Both land plots and buildings areReal estate, i.e. Objects that have coordinates and can be uniquely "tied" and identified on the terrain. As any structure is erected on the land plot, both it and this site are a single whole and are united by the same legal guarantees.
Under Russian law, it is impossible to sell or buy a house without being tied to the land on which it was built.
What the legislation says
In the event that the seller isThe owner and structure, and the land plot, the alienation (sale) of this structure is possible only together with the land plot, as stipulated in Article 35 of the Land Code of the Russian Federation. This provision is mandatory and if the house owned by the seller was purchased without land, which is also its property, such a contract of sale does not have legal force and it can be recognized as invalid.
If the land plot does not belong to the seller
But there are cases when the building is onLand plot, 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, when acquiring a house, the buyer simultaneously acquires the right to land that is under construction and to the part that is necessary for its use. In this case, in accordance with paragraph 2 of Art. 271 of the Civil Code of the Russian Federation, he will use this land on the same terms, on which it was used by the seller. Those. The owner of the land-the lessor is obligated to prolong the lease with the buyer and the conditions for using the land should not be changed. Otherwise, the buyer has the right to apply to the court and confirm the conditions for using the land plot in court.
If the seller owned the site as an unlimited use, the buyer may be entitled to a one-time free privatization of the land without any additional conditions and restrictions.
Such a rule enshrined in lawAllows preserving the unity of fate of land plots and real estate objects located on them. This norm is one of the fundamental principles of land legislation and guarantees the preservation of the size and purpose of the land alienated with the house. This also applies to the servitudes established earlier for this land, encumbrances and restrictions in use, as well as the type of right to this land plot.
If you buy a part of the house, the land on which it is located is also divided in proportional shares.
In the event that the seller wants to put onSale of only part of the land with a structure, he can do it. This requires that the site was divided and each newly formed part of the once common land allotment was assigned a new cadastral number.