Premises with burdenning
The Different operations with premises and земельными areas quite often are accompanied burdenning. Burdenning - exactly so in градостроительной practical person name stateded law of condition, prohibitions, restricting legal owner at realization of ownership or other property rights on concrete object of real estate.
reason for restriction
The Reason For restriction of rights of owner of земельного area contains in official list of burdenning. Thereafter pepper, земельный area, given for construction, reconstructions or improvements, can be burdenned in an запретами stated by legislation order on change the target use or purposes of area without co-ordination in accordance with the established order, on separate types and parameters of use the земельного area, on change the objects to premises. Besides, земельный area can be burdenned by restrictions on use as земельного area in connection with location on him buildings, constructions and buildings, not belonging to owner, owner, user or lessee of givenned area, so and objects engineering, transport and social infrastructures, residing in municipal or state property, disposed on земельном area, given in property, possession, use or lease legal or physical person. And, finally, burdenning can be concluded in the following conditions: begin and terminate the construction, reconstruction or improvement during stated period on coordinated in accordance with the established order to project; keep the restrictions on use the земельного area, disposed in zone a guard of monuments of history and cultures, on territory specifically protected natural object, in водоохранной zone, in borders of territory, subject to influence of exceeding situations natural and техногенного nature, other territory, restrictions on use which is fixed in legislative order.
How the specialists emphasize, list is not exhausting. Земельный Area can be is also burdenned by other градостроительными restrictions, запретами and other conditions of use, installed in state and public interests in accordance with legislation.
Amongst most wide-spread types of restrictions of ownership on real estate specialists select the lease, mortgage, сервитут and confidential control. We will Define the particularities each of them.
lease
On agreement of lease of building or buildings a lessor undertakes to transfer its in temporary possession and use (or in temporary use) to tenant. Земельные Area, with the exclusion of withdrawn from turn, will deliver in accordance with civil legislation and Земельным Code РФ. The Agreement of lease conclude in writing, forming one document, signed by parties. The Non-observance of form does its void. The Agreement of lease of building or buildings, as well as leases (the subleases) of земельного area, comprised for period not less year, subjects to the state registration and is considered comprised at this point of time. The Registration of lease of premises conduct by means of state registration of agreement of lease. Necessary to note that with statement about registrations of agreement of lease can address one of the the parties. At delivery of земельного area (the area недр) or its part to agreement, submitted for госрегистрацию rights, enclose кадастровый plan of area with instruction of part, delivered in lease. At delivery of building, buildings or part of premiseses in them to agreement enclose the поэтажные plans of building, buildings, to which mark delivered territory with instruction of its areas.
mortgage
On agreement about mortgage (the guarantee of real estate) one party (the pawnbroker or obligee on obligation, provided by mortgage) has the right to get the satisfaction of their own money requirements to debtor from cost of mortgaged premises other parties (залогодателя) mainly before other obligees залогодателя (for withdrawal, stated by federal law).
To guarantee of real estate, appearing on the grounds of federal law when coming specified in him circumstances (the mortgage on the strength of law), accordingly use the rules about guarantee, appearing on the strength of agreement about mortgage if law is not stated other. The Mortgage can be installed in ensuring the obligation on credit agreement, on agreement of loan or other obligation, including founded on verse-sale, lease. Госрегистрация Agreement about mortgage represents itself reason for putting into United state roll of rights of record about mortgage. The Registration produce on the grounds of statements залогодателя or pawnbroker after госрегистрации of property rights залогодателя on premises. To statement necessary to enclose the agreement about mortgage together with specified by documents in him. In registrations can be refused if mortgage specified in agreement of property inadmissible in accordance with legislation РФ if contents of agreement or aplicable to him necessary documents does not be up to quality registrations. At госрегистрации indicate given about pawnbroker and subject of mortgage, cost provided by mortgage of obligation or data about order and terms of determination of this cost.
Registration record about mortgage redeem on the grounds of statements of owner a mortage, joint statement залогодателя and pawnbroker or on the grounds of enterred in legal power of decision of court.
