Today more common concept of "burden".What does this mean?In simple words, it is a kind of seizure of property or real estate.On the basis of a written contract entered certain restrictions that do not allow you to fully own the property or otherwise.It is necessary to draw your attention to the fact that the burden might appear regardless of ownership, for example, the arrest of the bank, and maybe he will - the key to the apartment or house.In any case there are limitations to conclude transactions, sign contracts, etc.
Types encumbrance
them, there are several.The most common - a pledge or arrest.The first kind is carried out with the consent of the owner, for example, you need to pay off the debt, and the apartment is given bail.As for the arrest, it is compulsory measures, and further developments depend on the court decision, in which the property or properties may be fully or partially confiscated or returned with a fine, etc.
Another type of burden - a lease, or rather, the right to use the property for a term exceeding one year.Asset management (DM), which includes the guardianship or custody also refers to one type of seizure.There are other encumbrances that are introduced to the property by law.
There is one interesting point that few people pay attention to: the transfer of assets to another person are all encumbrances, ie to pay the debts of the current owner.It is for this simple reason for the transaction, you should know that everything was in order in this regard.If there is a burden to the apartment, it is an occasion to reflect.Let's see in more detail.
Removing the encumbrance of mortgage
This procedure is performed only after the borrower complies with the requirements of the contract and fully pay the loan for an apartment.It is worth noting that often the process is delayed for a long time, and the person gets a lot of hassle.It is not clear one thing: why take out a bank loan can be relatively quickly, but the removal of encumbrances on the mortgage lasts much longer?In order not to overpay and not to apply to lawyers, manages its own.For this you need to repay the loan immediately and require a bank letter stating that you have fulfilled the conditions of the contract.In addition, it must be accompanied by an extract from the loan account that is fully repaid mortgages.Encumbrance will soon be lifted.Do not worry if the documents will be prepared for more than one week (but no more than two), as required by the procedure.Then you collect the necessary documents with which you want to go to Rosreestr to removed the burden from you.It includes the following papers:
- documents in the apartment, house, etc.
- Mortgage (stored in the bank).
- document confirming the execution of the contract (get it in the bank).
- Discontinuation Statement encumbrance.
- passport and a receipt for payment of taxes.
What is for sale with the encumbrance?
As mentioned above, before you buy something, you should carefully examine all documents, such as the presence of debt, etc.Of course, there are special rules for the use that is made to limit the encumbrance of a particular property.This is the same rent, which, while not prohibited from entering into the transaction for the sale of real estate, but makes some adjustments to the relevant contract.If, for example, the owner sold the apartment, which he rents to a third party, you have the new owner agrees to comply with all terms of the contract.
There is such a thing as an easement.In fact, it is the right to land, which is limited by the contract.For example, it is possible to lay part of the communication or the road at the site of his neighbor.Just like rent, easement does not lose its force, if the land is transferred from one person to another.
you already understand a little about the concept of "burden".With this, we spoke in detail.In principle, it is almost always only applies to real estate.And now let's talk about asset management.Here, too, it has its own characteristics that need to be taken into consideration.
management rules
control allows the trustee to perform various transactions and conclude contracts (except for the sale of property).To do this, the owner prepared an agreement under which a person can use his property.And now a few words about the burdens control.The main one - is the key.The main purpose of such encumbrance is the repayment of the loan.If the borrower does not return the debt on time, property rights are transferred to the pledgor.Please note that the removal of the encumbrance of this kind is possible only after complete or partial repayment.
also control section applies the arrest - a ban to enter into any contracts or transactions.In this case, as noted above, all decided by a court.Moreover, the owner, for example, was arrested at home, to keep it intact until then, until it is decided by the court.
Of course, there are other diverse constraints that are imposed by the state.A vivid example is the burden in the use of the property for which taxes were not paid, in other words, having a debt to the state.
