Who conducts auctions for land. How to sell land without intermediaries

The procedure for selling a land plot is somewhat more complicated than in the case of other real estate. The collection of documents alone can take many months. Pre-sale preparation should begin with the collection of all required documents.

What paperwork is required to sell a property?

Due to existing laws, land acquired before 1998 is required to go through the process of re-registration of rights. It can be performed together with the registration of the transfer of ownership at the time of sale. The owners of land purchased after 1998 already have the relevant certificate in their hands confirming the right to own the allotment.

It is mandatory to have a cadastral passport on hand, which can be ordered from Rosreestr. It is issued during the formation of the site, when engineers measure the site and draw up a boundary plan. All boundaries must also be agreed and marked on the boundary plan.

The sale will require the presence of documents establishing the owner of the land. These include:

• Certificate of ownership obtained from a notary public, if the land was inherited.
• The contract of sale, which is in hand from the date of purchase of the site.
• For many plots acquired years ago, documents confirming the ownership of a certain person have not been preserved. In this case, you can use the procedure introduced along with the dacha amnesty. To obtain ownership, you will need to provide the municipality with orders, certificates, acts, extracts and other papers confirming the right of ownership on hand.
• If any documents are missing, and the land allotment does not fall under the dacha amnesty, the only option is to establish ownership through going to court. A positive decision is possible only if the land has been owned for more than 15 years, there are receipts for payment or evidence of people living nearby.

Having on hand documents confirming the right of ownership, it is already possible to proceed with the actual sale of land to the final buyer.

Registration of the sale

The procedure for the sale of land is established in the Land Code of the Russian Federation, according to which it is required to transfer a package of documents to the MFC or the USRR, to which the allotment belongs. The following papers must be present:

• a statement written according to the established model;
• cadastral plan;
• a document confirming the right of ownership;
• a document confirming the fulfillment of all obligations of the seller on the site;
• a check confirming that the state fee has been paid;
• the passport.

From the moment the application is submitted to the official registration of the sale, usually no more than a month passes. During this time, the authorities check the submitted papers for compliance with the established requirements. After the expiration of the established period, a certificate confirming the right to own the site is handed over to the buyer.

In order to independently sell a land plot without intermediaries, you will need to study some of the nuances regarding the conclusion of the transaction and the entry into force of the contract of sale. It is equally important to be aware of the correct sequence of actions in carrying out the procedure without the help of third parties, as well as to know the list of papers required for the process.

Land valuation

The initial stage of the sale of a land plot involves the assessment and identification of its value for the final setting of the price announced to potential buyers. Here, first of all, one should rely on the cadastral value of the allotment indicated in the land documents. In addition, you will need to carefully study the real estate market in this region by monitoring prices on bulletin boards, on the Internet, and in the media.

Additionally, the assessment of the site is based on a number of factors, depending on which the price can both increase and decrease. Most often, the following factors will affect the amount:

1. The location of the site, for example, close proximity to the metropolis, significantly increases the price.
2. The area of ​​\u200b\u200bput on - the larger it is, the higher the total cost.
3. The presence of communications on the site will definitely play a role in increasing its price.
4. Proximity or distance from highways, roads, as well as the presence or absence of access roads. For example, the location of the site near the railway, bus stop will significantly increase the price of the site, while the lack of such nearby will only reduce it.
5. Purpose of the territory. Allotments located on land allocated for housing construction, farmland, summer cottages or garden plots are valued differently.
6. The relief of the surface of the site - the price will increase if the territory is more even than hilly.
7. Land characteristics - soil quality, groundwater level.
8. Ecological situation in the area where the allotment is located.
9. Development of infrastructure near the site. So the presence of pharmacies, shops, hospitals, schools significantly increases the demand and price for land holdings.
10. The presence of buildings - a house, a bathhouse, a garage affect the increase in the amount. If the buildings are in a dilapidated state, they are recommended to be demolished, since ugliness is more likely to reduce the cost than increase it.

Do not forget about the aesthetic appearance of the site - a well-groomed, beautiful view of the property may not increase the price, but buyers will respond to such an offer much faster.

You can assess the land yourself or use the services of an appraiser. The latter option involves additional costs, but almost completely eliminates the possibility of errors in determining the value of land.

Preparing the site for sale

One of the most important points of selling a plot without intermediaries is to check that the allotment has clearly marked and registered boundaries. In this case, the latter must necessarily coincide with the data indicated in the documents available to the owner.

In order to clarify the information, you should submit a corresponding request to the cadastral chamber. In the absence of data, identification of incorrect information, or in the presence of a completely unformed site, it will be necessary to carry out a land surveying procedure with the involvement of a licensed cadastral engineer or an employee of a surveying company.

