Relevance of land lease and use it for their own purposes will not fall ever.Rent land - the easiest way to become the owner of a piece of land that can be used according to their notions of economic efficiency.After all, even a rented plot allowed the construction.But, as elsewhere, the legal issues - not without nuance.
general idea of the land lease
all the requirements for registration of land lease on the territory of Russia collected in the Land Code of the Russian Federation.But, unfortunately, it is often adjusted and changed, so when dealing with specific articles need to ensure their relevance.
However, the main provisions are unchanged:
• Land can hire physical and legal persons, associations of citizens of the Russian Federation, foreigners who do not have citizenship, foreign representative offices and enterprises, international organizations.
• Restrictions imposed on land located within the boundaries of the right of way along the shoreline waters, natural protected areas, as well as land for forestry purposes.
• The right to lease may be subject to exclusion (up to the sale of land sales), can be inherited or, if necessary, be the key.In each case, there are limits stipulated by law.
• Rent of land is considered as a short and long term: respectively, five years and not more than 50.
property Rent
objects appear all the land (not included in the list of exceptions) that belong to citizens of the state and legal persons;They are municipal or state property.Allocation of land plots for rent, of course, carried out owners.If we are talking about the municipal property, the landlord speak township (town, etc. Etc.). Tips.When the site is owned by territorial communities, the signing of a lease of land held by representatives of regional (provincial) governments.If the rent is taken public land, the contract shall be signed in the executive branch.
Since the land may be the subject of pledge, then transfer them to the rent is to be agreed with the mortgagee.
land lease contract: what features
Every real estate transaction should be held under the current regulations of the legislation.One of the conditions - registered in the register of land lease agreement.A sample of this document gives an overview of the general structure and the conditions of his detention.
obligatory paragraphs noted in this document should be:
• definition of a land plot cadastral records (including location and size);
• the period for which the contract is made;
• rents and its size - in this section shall be prescribed dimensions of indexation, the timing and the form of making the next payment, the liability for non-payment, and so on. Etc .;
• intended purpose and conditions of use of land;
• state of the object at the time of its transfer to the lessee and the conditions of preservation of the earth;
• encumbrances (restrictions) on the use of land;
• determination of the side on which lies the risk of unintended damage or complete destruction of the lease object (or part thereof);
• shared responsibility of the parties.
What you can do with the land leased
Rent Land (land law permits it) allows you to specify a part of the authorized capital of the enterprise within the scope of the contract term.Also, land lease can be transferred to third parties, a notice to the holder (in accordance with the agreed terms of the main contract).These nuances and conditions are also to be displayed in the lease area.
written contract drawn up at least in duplicate, and at the request of either party (tenant or landlord) can be notarized.
Rent Land will not be deemed valid if the contract is drawn up correctly and it is not mentioned paragraphs.Additional documents
land lease
All of these conditions apply to the treaty itself.The conclusion of a lease of land is accompanied by such documents:
• Plan (scheme) of the leased land;
• cadastral plan of the site, which displays land easements and restrictions;
• act determining between land on the ground;
• an act of acceptance and transfer of land to rent.
parties may negotiate and specific lease terms.They can become a mark of the quality of the land at the time of its transfer to the lessee, the availability of insurance object, and so on. D. Separately negotiated issues of cost recovery for the improvement of the object of lease and security measures.In addition, if there is a need for land reclamation or any activities at the site, the contract remains in force, but all the details have to be reflected in it.
procedure signing
Features transaction in which signed a contract to lease the land, determined by a person having the ownership of the subject of the contract.In the case of private property contract is signed by the parties.If the object is supposed to rent - municipal or state ownership, procedure of the transaction begins with an auction, and, according to the decision of the executive authority, issued a resolution on the transfer of the object to the lessee.A special case of the lease of the land can be called a conclusion of a contract by way of inheritance.
land lease, according to the law, must be registered in the executive branch.
Payment
fee for the opportunity to use the land - a regular payment that the lessee to the lessor transfers on time.
If the contract is individuals, the payment is due upon agreement of the parties.If the object of the real estate in favor of the land of the State Land Fund, the payments are made in accordance with the norms of the Tax Code.
If the concluded contract will be incompetent by a court decision, all available at the time the judgment is the rent and the landlord does not return.
Except for areas which are state and municipal property, the rent may be made in the form of goods or services as the owner of the property.Rent of state property is paid only in cash.
period of the contract
At the beginning of the article mentioned on the short and long term lease of land.The timeframe stipulated individually, but they should not exceed 50 years.
Upon completion of construction and after commissioning the tenant portion may extend the contract for the next 50 years.He has the first right.
In case of death of the tenant of the land are entitled to use the land obtained his heirs.They may choose to give up their rights, and if the person identify the interests in real estate, the right to receive his rent.This so-called transfer the land lease.
When is the deadline for the lease of land, there is a termination of a contract or start the procedure for its extension.Early termination of the contract is possible if:
- Land bought for public purposes.
- owners and tenants unite in one person.
- Tenant (individual) sentenced to imprisonment or death, and family members and heirs refuse to fulfill contractual obligations.
- pledgee land seized property rights.
- structure redeemed person who is not a tenant of the land on which it is built.
Renewals arrangements
Tenant who conscientiously fulfilled all obligations under the contract, has the priority right to its renewal upon expiration of the agreement.But you must give written notice to the landowner's desire to conclude the following contract.
possible option of extending the lease period without notice of the owner.This occurs if within one month after the end of the lease agreement land owner does not send a letter of objection to the use of land.Then talk about the so-called automatic renewal agreement.
Termination.What's next?
The tenant is obliged to return the owner of a plot of land within a specified time and in a specified state.If the tenant having claims against the owner (lessor), they settled in court.
man, who became the owner of an apartment in a building (or a private home) gets and the right to land (or part thereof) that is built facility construction.There is a transfer of land.Agreement in determining the change of ownership of property, interrupted the previous lease for this land.
When the term of this agreement and will expire, the new owners of housing or buildings have a priority right to renew the lease of land.If you have any insurmountable obstacles to extend the lease, and the owners of the property do not agree with the owners of another object (house and land under it), all issues will be resolved exclusively by the courts.
