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How to arrange the purchase of the suburban area

Demand, as we know, breeds supply. On this field thrive numerous construction firms, as well as the visiting team, consisting mainly of migrant workers. All is good – and at prices you can bargain, and the quality achieved (provided that all the stages of construction, from the choice of materials, finishing trim must be kept under constant personal control), but my thing: after the happy owner of « hacienda », relax, going to finally take a break from the urban bustle hateful, it nowhere one by one begin to pour problem. It turns out that the land allocated under the section – part of the reserve, and then suddenly even worse – plot on which the house is built, someone already owns.

Ignorance, alas saves the time. Protect from harm can only knowledge. So I want to offer some advice to the reader who is not only prompt how to avoid trouble on the acquisition of suburban land, but also help to further the regeneration of suburban life.

To implement the cherished dream, there are two ways: The first and seemingly most simple – purchase of land in the current gardening or chalet combined with ready-made structure. However, practice shows that this is the way often the most dangerous.

The second way – to acquire ownership of their own land in order to build on it a house of their own. The most often allow the owners of newly appeared error is usually that the acquisition of finished homes all focus exclusively on quality control of construction. Acting meanwhile, should be different.

First of all, make sure that the land on which the house is built from the outset was acquired legally by the developer, not a self-capture. It should take into account that the current legislation provides for two types of land use by owners: rental and purchase property in.

In accordance with Article 27 of the Land Code is not allowed to acquire ownership of land located on the territory of national parks and national parks, employed especially valuable objects of cultural heritage, the sites included in the World Heritage List, historical and cultural reserves, objects of archaeological Heritage, located at the facilities of hydraulic structures contaminated with hazardous waste, radioactive substances, subjected to nutrient pollution, and other degraded land.

If all goes well, it should be legally competent « On state registration of rights to immovable property and transactions with it ») to issue land ownership. At the same time you will be required to submit the following documents about:

  • receipt of state registration;
  • documents confirming the authority of the copyright owner and the contracting parties;
  • The document establishes the existence, origin, termination, transfer, limitation (encumbrance) of rights;
  • cadastral plan of the land plot, a plan subsoil and (or) a plan of the property indicating the cadastral number (presentation of the cadastral plan of the land is not required if the cadastral plan of the land previously presented and was placed in the case to title documents).

It is no secret that the house itself – It is half the battle. It is necessary to have been supplied with electricity, water, gas and other benefits tsivilizatsii.Vot then, and there may be uncovered unexpected difficulties. Important is the location of the site. If you purchased a garden plot in the pool, and it is located in such a way that blocks access to the infrastructure – water tower, power, water, etc. Be prepared for the fact that your neighbors may require you to enter freely and to all of these objects on the territory of your site. Legally, it's called a limited right to use someone else's land (easement).

In accordance with Article 23 of the Land Code may establish public easements for:

  • pass or travel through the land;
  • Use of land for the repair utilities, engineering, electrical and other lines and networks, as well as objects of transport infrastury;
  • free access to the coastal strip.

The latter is especially important, because increased demand for land, located near water.

An easement may be temporary or permanent. Implementation of the easement should be the least burdensome to the land in respect of which it is installed. At the same time the owner of the land encumbered by a private easement, the right to demand commensurate payment from the persons for whose benefit the easement set.

In cases where the establishment of a public easement leads to significant difficulties in the use of the land, its owner has the right to demand from the public authority or local authority that established public easement commensurate payment.

Easements are also subject to state registration in accordance with law « On state registration of rights to immovable property and transactions with it ».

Uninterrupted supply of land with water – an important part in subsistence farming. Sometimes it becomes a stumbling block, especially for the newly formed country associations. « Drinking » problem can be solved in different ways.

First, you can try to connect to the existing infrastructure, and if it is not – You can try to create your own. For example, to drill a well, build a deck. At the same time we must not forget that on the basis of Article 19 of the RF Law « On Subsoil » owners and land owners have the right, at its discretion, within the boundaries of land to construct facilities for sovih needs a depth of 5 meters, as well as the installation and operation of domestic wells and boreholes to a depth of the first aquifer, which is not a source of centralized water supply.

Thus, if a well is dug to a depth of more than five meters, you risk being held liable as a violator of the law, if not taken care of in advance obtain the appropriate license.

Thus, Article 7.3. RF Code of Administrative Offences provides for administrative liability for the use of subsoil resources without permission (license) or a violation of the conditions provided by the permission (license), and punishable by an administrative fine of fifteen to twenty times the minimum wage.

But if you do decide to use the infrastructure of an existing farm, you are in the right, or start him regularly paying membership fees, or to use the infrastructure facilities and other property in common use Horticultural, gardening or chalet non-profit association for a fee under the terms of agreements concluded with the the union in writing, in the manner determined by the general meeting of members of the horticultural, gardening association. This right has any citizen on the basis of Law « On the horticultural, gardening and dacha non-profit associations of citizens ».

Thus, in the case of non-payment of fees established by contracts for the use of infrastructure and other property, public infrastructure etc. by a decision of the board of the association or the general meeting of its members, the citizens offenders ineligible to use the property for general use. Non-payment for use of public infrastructure shall be recovered in court.

You also have the right to challenge in court the decision of board of association or the general meeting of its members to refuse to conclude contracts for the use of infrastructure facilities and other property of the public association.

The amount of payment for the use of infrastructure and others. Property of common use for the citizens of the leading country economy on an individual basis, subject to their contributions to the acquisition (creation) of the property may not exceed the amount of fees for use of the said property for the members of the association.

I do not be amiss to say that in accordance with law « About his household » implementation of the citizens, leading private farms, the products produced and processed in the conduct of private farming, not a business. This is an argument in the case of sudden appearance of representatives of the tax authorities.

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