Lawyers of the Philippines! Philippine lawyers, all online.

Purchase and sale of land

Plots recently became the objects of sale - the current Land Code (HCC) of Ukraine is only adopted in, and the Civil Code (CC) of Ukraine is only valid from the beginning ofBut despite of this, the number of land transactions is large enough and their number is growing every day.

Not the least this paper is the growth in land prices in the capital and suburbs, as well as in other large Ukrainian cities.

And if the earlier of one of the most profitable investment is considered a purchase and subsequent sale of residential property (again, in Kiev and other major cities), now goes to the first position of the purchase and sale of land. The development and improvement of land relations associated with the introduction of private ownership of land. In a market environment is a continuous redistribution of land, providing more effective use. This redistribution of the land owners is carried out mainly by the sale. In the meantime, talk about the land market in Ukraine is still too early, most likely, he just began to build and therefore have a certain local color. To go directly to the description of the transactions in the purchase and sale of land, it must be said that the law provides for three forms of ownership of land in Ukraine: private, municipal government. For each one of the forms is characterized by its own special rules and restrictions on alienation of land. The Land Code of Ukraine divides all of the land of our country in the category, each one has a special legal regime, which determines the possibility and procedure for sale and purchase. In this case, it suffices to say that the land is agricultural and nonagricultural. For buyers of agricultural land subject to the special requirements of Part one of Art. LC, which states that they may be: citizens of Ukraine with agricultural education or work experience in agriculture, either engaged in conducting a commodity agricultural entities production of Ukraine, constituent documents which are provided for the maintenance of agricultural production. As for the buyers of the land, then they can serve both legal and physical persons. About land acquisition by foreigners, then the matter will be dealt with in a later article. Therefore, before purchasing a particular land is important to establish to what property it is and what the INTENDED purpose of it. The purchase and sale of land in one of the most common agreement for the acquisition of rights to ownership of land is a contract of sale of land (the contract). It is in writing and will be subject to mandatory notarization and state registration. This agreement is independent of the seller of the land, and not regardless of the purposes of the purchased land. Note: the purchase of land, which is the goal of the planned changes, be sure that it is possible. For example, to change the purpose of agricultural land (and even more so if it is arable land) is almost impossible. Before you enter into a contract of sale, the buyer should check if the seller is the site of its owner. Very often, the seller either incorrectly drawn up documents, or it is only part of it, in the worst case he has them at all. And, as we know, only the owners (with rare exceptions) has the right to dispose of their property, in this case in the land, including the property seller to perform. The purchase of the land from nonowners, the buyer, therefore, can not go right to the property, since that right is not owned by the seller.

Title documents on the land is a State acts in land ownership, which must be made on a special form and must contain the following information: name of owner, description of land (area, location, plan, purpose), the signature of the local state administration (or the local council) and the heads of local authorities of the land.

Signing the contract, you must first conduct an expert evaluation of the land.

The amount determined by the appraiser, is not binding on the parties, but is used in the calculation of a notary public duties. The essential terms of the contract of sale of the Land Code, Article in relation to the following: name of parties, type of contract (purchase agreement), subject of the agreement (description of land), proof of ownership of the seller on the site, the information that there is no prohibition on the alienation of land information about the presence or absence of restrictions on the use of the site for the DELIBERATE purpose of it, the price of the contract, the obligations of the parties to the agreement. The contract should also specify the order of calculations, expert assessment of the site, the parties responsible for the improper performance of the contract, the case of the termination of the contract. Parties to the agreement may not: change the intended purpose and manner of land use and other mandatory requirements of law.

In spite of the fact that the contract of sale of land ceases to rights and obligations of the previous owner, it does not stop the rights and obligations of third parties, they are: the mortgage obligations (including the mortgage), easements, leases, other restrictions and encumbrances.

If the site is selling one the wife should get the written consent of the other spouse (if the land is acquired during the marriage).

It is also desirable that the vendor has provided documentation that there is no debt to pay for the land.

Notarization and state registration of the contract made by a notary at the location of the land. Before the identity of the transaction the notary checks the documents proving legal capacity of the parties (passport, charter, power of attorney representative), the Law of the State, the availability of third party rights on the site, as well as the other required documents.

The fee for certification of a contract of sale of land is a percentage of the value of the site according to the expert assessment specified in the contract.

After notarization and state registration of the agreement should apply to local authority land for re-registration of title to land and get a new State act in the name of the buyer (new owner). Buy land to be held in the community ownership of the subject contract of sale, except for private ownership of land, the land can also be found in municipal and state ownership, managed by agencies of state and local authorities within their powers.

The Code of the Land regulates in some detail the sale of the above land to individuals and legal entities.

People who are interested in taking of land, which they have the right of permanent use or lease, must apply to the relevant local authorities on the application (petition), which indicates the desired location of the site, its intended purpose and size. Attached to the documents of the application provided by the law. The application is considered within one month and a decision to sell the land or to refuse to sell the reason. People who submitted an application (petition) to get out of the ground, not in the their possession for sale of such land is made not later than thirty days from the date of the draft land allocation. The cost of land is determined on the basis of its regulatory and expert evaluation. The law provides for the possibility of the acquisition of land in installments. The decision is the basis for the conclusion of the relevant executive authority or local government contract of sale of land. It is also worth considering that the land of state or communal property held for sale to business entities for construction, to be sold on a competitive basis through the sales of land in the manner prescribed by Chapter Twenty-one of the Land Code. suggests that this procedure does not apply to the purchase of land on which there are objects of real estate. If you do not want to sell grounds for refusing to sell part of state or municipal ownership of the established art. of the Land Code: failure to submit the documents necessary for a decision on the sale of land, the identification of false information in the documents, if in respect of the business entity files bankruptcy or stop the task. The decision to refuse the sale of land may be appealed in court.