Features agreement with the encumbrance
conclusion of such transactions has several important nuances.The fact that limited ownership rights must necessarily be taken into account when drawing up the contract.As practice shows, often in the form of a mortgage in favor of burden.If a person, for whatever reason, can not repay the debt on their own, then it puts the property up for sale.It turns out the following situation.Buyer must pay a certain amount, which sets the owner, and the rest of the debt.Of course, in this case, be sure to sign a contract with the encumbrance.For the deal is successful, the need to obtain the consent of the bank in which you took a mortgage.If we are talking about a deal between the physical and legal entity, it is also necessary to draw up a special treaty.In this case, the right to property is transferred to another person in accordance with the terms specified in the Act.Another important point is that sellers do not always provide all the restrictions (debt, etc.).To avoid falling into the trap, refer to the corresponding statement in Rosreestr and get a certificate, which will be all the necessary information about buying the property.
What to look for when buying or selling property?
If you buy a house or apartment, do not be lazy and take the help USRR.Despite the fact that this service will cost money, you get the most complete and detailed information on what restrictions there are on this property.Pay attention to the fact that perhaps buy an apartment is rented.In this case, it will remain there until the tenant of the number specified in the contract, provided that such a component.However, the tenant himself takes no part in the process, for him, everything remains as it was.The same applies to the cost of living.
In some countries, there are nuances.For example, in Germany, the tenant must give its consent to view the apartment in which it is located.It is also customary to offer the tenant to buy a home and provide him with some time (up to 60 days) to think.
As you can see, everything is quite simple.If you are afraid to do something wrong, then it is advisable to turn to experienced lawyers who are addressing issues of real estate.For a fee, you get all the information you need to know.Agreement will be drawn up correctly, and in the future will not have problems.
few important points
Many sellers and buyers forget that there may be a co-owner.For example, one spouse to buy an apartment, even if fully for his money, and in this case, the property will be considered common.Of course, when buying or selling a contract drawn up stating the owners.Even if the paper is not one of the spouses, the decision is taken by mutual consent.If you buy an apartment, you must sign a contract both spouses.In principle, this rule should not forget both sellers and buyers.
not yet been said about this form of burden, like hiring.From a legal point of view, it's something like a rental.Tenant apartment or house gets a housing not only for temporary use, but also in order.If the rental period is over one year, it issued a special contract.In the future, the tenant has the opportunity to rent an apartment for sublease.But this event is accompanied by the registration, which virtually eliminates any fraud.Agree, is ambiguous burden.What is this concept that we already know, but now let's see whether this restriction and when.
Encumbrance: good or bad?
's hard to say for sure.On the one hand, it is different kind of restrictions that do not allow you to perform any action with the property and real estate, and on the other - this is the only working method of protecting a house or apartment by fraudsters.Of course, the existence of agreements limiting in any given plan, but a guarantee of performance of its obligations, such as paying the mortgage debt.Sometimes the owner himself may impose a burden on their property.Most often it is the arrest, which completely blocks any action (buy, sell, rent, etc.).Such measures are taken when trying to capture real estate intruders.Seize the apartment, the owner will ensure its safety to ascertain the circumstances.
use property with restricted
If you are the owner of the apartment with a burden, it does not mean that you can not use it for a living, that is rent.In most cases, it prohibited the alienation of property (to sell it), but the use is usually allowed, what we are actually talking about.It is enough to coordinate their actions with the pledgee and get his written consent.As has been noted above, you can even sell such property, but it has a special procedure.We have already dealt with the concept of "burden" that this concept implies.Still need to know that to go to the property which is under restraint, it attracted a lot of public organizations: the courts, the banks, the guardianship etc.
Do not forget about the important rules
I would like to say that there are times when the apartment resident citizens who are registered there, but they are not its owners.It is not recommended to purchase such property, because, in practice, tenants evicted is not right, then it is necessary to achieve this through the courts.If you live in an apartment or incapacitated minor citizens, it is necessary to apply to the guardianship, as without their consent would be impossible to carry out the transaction.It is very risky to purchase property for rent, since such agreements are sometimes ambiguous and contain a lot of small nuances.It is recommended to first learn how to remove the encumbrance, and then buy or sell property.
Conclusion
So we dealt with the questions you may have.As you can see, not all as easy as it might seem at first glance.This is due to the fact that there are several types of burden, each of them has its own character, which is why it is important to take into account absolutely all the details.If you buy the property, then carefully read the contract, visit Rosreestr, in general, do everything possible to ensure that the "purity" of the property.If you are a seller, you specify in the agreement all the burdens imposed on the sale, because their concealment can be fraught with negative consequences.
