What says the law
In the case where the seller is the owner and buildings, and land alienation (selling) of this structure is possible only together with the land as stipulated in article 35 of the Land Code of the Russian Federation. This provision is mandatory and, if the house is owned by the seller were purchased without the land, which is also his property, such a contract sales force does not have and it can be considered invalid.
If the land is not owned by the seller
But there are cases where the structure is located on 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 article 552 of the Civil Code of the Russian Federation, in this case, buying a house, the purchaser and simultaneously acquires the right to land under the structure and on the part that is necessary for its use. In accordance with paragraph 2 of article 271 of the civil code, it will use the land under the same conditions, which, until it was used by the seller. I.e. the owner of the land-the lessor is obliged to prolong the lease is already with the buyer and conditions for the use of land should not be changed. Otherwise, the buyer has the right to go to court and confirm the conditions of land plot use in court.
If the seller owned the land on the rights of perpetual use, the customer can go right to a single free land privatization without any additional conditions and restrictions.
This is enshrined in legislation, the rule allows to preserve the unity of the fate of land plots and real estate objects located on them. This rule is one of the fundamental principles of land legislation and ensures the preservation of the size and purpose of land alienated with the house. This also applies to the previously established for this land easements, encumbrances and restrictions in the use of and rights in the land.
If you bought part of the house, the land on which it is located, is also divided in proportional shares.
In the case where the seller wants to sell only part of the land with the structure, he can do it. For this purpose, the land was divided and each newly formed part of the once common land assigned a new inventory number.
