Power of attorney for land share sample Russia

The rights to carry out registration actions, the object of which is a plot of land, are vested in the owner.
If, for a number of subjective reasons, he is not able to carry out the transaction on his own, the law allows the following option - delegation of rights to a third party, whose terms of reference are determined by means of a power of attorney.

The procedure for drawing up, signing, and applying a document endowed with legal force is regulated by the norms of Chapter. 10 Civil Code of the Russian Federation.

Let us examine in more detail how a power of attorney for registration of a land plot is drawn up.

Peculiarities

A power of attorney for registration of a land share or plot is a document that is valid in the legal sphere, granting the right to a third party, who is actually a third party, to assume obligations on behalf of the owner as part of registration transactions.
It is important to take into account that responsibility for solving the problems of the financial spectrum rests with the person who is actually the owner .

The rules for drawing up a power of attorney, use, as well as the range of actions of the trustee limited by law are defined and regulated by the norms of Chapter. 10 Civil Code of the Russian Federation.

Within the legal spectrum, the relationship between the parties is effectively considered gratuitous . But the law does not derogate from their right to independently determine the cost of the procedure for delegating property rights.

What is it like?

There are several types of power of attorney for a purchase and sale transaction with a land plot.

Free - written by hand in free form, does not require notarization. If the transaction itself will be carried out by a specialist, such a paper will not be suitable only when the entire process is based on trust.
Notarial – drawn up by a specialist according to a standard template and certified by a notary. The most common type of power of attorney in the case of the sale of land is a notarized power of attorney for the sale of a land plot.
General – in essence, the complete transfer of one’s powers to another person. It must be certified by a notary and gives the right to any action, even sell, even donate, even re-register the plot in your name. A general power of attorney for the sale of a land plot should be given to people in whom you are more confident than in yourself.

Types of document

In accordance with the provisions of the Civil Code of the Russian Federation, it is possible to issue a power of attorney in three different versions:

One-time. Its effect remains for the specified period. It is used to significantly limit the rights of the attorney by providing him with the opportunity to perform only a certain action.
Special. The range of powers of the attorney is limited to the list given in the document. If unforeseen circumstances arise, when an expansion of the range of powers is required, it is necessary to use additional documentation.
General. Grants the trustee a virtually unlimited range of rights to carry out any kind of transactions. In order to protect the interests of the owner of property assets, the law allows the cancellation of a previously drawn up document by the principal at any time and in the absence of compelling reasons.

A special power of attorney is positioned as the most popular and sought-after document, as it limits the range of powers of the trustee and prevents dishonest actions on his part.

Content

Special powers of attorney are the most common. They do not carry any risk, since all actions are described in detail and clearly. It is unacceptable to carry out other procedures under this document. But in cases requiring additional actions that could not be foreseen when drawing up the document, a new power of attorney will need to be drawn up, or the owner of the land plot will have to carry them out himself.

Types of document

The wording here is usually used as general as possible: “to be my representative on all issues relating to the lands in my ownership located in the Belgorod region, speaking on my behalf in all municipal and tax authorities, in the MFC and the Rosreestr branch throughout the Belgorod region from my name, signing all required documents and declarations, with the right to sell and purchase agricultural land and their registration in Rosreestr, in my name, acting exclusively in my interests, with the right to transfer land plots for rent for conducting agricultural business, signing property transaction agreements and receipt of funds for the transaction and for rent." The validity period not exceeding 3 years and the right of subrogation must be indicated here.

The power of attorney is drawn up on a special form by a notary, so it is advisable to prepare in advance a list of all the powers that you plan to give to the representative. When visiting a notary’s office, you will need to describe the situation as accurately as possible so that the notary can help you draw up the document correctly. In addition, it is necessary to prepare a package of documents on the basis of which a power of attorney is drawn up.

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If there is a power of attorney with the appropriate permission, the authorized representative can suspend state registration, change information in documents, and so on. That is why all powers received by a citizen on the basis of a power of attorney must be clearly stated.

Registration of a power of attorney for the sale of land

If it is enough for the owner to transfer the rights to conclude a purchase and sale agreement, then the law allows you to create a document in free form. But when transferring registration powers, certification by a notary is required.

The maximum period for issuing a general direct power of attorney for land is three years. Since such a document gives the representative maximum rights to act on behalf of the principal, it is especially important for the latter to clearly state the purpose of transferring his powers so that nothing unnecessary is done. So, for example, this could be a power of attorney for management, sale, donation, rental, etc. with all the accompanying stages.

