the Constitution states that land is considered to be a public property. At the same time, 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: non-incoming 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;
• Props 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 are an immovable thing with which various transactions are performed. In this regard, there are different consequences, property rights. 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 tool, as it brings in income. And it is considered as a separate section or part of the property. The estimation takes into account the purpose:

• mining;
• Agricultural work;
• forestry;
• Development of economic and social spheres;
• The formation of an environment for the population to live;
• environmental Safety.

Forest area

The Forest Code (Chapter 1, Article 7) states that land is the same as forest land. A unilateral transaction is carried out by a decision of one party. This may be the drafting of a will.

The Constitution says that the land is considered a public property. The land plot can belong to a specific person. It will become real estate after registration and receipt of cadastral number. After this, there is the right to perform various actions - selling, renting.

Categories

Each land has its own category of use. This must be recorded in the documentation, it establishes the type of activity that can be performed on this land. The following groups are found:

• C / x;
• Residential development;
• Public;
• Business;
• recreation.

The territory can be especially protected, forest, water. There are many more sites. Their full list is in the Order of the Ministry of Economic Development of the Russian Federation No. 540 dated 01.09.2014. Private property can be a land plot for agriculture, construction of buildings, personal facilities.

Agricultural sector

On such territory it is allowed to conduct economic activity, which will allow:

• Grow crops;
• Produce cereals;
• To receive fruits, berries;
• To grow animals;
• To raise bees.

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

Summer construction

A land plot for building can be used. In this territory it is allowed to grow crops for personal consumption. Sometimes registration is required, but sometime not. Everything depends on the location of the territory.

Housing construction

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

Private household

What is a land plot for keeping a personal part-time farm? This is the territory for the cultivation of a garden, a vegetable garden, the cultivation of agricultural plants. The construction of objects is not forbidden, besides, one does not need to obtain a building permit. But if the land is located in one village, a permit can be obtained. If the site is located beyond the boundaries of the settlement, then it is possible to build a residential building on it, but it will not be possible to register there.

Farming

Some lands are intended for peasant farming. And the owner must do the work. It can be breeding cattle or poultry, growing trees, vegetables. The owner must have the status of IP.

Restrictions in the turnover of goods

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

• Protected area;
• Forest fund;
• Municipal territories;
• For communication and defense needs.

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 object, so a cadastral passport is attached to the contract. If this rule is not observed, the procedure will be declared invalid. Notarization is mandatory under a will, mortgage, rent. In other situations, this is done at the request of the parties.

The most common transaction is buying and selling. The law provides for other procedures for alienating plots, for example:

• Mortgage on mortgage;
• The land;
• rental;
• Contribution to the authorized capital;
• Trust management of land;
• Transfer to inheritance, as a gift.

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

The earth and the structures erected on it are inseparable from each other. If they have one owner, then separate sale is prohibited. Buying a property gives the owner the right to privatize land and facilities.

The condition of the purchase and sale transaction is the value, which should not be higher than the cadastral price of the plot. If real estate is sold that is state property, then the price is determined by the authorized bodies. The deal on the sale of the site will be invalidated if the interests of the owners were not taken into account. In the presence of several hosts, the land is indivisible.

Transactions with real estate 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 with it is not uncommon.

Execution of transactions

Legal registration presupposes the state registration of the contract for the transaction and the transfer of rights. But in comparison with other property procedures preceded by a lengthy design of the site. Together with the contract there must be a cadastral passport. It is needed because of geodetic work, transfer of rights, if the transaction of purchase and sale is carried out.

If the right is not registered, then the seller will be considered the owner. Confirm this entry in the EGRP. To terminate such a contract, you need to issue an agreement. Then in the register there will be a record of the termination of the transaction. The certificate of the right confirms the legality of the ownership of the site. Upon termination of such an agreement, the agreement should specify information on the return of property and registration of the transfer of rights. This must be taken into account when applying to the court.

Land is someone's property. It is necessary to take into account the purpose of the land before acquiring it. Sites can be inherited, leased. All transactions with them are carried out on the basis of legislation.