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08/28/2016
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Can I buy a house without land?

Can I buy a house without land?

And the land and buildings arereal estate, ie objects that have coordinates can be uniquely and "attached" and identified on the ground. As any building erected on the land, and it is, and this site is a single entity and the same combined legal safeguards.

Under Russian law to sell or buy a home without being tied to the land on which it is built, it is impossible.

What does the law

In the case where the seller isand the owner of the structure and land alienation (sale) of this structure is only possible together with the land, as stipulated in Article 35 of the Land Code. This provision is optional and if the house is located in the seller was purchased without land ownership, which is also his property, a contract of sale null and void does not have and can be invalidated.

If the land is not owned by the seller

But there are cases where the structure is located on theplot of land, the ownership of which belongs to a third party. This is possible if the house was built, for example, on leased land. According to Part 3 of Art. 552 of the Civil Code of the Russian Federation, in this case, buying a house, while the buyer gets right to the land, which is under the structure and on the part that is necessary for its use. Thus, in accordance with para. 2 of Art. 271 of the Civil Code, it will use the land under the same conditions in which he used it to the seller. Those. the owner-lessor of land is obliged to prolong the lease contract since the buyer and the conditions of use of land at the same time should not be changed. Otherwise, the buyer has the right to go to court and confirm the conditions of use of land in the courts.

If the seller has owned the site on the rights of perpetual use, the buyer can go right to a free one-time privatization of land, without any additional conditions and restrictions.

This enshrined in legislationIt allows you to keep the unity of the fate of land plots and real estate objects located on them. This rule is one of the fundamental principles of the law of the land and guarantees the preservation of the size and purpose of land, expropriated along with the house. This also applies to previously established for this land easements, encumbrances and restrictions in use, as well as the form of the right to this land.

If you bought the house, the land on which it is located, is also divided in proportionate shares.

In the case where the seller wants to put onselling only a portion of the land to the structure, he can do it. For this purpose, the land was divided and each part of the newly formed once the total land allotments assigned new cadastral number.

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