Compilation rules

The rules for drawing up the document itself and collecting the accompanying package vary somewhat depending on the nature and characteristics of the transactions.
For example, to issue a power of attorney to draw up a lease agreement for a land plot, a minimum package of documentation will be required, while to conduct a purchase and sale transaction it is necessary to collect a sufficiently large number of documentation.

Below are the nuances and features of drawing up a document for a transaction of one kind or another:

For the purchase and sale of memory

In order to provide a third party with the authority to conduct a purchase and sale transaction on behalf of the principal, it will be necessary to prepare a power of attorney in accordance with a number of requirements regulated by the Civil Code of the Russian Federation.

A number of the following points are positioned as mandatory for inclusion:

Passport details of each participant in the legal procedure.
Characteristics of a land plot or site, the inclusion of which is carried out through the use of technical documentation.
Details given as part of the land title documentation.
Determination of the terms of reference of the attorney. This paragraph should be considered as a list of the rights of a person actually acting on behalf of the owner. If the acquisition of a land plot is intended, the attorney's powers are limited to the right to complete the transaction, sign documents at any of its stages, transfer the prepared package to a state body and subsequent receipt.
Formation date.
Signatures of the parties.
A notary's mark, that is, a seal and signature certifying the certification procedure.

When selling a plot, the document is drawn up in an identical manner. However, in the paragraph that includes the range of powers of the attorney, it is required to list the rights of the latter, which may include not only the ability to participate in the transaction, but also to receive payment, that is, cash.

Owned

A power of attorney to bring a land plot or plot into the status of personal property must be drawn up in accordance with the model adopted by regulatory legal acts.

The following items are required for inclusion:

date - it is required to provide the date when the owner realized the property rights to the land;
information regarding the subject, that is, the land plot, given on the basis of technical documentation;
information regarding the parties given on the basis of passports;
term of the power of attorney;
date of actual compilation;
signatures of participants;
notary's mark.

To conduct purchase and sale transactions or bring a land plot into ownership status, it is necessary to provide the registration authorities with a complete legal package, which must include a technical passport and title documents.

For rent

To transfer a land plot or plot to a tenant through the participation of a third party, in this case an attorney, a limited amount of documents is required, including only the passport of the participants in the legal procedure and, in fact, a power of attorney.

The simplified nature is due to the fact that a transaction of this kind is positioned as being carried out solely on the basis of the will of the parties.

Power of attorney for registration of a land plot: sample

A certain category of persons who are permanently staying in medical, rehabilitation and social centers, in places of deprivation of liberty, or in places where military units are deployed, have the right to certify a document at the place of stay.

Identification methods

Therefore, before giving your consent to perform any significant action, it is important to make sure that the document is still valid. In case of cancellation of the legal force of the general power of attorney, all actions relating to use, management, and transactions for the past period are also considered invalid.

One-time registration is free, repeated registration will have a certain cost, separate for each region. To have an idea of the act, it is worth studying an example of a power of attorney, and it is better to do this at home.

The cost of notarization consists of a fixed state fee and a fee according to the specialist’s price list for drawing up, printing, and mandatory verification of the authenticity of the required documents (passports). The price of the service depends on the region and costs from 700 to 1000 rubles. St. Petersburg, (date, month, year) I, Ivanov Ivan Ivanovich, born March 00, 1900, passport 40 00 000000 issued by TP No. 65 of the Department of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region. in the Primorsky district of the mountains. St. Petersburg on March 15, 2021, registered at the address: St. Petersburg, Vasika street, building 3, building 4, apartment 5, with this power of attorney I authorize Ivan Ivanovich Ivanov, born April 00, 1980, passport 40 00 000010 issued by TP No. 65 of the Department Federal Migration Service of Russia for St. Petersburg and Leningrad region.

Power of attorney to dispose of shares

Share Power of Attorney for a Land Share Shared Participation in the Construction of a Land Share 0 votes 2 answers Can a person write a power of attorney for a stranger so that he can manage the land share for the intended purpose, and with its subsequent redemption, to whom the power of attorney was written. Power of attorney for registration of a land plot: sample Sample of a power of attorney for registration of a land plot of power of attorney for registration of a land plot in .doc format A power of attorney for registration of a land plot must be notarized.