After determining the boundaries and obtaining the appropriate document, you need to visit the cadastre to register the allotment and obtain a cadastral passport, which will also be needed to complete the deal for the sale of land. The next step will be the registration of a clearly marked plot with the Rosreestr authorities and the fixing of the allotment as a separate piece of real estate.

It is important to remember that if the land area does not have documented boundaries, its sale will be impossible.

Paper package

The main documents, the presence of which is mandatory for the completion of the sale of the site, are considered to be a land survey plan, a cadastral passport and a document confirming the right to own and dispose of the allotment. Accordingly, if for some reason there are no such papers, it will be necessary to deal with their registration or restoration. That is why it is recommended to take care of the availability of documents even before the search for buyers.

The list of additional papers includes:

• original and copy of the owner's passport;
• certificate of registration of the right to own land, while if the site was registered before 1998, its re-registration will be required;
• title documents for buildings, if any, or a certificate of their absence;
• topographic plan of the area where the communications system is indicated;
• a document proving the absence of encumbrances on the land area;
• notarized approval of the husband or wife for the sale of land, if any, and the allotment is jointly acquired property;
• if a minor is involved in the transaction, permission from the guardianship authority will be required.

Another prerequisite is the absence of the fact that the territory is in shared ownership. Otherwise, the consent of other persons who have shares in a particular area will be required.

Every owner of land is once faced with the need to sell it, whatever the reasons. Making such a deal without intermediaries is not easy, especially if the land owner does not know how the procedure goes, the sequence of actions, what documents are needed, and where to get them. When the owner is not sufficiently informed, the procedure for preparing for the transaction and its execution can drag on for months, or even years, which is not at all acceptable.

When selling a land plot, be guided by market prices and the location of the object. Also consider its intended purpose, area, access roads, soil features (for agricultural plots), communications and buildings, etc.

We will consider the main nuances of independent sale of the plot below. If the rules are violated or not observed during the conclusion of the land purchase and sale transaction, then it may either not be recognized or canceled in court, with a loss of time and money for both parties.

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Preparing for the process

It is necessary to clearly establish the area of ​​\u200b\u200bthe territory and the value of this property. The area must match that indicated in the documents, and an independent appraiser must be invited to determine the cost. You need to build on the cost indicated in the cadastral passport and site plan, but only if the documents were received years ago. This period is due to the fact that the revaluation of real estate occurs annually and the value of the object changes.

Cadastral documentation is mandatory, so you need to issue it in any case. You can order cadastral records at Rosreestr. However, such a procedure is possible only if the land was previously put on the cadastral register and is fully formed.

Also consider the aspect of the property being sold. If the owners of neighboring plots have no complaints about the established boundaries, there will be no questions. Otherwise, the resolution of the conflict may reach litigation.

Documents for registration

In order to sell the land plot on your own without time delays and intermediaries, you should start collecting the documents that will be needed when registering the contract as early as possible. These include:

agricultural land

Separately, it is worth noting the land plot, which is privately owned and intended for agricultural work. State registration of the transaction will also be mandatory. In addition, the owner must inform the executive body of local self-government or the regional administration in writing about his intention to sell the land.

The text of the notification indicates the cost of selling the property, its area and location. This is due to the fact that the administration or the relevant local government has the primary right to acquire this land. If the authorities do not intend to buy the plot, they must notify the owner in a written refusal. If there was no refusal and no intentions were declared, the owner has the right to sell the land plot independently to anyone. This can be done within a year, after the administration has been notified and at a cost that is not lower than that proposed in the notification.

You need to send a notification to the administration by registered mail with a description of the attachment and with a notification of receipt. In the event of a conflict situation and filing a claim against the owner in court, this will become proof that the legal order has not been violated.

Sequencing

The main stages of registration of the transaction of purchase and sale of land and property rights:

Registration of the sale of land can be delayed when you are not familiar with the sale procedure. Some take years to collect documents. All this is hampered by bureaucratic red tape and the imperfection of the system. To carry out the sale of the land, it is important to take into account the points that will directly affect the acceleration of the procedure for the sale of the land. We offer you to familiarize yourself with the instructions for the sale of a plot of land from our legal portal.

Sale of land - where to start and where to go?

When selling a land plot, buyers always find out the area and cost of the plot. Any seller can easily answer the question about the price on their own. Where can I find out what area the plot is for sale? To do this, you need a cadastral passport of the site. As an ordinary passport certifies the identity of a citizen, so a cadastral passport certifies the identity of a piece of land. The cadastral passport contains detailed information about the land. It contains a unique number of the land plot, which allows you to store all useful information about the area.

Without a cadastral passport, it is impossible to sell a plot, so you must definitely get this useful document. It is issued by the Federal Service for State Registration, Cadastre and Cartography (abbreviated as Rosreestr). This organization prepares and issues land documents. It is only possible to get your cadastral passport when the land plot has already been formed, otherwise you will have to go through the land management procedure from scratch. Cadastral engineers will measure the boundaries of the site and draw up a boundary plan.

