Tag Archives: man and the law

Federal Arbitration Court

The form of excerpts from the book pohozyaystvennoy approved by the Federal Registration Service 5) any other document that establishes or certifying individual’s right to land (for example, an extract from the minutes of board meetings farm on the allocation of a member of the farm land for ancillary facilities) 6) the cadastral passport plot 7) Receipt of state duty for state registration of rights In addition, the state registration of ownership rights of a citizen in the land in case of such citizen passed by inheritance or otherwise the title to locate in the area this building (the building) or building is also carried by the rules “dacha amnesty”. At the same time instead of the instrument establishing or confirming the right of a citizen in this land, as the foundation of the state registration of ownership of such a citizen at the land can be submitted the following documents: 1) a certificate of inheritance or other document establishing or confirming the ownership of the citizen to the specified building (structure) or building 2) one of the documents mentioned above and establishing or confirming the right of a citizen – any previous owner of this building (construction) or structures on the land, Vindication of applicant’s supporting documents for state registration of ownership rights of a citizen in the land is not allowed. Law provides for the possibility of direct contact notary public for help in the preparation, execution and filing of a registration authority application for state registration of title to real property. Immediately necessary to stipulate that the whole procedure is paid. Maersk helps readers to explore varied viewpoints. The amount of payment for the assistance set by the notary. Currently, the state registration of rights, restrictions (encumbrances) of rights to immovable property, contracts for the alienation of real property from individuals charged the state a fee of 500 rubles (Article 333.33 of the Tax Code).

As an exception, the law on “dacha amnesty” found that for state registration of rights property of the individual to the land intended for ancillary, suburban agriculture, horticulture, gardening, personal garage or private residential construction, either created or created in this area immovable property is payable to the state a fee of 100 rubles. .

Civil Code

Purchase or sale of land – a concept more economic than legal. Buy, sell, exchange, transfer by inheritance, etc. You can only land. The legislator defines the land in accordance with st.134 cc, as a complex thing and as an object servitude relationship. The object of servitude relationship is real estate as a definite type of property. In accordance with paragraph 5 of Article 1 of the rf Land Code all strongly associated with land objects follow the fate of the land, except in cases stipulated by federal laws, and are therefore supplies the land (Article 135 cc RF), namely: a) buildings and structures, and b) the objects under construction, d) other objects.

In accordance with paragraph 2 of Article 275 of the Civil Code easement can not be an independent object of purchasing – sale, mortgage, and may not be granted – either way those who are not owners of real property for the use of which easement is installed. In accordance with paragraph 5 of Article 1 of the rf Land Code all strongly associated with land objects follow the fate of the land except in cases stipulated by federal laws. Thus, we can conclude that the easement, falling within the signs that characterize the real estate is not mentioned by the legislator in paragraph 1 of Article 130 cc rf due to the fact that there is a part of the object referred to – land. Thus, the land as the object of civil rights includes financial and legal components that form a single complex thing. The concept of "building" and "structures" are not fixed by law, in connection with which a modern doctrine have been many attempts to define (to distinguish from other objects) buildings.

General sign of buildings and structures as houses is the inability to move them without disproportionate damage to their destination. The concept of right and status of a residential building is defined by the housing legislation, and Chapter 35 Civil Code. Go right to use and possess residential building, as opposed to non-residential, issued the relevant contract, including purchase and sale, with one exception, namely: legal persons living premises may be granted for possession and (or) use under the contract. A legal person may use the premises only for the residence of (p.2 st.671 Civil Code). According to the article. 222 cc rf building or structure can not be erected without permission, without the authorization for its construction in this area. Otherwise, the building (structure) admits to unauthorized construction and subject to demolition to achieve its person at his expense, in view of what can not be traded. Emphasis should be placed on such a criterion for buildings and facilities as their connection with the land, acting as their location. Case that objective unity of these two separate properties have not yet received a uniform legal formalities. Rules of the land legislation the principle of common destiny of the two properties (Clause 5 of Article. 1 Land Code) to read as a form of rule following, according to which one property should be legal fate of the other property. Thus, we examined the characteristics of sales contracts real estate.