He couldn't come without legs. They both died three months later. Heat... In addition, you will need to prepare an additional copy of the document to send to the archives of the government agency. What do you need to know when drawing up a land donation agreement? To avoid this, let us consider in detail the rules and requirements for their registration and registration, and learn how to sell and purchase shares. Purchase and sale A land share can be purchased exclusively for agricultural purposes by individuals and legal entities. Preferential rights to acquisition have the participants of the cooperative in which the plot is located, or the agricultural enterprise that was formed as a result of the reorganization of such a cooperative.

Power of Attorney for Land Share 12 votes 4 answers How can I determine who currently owns my land plot? 10 years ago I sold my land share (I wrote out a power of attorney for the land share with the right to sell). Now information has appeared that the person did not use it and I am the owner again...

Forms of power of attorney for donating a land share

Date of preparation. If for any reason the date of drawing up the document is not indicated, the power of attorney form will be considered invalid.
Owner of the site. Full name and passport details.
Confidant. Full name and passport details.
Main text. It is necessary to describe the object in respect of which the power of attorney is issued, indicating the details from the documents confirming the owner of the land.
Listing the rights of a trustee.

When leasing a land share, the duration of the agreement is not limited. If the deal is concluded for more than 1 year, then the agreement must be registered with Rosreestr. The land rental fee is determined by the parties and cannot be changed by either of them. When determining the value of a land share, the following are taken into account:

purchase and sale;
exchange for other real estate;
leasing of land;
transfer for free use;
donation or inheritance;
registration as collateral;
contribution in the form of authorized capital upon joining a cooperative.

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Who is entitled to a land share?

Title documents are registered in the manner prescribed by Federal Law No. 122 “On state registration of rights to real estate and transactions with it.” More precise characteristics of the site are indicated in acts adopted by local authorities.

Remember that your behavior in conditions of public freedom of expression and, at the same time, Internet anonymity, changes not only the virtual, but also the real world, creates the impression of lawyers as well-mannered and educated people, and of jurisprudence in general.

written paperwork and notarization is required;
the principal’s signature is affixed in the presence of a specialist from a notary’s office (used to assess the adequacy and legal capacity of the citizen in question).

About land share for agricultural purposes

1 of the Labor Code of the Russian Federation The employee has the right to apply to the court with a claim for recovery of wages for absenteeism. The court will not receive a claim when considering the case in your case, in addition, a claim for reducing alimony debt will be paid to 50. Similar situations when executing a court decision, If he quits no matter what happens.

If registration has been suspended (maximum period 1 month), then the applicant has the right to collect additional documentation, correct information in the text of the agreement, and remove other errors. The donor can also increase the suspension period by 3 months. During this period, you need to collect and submit documents.

Notarization

Notarization of a power of attorney, regardless of the specifics of the procedure, is a mandatory element of it.
A power of attorney, in the clauses of which there is no notary mark, automatically loses legal force ; accordingly, the authorized person loses the opportunity to perform any actions and procedures, acting on behalf of the principal.

The procedure for drawing up and registration can be carried out both in the presence of a notary and before the visit. The parties have the right to independently draw up a power of attorney, including the pre-agreed points. However, it is necessary to sign only in the presence of a notary and after he has explained to the parties the civil rights and consequences.

The requirement to carry out the procedure in the presence of a notary is due to the need to confirm the mental health and adequacy of the parties. Exceptions regarding certification are specified in Art. 185.1 of the Civil Code of the Russian Federation.

Notary fee

According to the law of the Russian Federation, the transfer of real estate must be recorded in state registration authorities. This is stated in the Federal Law, issued in July 1997, number 122. Government Decree No. 457 defines a body - the Rosreestr Office, where applicants can obtain a certificate of state registration.

What do you need to know when drawing up a land donation agreement?

personal data of the property owner and representative;
a list of powers that the attorney has the right to exercise;
validity period of the power of attorney, this paragraph is written at will;
signatures of the parties, seal of the organization.

The law of the Russian Federation provides for such a legal possibility as transfer of trust. This presupposes the right of the attorney to transfer the entire range of his powers or part of them to other persons. The power of attorney must clearly state whether the attorney has this power. There may be several options indicated in the document:

Hello! The notary will decide this. But if the copy of the certificate is properly executed, then there will be no problems. My advice: take an extract from the Unified State Register of Real Estate (it doesn’t take long and is inexpensive) and there won’t be any problems. Moreover, you will need it (the extract) more than once.