сервитут
Сервитут Represents itself right of limiteded use someone else земельным an area. Сервитут Install for ensuring the passage and journey through nearby area, layings and usages of lines электропередачи, relationships and pipe lines, ensuring the water-supply and land reclamations, as well as if and when other necessities of person can be not provided without determination сервитута. That is to say owner of property (the земельного area, other premises) has the right to require from owner of nearby area, but in necessary events and from master of other земельного area (the nearby area) of granting the right of limiteded use nearby area (сервитута). Сервитутом Burden the buildings, buildings and other property, limited use which necessary outside of relationships with use by land. For master of real estate, in respect of rights which is installed сервитут, last actаases the restrictions. Necessary to note that burdenning the area сервитутом does not deprive any owner of rights a holdings, uses and dictations by land.
Distinguish private and public сервитут. Private, installed on agreement between person, requiring сервитута, and owner of nearby area, subjects to the registrations. In the event of недостижения agreement on determination or terms сервитута dispute is permitted the court on suit of person, requiring determinations сервитута.
Public сервитут if it required for ensuring the interests of state, organs of local home rule or local population, install the law, normative acts РФ and subjects РФ, organs of local home rule without removing the земельных areas. For instance, public сервитут possible to install for passage, journey or running of live-stock through area, for undertaking the дренажных functioning and т. d.
The Owner of area, burdenned сервитутом, has the right if other is not provided by law, require from persons, in interests which is installed сервитут, commensurate board per use by land.
Сервитуты Subjects To the registrations in accordance with law. Its conduct in United state roll of rights on the grounds of statements of owner of premises or person, in whose profit is installed сервитут, at presence beside the last of agreement on сервитуте. Сервитут Takes Effect after its registrations.
If сервитут pertains only to part of земельного area or other object of premises, to documents, in which is specified contents and sphere of action сервитута, enclose notorized corresponding to organization (the organ) on account of objects of real estate a plan, on which noted sphere of action сервитута.
If сервитут pertains to the whole земельному to area, give кадастровый plan of area not necessary.
confidential control
The Owner can transfer its property in confidential control other person (confidential controlling). Such transfer does not draw ]transition of ownership to confidential controlling, which is obliged to realize control a property in interests of owner or specified by it outside party.
On agreement of confidential control one party (the founder of control) will transfer other party (confidential controlling) on determined period a property in confidential control, but other party undertakes to realize control in interests of founder of control or specified by it person (выгодоприобретателя).
Any right on premises, connected with dictation her on the conditions of confidential control, register on the grounds of documents solely, defining such relations, including on the grounds of agreement or decisions of court. The Agreement of confidential control conclude in writing, herewith in respect of premises - in form, provided for agreement of selling the real estate. The Transfer of premises in confidential control subjects to the госрегистрации in same order, as ]transition of ownership on this property.
The Non-observance of form of agreement of confidential control or claims for registrations of transfer of property in confidential control does the agreement void.
registration of burdenning
Either as Ownership on premises, burdenning subjects to the state registration. Each record about restriction identify the number to registrations. Burdenning can appear on the grounds of deals in respect of real estate, act of organs state authorities (the organs of local home rule), law, as well as decisions of court, enterred in legal power.
The State registration of restrictions has important practical importance. Во?первых, at this point of time information fall into United state roll of rights, extract from which usually call at completion of deals with premises. The Extract without fall contains given about presence or absence of burdenning, правопритязаниях and announced in judicial order rights requirements in respect of object. So if in respect of apartments, which you want to gain, is installed restrictions, from buying follows to refuse.
Burdenning of ownership and other property rights by rights of outside parties possible to register on the initiative legal owners or приобретателей of specifieded rights.
If restriction register not on the initiative owner (the legal owner), its without fall about this ]notify. Burdenning in public interests (for instance, public сервитут) register on the initiative organs state authorities and organs of local home rule moreover Federal registration service РФ certainly ]notifies of this legal owner (the legal owners).