The procedure for agreeing boundaries can be the most difficult. If a dispute arises during the land surveying process, the procedure can be very delayed. The process of obtaining a cadastral passport will be significantly accelerated if you maintain good relations with your neighbors.

After that, all materials on land management are transferred to Roseestr for verification. If there are no problems, then in a month you can get a cadastral passport and go directly to the sale of the land. This will require some documents.

What documents are needed for the sale of land

If the land was purchased after January 31, 1998, then when buying, you must have a certificate of state registration of the right to land. If the land was purchased before January 31, 1998, then you will need to re-register the rights to the land. This procedure can be performed together with the registration of the transfer of ownership. In any case, in order to sell a land plot, you need to determine on the basis of which document it belongs to you:

The best option is when the land was purchased under a contract and this contract is in hand.

If the land was acquired a long time ago and there are no documents for ownership, then the situation becomes more complicated. In accordance with Federal Law No. 93-FZ, you can resort to the so-called "dacha amnesty". To obtain the right to property in this case, any acts, extracts, certificates or orders that are on hand will do.

If the land plot was inherited, then in order to register the right to property, you need to obtain a certificate of ownership from a notary.

In the absence of any documents on the ownership of the land, you can try to establish the right to the land in court. This is possible provided that you have lived on it for more than 15 years and this can be proved by receipts for payment or evidence from neighbors.

Registration of the land plot takes place in accordance with the Land Code of the Russian Federation. To register a land sale transaction, you need to submit documents to the Federal Registration Service or to the Unified State Register of Rights at the location of the site.

To carry out the registration of the sale of a land plot, you need to provide the following documents to state bodies:

Application of a certain type

Certificate of ownership

Document on the fulfillment of all obligations on the land plot

Site plan according to the cadastral passport

Registration fee payment document

An application for the production and collection of documents, which is also an agreement for the provision of the corresponding service

Identification.

State registration for registration of the sale of a land plot lasts no more than a month from the date of submission of documents. All submitted documents are checked. If everything is in order, then a certificate of state registration of the right to a land plot is issued to the new owner.

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Selling land without intermediaries is quite possible. But for this you will need to know the basic requirements of the law, some of the subtleties of the transaction and take them into account when making it.

Pre-sale land preparation

Preliminary preparation of the territory for alienation consists in:

1. A clear definition of the boundaries of the site. Its area must match the data indicated in the documents. If the site is not formed, it is necessary to carry out its land surveying and register it as a real estate object that can act as a subject of civil legal relations.
2. Determining the value of the item. This can be done independently or by inviting an appraiser, whose services will require additional costs. Self-assessment is carried out on the basis of the available cadastral documentation and is based on an analysis of the real estate market in the region in the media, free bulletin boards, Internet resources, etc. Many factors affect the price, these are:

• The size of the object. The larger it is, the higher the cost;
• Preparation of necessary documentation;
• Location. Being close to a major metropolis has a positive effect on price growth;
• Remoteness from the highways, traffic congestion and the ability to simply get there by public transport. The location of the square next to the railway station, bus stop and roadway makes it possible to increase the price by 10%.
• Purpose of land. Country and garden lands, agricultural land, under individual housing construction are evaluated differently;
• Square relief. Hilly terrain or land located on a slope is valued less than with a flat surface;
• Possibility of car access to the main entrance;
• Soil quality;
• Ground water level;
• Ecological integrity and aesthetics of visual components;
• Development of infrastructure and communications. Nearby retail outlets, stops, pharmacies, the presence of first-aid posts increase the cost significantly;
• Territory processing. A well-groomed area is much more attractive to the buyer than an undeveloped abandoned object, which will shorten its sale period;
• Presence of buildings. The erected garage, bathhouse, summer kitchen will significantly increase the price of the allotment. If such buildings are in a dilapidated state, then it is better to demolish them first, since their presence may affect the amount of the amount down.

The whole process consists of several stages, the consistent execution of which can guarantee the successful completion of the transaction.

Finding a buyer

If the owner decides to sell the land without the help of agents, it is necessary that a large circle of people be notified about its sale. To do this, you need to advertise the object. As advertising information, an advertisement containing the maximum amount of data about the subject of sale should be prepared. It can be:

• its whereabouts;
• area size;
• existing buildings;
• Availability of developed infrastructure;
• soil quality;
• Distance from public transport stop;
• Close proximity to a river, forest, lake, etc.

The announcement is placed in the printed publications of the municipality, on special online resources, in the media, and more. Notices can be posted on bulletin boards or distributed in leaflets. It is necessary to notify as many people as possible about your intention: friends, neighbors, relatives, acquaintances, and perhaps one of them will find a potential acquirer.