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How to draw it up correctly and should I contact a lawyer?

Often citizens, for objective reasons, cannot make transactions on their own behalf. This may be preceded by illness, lack of time, etc. In this case, the legislator has provided for the possibility of performing legally significant actions through a proxy.

If the seller, during the period of validity of the power of attorney, decides to change, for example, the sales price, he can revoke the right to act on his behalf. If such a situation occurs, the buyer will not be able to return the money already paid.

Cost and terms

The price for the services of a third party acting as a principal is negotiated by the parties independently . But it is necessary to take into account that in fact the procedure for drawing up a power of attorney is positioned as a paid service, where a notary acts as the recipient of financial resources.

As for the timing, the power of attorney is considered as a document endowed with legal status only from the moment it is signed by the parties and includes a notary mark.

The validity period, according to Art. 186 of the Civil Code of the Russian Federation are determined by the participants independently, but if the validity period is not specified, then by default it cannot last more than a year.

Early termination is permissible if the following conditions exist:

registration by the authorized person of a refusal in writing of the powers granted to him;
death or incapacity of one of the parties;
declaring bankruptcy or liquidation of a legal entity acting as a trustee or principal.

Land share donation agreement

Good afternoon You probably want to draw up a deed of gift (donation agreement)? Based on Art. 12 Federal Law No. 101 of July 24, 2002, without allocating a land plot on account of the share belonging to the owner, he can donate it under a gift agreement only in favor of another shareholder like himself, an agricultural organization or a member of a peasant (farm) farm, also having rights to a plot that is in shared ownership, i.e. co-owners (neighbors). Since the share is real estate, the ownership rights to it, transferred to the donee by way of donation, are subject to state registration. To dispose of a land plot at his own discretion (to donate it in favor of any other persons other than co-owners), its owner must carry out the procedure for allocating the land plot against his existing share.

Is it possible to invalidate a document?

The law outlines a number of rules for drawing up a power of attorney, the violation of which entails its recognition as invalid. Among them:

The date of compilation is mandatory. In its absence, transactions are considered void, that is, deprived of legal force.
Within the framework of the contract, it is necessary to highlight the subject composition, that is, to provide the actual data of the parties.
The document was drawn up and executed with the participation of a person who does not actually have the rights to make transactions of any kind, for example, a minor who has been declared incompetent.

A transaction carried out on the basis of a power of attorney may be recognized as invalid if the parties violate the rules agreed upon and prescribed in the body of the document. The fact that a transaction was declared invalid can only be recognized within the framework of judicial proceedings.

Rules for drawing up a power of attorney

To obtain permission to represent interests, a citizen must provide:

passport;
cadastral passport for the land plot and the objects located on it;
title document for property.

An identification document is required from the person to whom the authority is transferred.

The content of the granted permit contains the following information:

personal data of the owner and representative (full name, series and number of passport, registration address and place of residence, for legal entities - name of the organization and address of the head office);
list of delegated powers;
validity period;
date of preparation and certification;
signatures of the parties.

Before completing the procedure, you should check:

the reliability of the specified details;
the presence of a clause on the date of compilation;
correctness of the full name of the organization and registration form;
completeness of the list of delegated powers.

The presence of errors or inaccuracies will result in the document having no legal force.

Nuances of making transactions

The procedure for making transactions on the basis of a power of attorney has some features regulated by the norms of the Civil Code of the Russian Federation.

It is recommended to pay attention to the following points:

If the attorney's powers are limited to the right to sign certain documents, there is no possibility of his participation in the transaction at any stage of its conclusion.
The principal has the right to revoke the power of attorney at any time. The list of grounds for termination of a document is not limited to the provisions of regulatory legal acts.
A transaction carried out with the participation of an attorney may be declared invalid if the principal is recognized as incapacitated or partially capable after its conclusion. This type of procedure is carried out within the framework of judicial proceedings.

For what actions with land can a power of attorney be issued?

For his part, the principal must also be careful. Judicial practice shows that quite often relatives and close friends appear as fraudsters in real estate matters. In addition, it is no less important to indicate in the text of the document how much the land costs and its intended purpose.

(date and place of registration in words)

I, (last name, first name, patronymic of the land owner, passport details with place of registration) with this power of attorney transfer authority to my representative (last name, first name, patronymic of the land owner, passport details with place of registration) to (specify the purpose, for example, management, use, donation, conclusion of a specific transaction, etc.) of a land plot located at (specify address).

