For registration of lease rights to land must conclude a lease of land. He concluded in a written form, defined term. Omission in the lease term of the lease means that the contract is concluded for an indefinite period. If the term exceeds one year or is not defined, then by law the lease subject to state registration in the Unified State Register of Rights to immovable property and transactions with it. That's why it every 11 months to sign a new contract to avoid registration.
The lease contract of the land plot (as well as any other property that is the subject of the lease) needs to be clearly defined. If it is not defined or unclear, then the lease will be easy to recognize concluded. To identify plot by using the indication of its cadastral number (a unique number assigned to parcels with their cadastral registration), address, or approximate location, square.
To take land on lease is entitled to its owner, and in some cases other persons authorized by the owner or by law. For example, the state. The lessee is entitled to lease the leased land to sublet, but with the consent of the owner.
An important issue that must be specified in the lease is the rent and the procedure for its entering. Sometimes in the contract, these conditions are not prescribed. This then implies that will be applied to the amount of rent and the procedure for its making, which is usually applied when leasing similar property. As a rule, is not very profitable, so when you make land you must look to the contract provided the terms of the amount of rent and the manner of its application. The rent amount cannot change more often than once a year.
In order to obtain the land on lease to make the lease so that the leased land can be easily identified. Must be treated carefully to ensure that the contract contained the terms of the amount of rent, the manner of its application. If the land lease agreement is for a term exceeding one year, it must be registered in the Unified State Register of Rights to immovable property and transactions with it. Adhering to all these simple requirements will help you in the future to avoid the problems associated with rights on your land.
Advice 2: How to apply for public land
Registration of land in common usewithin buildings and related rights of ownership of citizens to arrange to rent with the limitation of the public easement that is done often. In exceptional cases documents of title marked the transfer of land to common use in the joint property of citizens or perpetual lease.
You will need
- - resolution;
- - the contract;
- - cadastral documents;
- - the statement in FPRZ;
- receipt of payment for registration;
- - photocopies of all documents;
- - the passport.
To place land in common use on the grounds lease with the limitation of the public easement, contact the administration and get a resolution, simultaneously sign a lease.
You will have, at its expense, to conduct a survey and to put the land plot cadastral registration. You will then be able to apply to PPRC, to register the lease contract with the restriction in subsection No. 3-3. Public easement means to pay the rent, surveying and registration will be you, and use the land to all citizens without limitations, as to the lands of common use are roads, squares, parks, places where city-wide communications, transmission lines, gas distribution pipes etc.
To register the land in perpetual lease, sign a contract with the administration. Contact the land Committee, a statement of the land plot. The deal is a perpetual lease shall be registered in PPRC. In accordance with Federal law No. 122-F3, you will not be able to register the contract without the cadastral documents.
Usually registration of land in common use are not citizens, and the Chairman garazhno-building cooperative, the Chairman of the horticultural Association or other associations created voluntarily for their household needs. The rent is distributed among all members of the partnership, so the amount for each citizen separately insignificant.
If documents of title specified that you want to transfer the land to General use in the property, you should delimit the area, put on the cadastral account and to register the title in PPRC.
Currently, the article No. 36 of the town planning code prohibits construction on such land, and all types of associations in the territories with the intersection of the lands of common use, so the question of registration does not arise.