Site inspection

Before visiting the object, the interested person needs to put it in order, take out the garbage, demolish the old buildings. When negotiating, it is necessary to show all the advantages of the subject of the transaction, as well as notify about the shortcomings, in order to avoid conflict situations in the future.

If the buyer decides to purchase the plot, it is necessary to agree on the date of the conclusion of the contract and visit the notary.

Preparation of necessary documentation

This is the most important of the stages of the sale of land and it should be attributed with special attention to its completion. To complete the transaction, you should prepare a list of documents consisting of:

1. Cadastral passport. It contains all data on the land area, including the size of the plot, its plan, the name of the owner, identification number, purpose, etc. It is issued by the FRS after the land management procedure, land surveying and demarcation of the territory. It must be obtained before the object is put up for sale, as the process takes several months. To get it you will need:

• Order a cadastral passport from Rosreestr;
• Arrange with land surveyors to view the site and show it on the appointed day. They will take measurements and draw up a boundary plan;
• Coordinate with the owners of adjacent areas the boundaries of the property being formed;
• The drawn up documentation is checked in the service and a passport for land is issued. The term for its issuance is up to one month.

1. Certificate of registration of the right to land or an extract from the USRR. If the plot was acquired before 01/31/1998, it is necessary to re-register your rights.
2. Civil passports of the parties to the process.
3. Representative power of attorney, notarized, if a third party is involved in the transaction, representing the interests of any of the participants.
4. Boundary plan.
5. The consent of the second spouse to the sale of the object, if he represents jointly acquired property.
6. Certificate of absence of buildings on the ground.
7. If available, documentation for them.
8. Title papers.
9. Statement of no encumbrances.
10. Permission of the guardianship authority when one of the parties to the transaction is a person under the age of eighteen.
11. Payment receipt for payment of state duty.

Conclusion of an agreement

Having prepared the required documentation, the parties can draw up an agreement on the sale of land with a notary or prepare it on their own.

It should be noted that there are many samples of such contracts on the Internet, they can be taken as a basis and nothing more. Be sure to set out the nuances of a particular transaction and its features. Without a legal education and not understanding the intricacies of transactions, you can miss important points that will play against the seller or buyer in the future.

Therefore, if you do not have special skills in compiling legal documentation, it is better to turn to specialists - a notary or lawyers.

The contract must comply with the norms of the current civil and land legislation and meet the requirements regarding the form and content of the relevant documentation. It must include essential conditions without which the agreement may be invalidated. These include:

1. The subject of the transaction. It can be a specific territory that has the following identification features:

• Square;
• Cadastral number,
• The exact address of the location;
• Purpose, category;
• Permitted use;
• Existing encumbrances and others.

1. Grounds and documentation for the procedure.
2. participants in the process.
3. Rights and obligations of the parties. This may be the possibility of demanding payment for the object of the transaction, reliable information about the transferred item, the obligation to make the full amount of the payment, the transfer of the site to the new owner, and more.
4. Land value.
5. Procedure for payment of the transaction price.
6. Date and place of the contract.

IMPORTANT! The sale agreement is drawn up in writing in the form prescribed by law. If it is not observed, as well as in the absence of essential conditions regarding the characteristics of the subject of the transaction and its value, it may be declared invalid.

Registration procedure

The transfer of the owner's powers is carried out by submitting the prepared documentation to the Rosreestr or the MFC. In this case, all participants in the transaction must be present.

Acceptance of documents is accompanied by the preparation of an application and the issuance of a receipt on the received papers. It sets the date when the registration will be carried out.

The relevant papers are signed by the parties, the final settlement and transfer of the site to the new owner takes place.

Within a month, a record of the transfer of rights is entered into a single register, about which an extract from the Unified State Register is issued.

Features of the sale of agricultural land

The sale of privately owned land plots intended for agricultural work has its own subtleties that must be observed during the transaction.

The owner of the area must notify the executive body of local self-government or the regional administration in writing of his desire to sell it.

The text of the notice should contain information about the sale price of the object, its size and location. Such actions are due to the fact that these organizations have the primary right to acquire such territory.

In the absence of intentions to purchase land, the authorities must notify the owner of the refusal in writing. If he was not sent and no desire was declared, the owner of the territory has the right to sell it at his own discretion to any person. It is possible to carry out the sale within 12 months from the date of notification of the administration at a price not lower than indicated in the letter.

ATTENTION! The notification must be sent by registered mail with acknowledgment of receipt. In the event of a conflict situation and litigation, it can serve as evidence of the fact that the procedure established by law has been observed.

Thus, it is quite possible to carry out the sale of landed property independently, provided that the requirements of the legislation for the form and content of the agreement being concluded and its registration in the relevant service are observed.