The land plot (fix the main characteristics, including area, cadastre number) belongs to me on the basis of (indicate the title document, its number, date of issue) and is valued at (amount in words).

The following rights have been transferred to the representative on my behalf: (list point by point all the powers that the principal entrusts).

This general power of attorney was issued for a period of (fix) without the right (with the right) of subrogation.

Personal signature of the owner of the real estate.

Certification record of the notary, his signature and seal.

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Despite the fact that each notary has a standard form of power of attorney, it is important for the home owner to clearly formulate the purpose of this document in his particular case, to think in advance exactly what rights he is transferring to his representative and for how long. The description of each action must be detailed, leaving no room for free perception and ambiguous interpretation.

In addition, if a private house belongs to several persons at the same time, that is, it is in co-ownership (namely co-ownership, not shared ownership), these citizens must be indicated in the text of the power of attorney.

We invite you to read: Registration of a land donation agreement

The notary, after checking the required documents presented, formalizes the powers of the trustee, recording the details independently. To do this, he has a letterhead on which the necessary information is entered. This greatly simplifies and speeds up the procedure, ensuring compliance with all legal regulations.

A general power of attorney for a house can be supplemented by the transfer of rights to sell real estate, its exchange, to sell a share of property, as well as inheritance procedures. The notary is also obliged to record his last name, first name, patronymic in the document, put the date of signing and his seal.

It is important to pay special attention to the validity period of the power of attorney. It is highly advisable to indicate a specific date until which the document remains valid. If you do not specify anything, the general power of attorney will automatically be considered valid for one year. Upon conclusion of the necessary transaction, the authorized person also has the right to apply to Rosreestr on behalf of the principal for registration, having with him a list of the requested documents:

Agreement on the sale of a house in ownership on behalf of the principal;
Act of acceptance and transfer of property;
Receipt for payment of state duty;
Technical documentation for the facility.

Before issuing a general power of attorney, it is necessary to determine whether the representative will have the right to reissue the power of attorney to another person on behalf of the owner of the house. If there is no prohibition on this in the document, permission is automatically given by law.

Forms of power of attorney for donating a land share

Making a decision about donation.
Drawing up a gift agreement and collecting documents.
Payment of state duty.
Signing the transfer deed.
Re-registration of proprietary rights at the Registration Chamber.

You can draw up a transaction agreement yourself, but you can (and this is preferable) contact a notary. The fact is that this is not as simple as it might seem at first glance - a person who is not legally savvy can make mistakes or points that go against the law. This will be a legal reason to refuse to register the transaction. Moreover, it will be almost impossible to challenge an agreement drawn up in a notary’s office and registered. This is the main distinguishing feature of giving. Advantages The advantages of donating a plot include:

availability of tax breaks;
the property for which the gift agreement is executed is not included in the inheritance mass, the document cannot be canceled after the death of the donor, since during his lifetime he can freely dispose of the property, with the exception of situations where the rights of specific individuals are violated;
Part of the land area can be donated.

Mandatory conditions When drawing up a gift agreement in 2017, it is necessary to take into account the mandatory conditions. They can facilitate the procedure and subsequent disposal of the site.

Forms of power of attorney for donating a land share

If you need to donate a share in an apartment or a room, then you need to take into account changes in legislation. How to formalize the donation of an apartment to a close relative can be read here.

It should be remembered that the donation is gratuitous. If you include in the contract the requirements for the recipient of the property, the paper will lose legal force. Minors and incapacitated persons cannot donate real estate even through a legal representative. Land If a person wants to donate a plot of land, he can perform the action by drawing up a power of attorney. The representative receives the right to enter into an agreement on behalf of the owner of a piece of land.

What is the essence of a power of attorney for donation?

There are no special differences from giving a gift to a relative, except for taxation. That is why, if the parties are related by blood ties - and the law includes parents, offspring, brothers, sisters, grandparents, and spouses as such - this must be reflected in the contract, and also confirmed by a certificate from the registry office. Otherwise, the transaction will proceed as standard. What does this mean: the recipient is obliged to pay a tax of 13% of the cost of the plot, which is specified in the contract (Art.

217 NK). Features of donation:

Land with buildings. If there are any buildings on the site, they are automatically donated along with the site.
Land with a house. There are no special features here.
Shares of land. You can donate not even the entire plot, but only a share of it. This is permitted by law, but you must first contact a geodetic company for a plan of the share that will be alienated.