Comprehensive verification of the legal purity of a land plot with a guarantee

Specification of land encumbrance

"Encumbrance" Specification of encumbrance of a land plot
Encumbrance of a land plot is a legal restriction imposed on a certain territory or real estate (house, apartment) in relation to any type of its operation - rent, easement, sale, etc.

Transactions are regulated by the Land Code of the Russian Federation, the Federal Law “On State Registration of Real Estate” and a number of regulatory legal acts that determine the procedure for the emergence of onerous relations and the circumstances surrounding this fact.

An agreement on the limitation of a site is concluded in writing, according to a clearly regulated model.

The following agreements are considered onerous:

on the collateral or lease of land on a paid/free basis; on the seizure of a plot of land for the purpose of compensation for damage or expenses, as well as its further sale; on the legal restriction of the right to use the territory by third parties.

In fact, the owner of the plot cannot fully dispose of his land property, but remains its legal owner, retaining the corresponding rights of the owner.

The greatest inconvenience in relation to the operation of the restriction norm is caused by the conduct of various financial and legal transactions directly related to the turnover of the encumbered area. Selling such land is quite troublesome and time-consuming.

Therefore, before buying land, it is advisable to check it for the presence or absence of an onerous nature.

Types of land encumbrance

In accordance with the Land Code of the Russian Federation, there are several categories of encumbrances on a land plot:

Easement

It is a restrictive measure for the use of someone else's land.

Encumbering a land plot with an easement is relevant in relation to the acquisition of the opportunity (right) to travel, pass or carry out other types of actions - laying communications, water supply, telecommunication networks, etc. - through the neighboring territory. At the same time, the right of ownership, disposal and use of the site remains with the owner.

Land encumbrances are divided into types:

Private. Involves imposing a burden on the land of neighboring parties through a voluntary initiative or a court decision. A certain fee is charged for the use of the territory. Public. Protects national interests at the regional or federal level. Restrictions are imposed by both the national and local executive authorities.

In the event of the sale of such a territory, the encumbrances on the land plot are not removed and are transferred to the new owner. All types of easements are subject to mandatory state registration. The tax on registration of encumbrance is 500 rubles. for individuals and 2 thousand rubles. for legal entities.

Mortgage

Implies certain restrictions on the right to freely dispose of land that is mortgaged to the bank. The plot is used to satisfy agreements under credit agreements, loans, obligations arising from the lease or purchase of land. For mortgaged territory, the same rules apply as for pledging real estate, but with a small caveat:

The object of the mortgage can be not only ownership, but also long-term lease, subject to the personal consent of the owner.

The area of ​​the plot must comply with the established norm for a specific case of land exploitation. The introduction of a mortgage is categorically unacceptable in relation to municipal and state territories.

An exception is provided only for housing construction or infrastructure development for which a loan was taken.

The mortgage obligation is covered if the borrower and the lender file a joint application or the court makes an appropriate decision.

Rent

It is temporary and regulated by the Land and Civil Code of the Russian Federation. Concluded only in writing. Failure to comply with this rule is fraught with legal inconsistency of the transaction and its cancellation. Rent can be:

Short term. Does not require state registration and acquires legal force from the moment the agreement is signed. You can rent land for up to 1 year. Long-term. Requires approval by competent government agencies. It involves payment of a duty at a rate of 500 rubles. for individuals and 7500 rub. for legal entities. The period of use is from a year or more.

An important and immutable condition for registering a lease is the provision of a cadastral plan of the land with a clear definition of its boundaries. An easement of this type of relationship is valid only until the end of the lease term.

Arrest

The only onerous contract that deprives the legality of all types of transactions. It is used as a punitive measure in a variety of controversial situations, the resolution of which can only be carried out in court. Selling, donating or arbitrarily disposing of seized land is prohibited. It is also unacceptable to divide it or enlarge it by merging with neighboring areas.

Trust management

It involves the management of the territory by a trusted person (housekeeper) in the interests of both the owner and the entity specified by him. Requires official registration of the Unified State Register.

Concession

A specific type of agreement regarding the exploitation of land for some payment. It is concluded with a specific intention - for example, to build a structure with the aim of making a profit in the future.

Right of claim

Arises due to a dispute over ownership of a certain plot of land when the court is involved. Has a short-term effect.

Land seizure

Applies to sanitary protection and protected areas. It is used extremely rarely and is an exceptional government measure.

Prohibition on alienation

Refers to areas that are in close proximity to special facilities and zones - water treatment and water intake facilities, places of health improvement, environmental protection or an increased level of environmental risk, etc. The area is determined by the nature of the structures located on the territory.

Procedure for registering an encumbrance

An easement is formalized by registering the agreement in the Unified State Register and entering the relevant information about the land plot into the cadastral list.

This gives the right to carry out various transactions related to land in accordance with the provisions of the law in each individual case. For example, any sale of a land plot with an encumbrance is impossible without an extract from the state register about its actual status.

Registration must be carried out at the request of the copyright holder. Without his initiative, such an action is considered illegal.

Documents for obtaining a certificate of absence of encumbrances on a land plot The defining moment of full and unlimited use of land is the encumbrance of the land plot.

Therefore, obtaining an extract from the Unified State Register is a rational and appropriate option for protecting the owner of his own rights.

Such a report provides comprehensive information about the presence of encumbrances and information about the total area of ​​the plot, its owner, cadastral number, a list of restrictions, if any, as well as the exact address of the property. You can check the data of the received extract for its accuracy on the Rosreestr website.

Features of selling a plot with encumbrances

Land with an easement is sold by signing a text (paper) purchase and sale agreement. The application is written by the owner of the land, which can be a neighbor on the site, a creditor or government authority.

Otherwise, it is necessary to notify him or the transaction will be declared invalid. The sale of territory with restrictions lasts quite a long time, which is why it is recommended to eliminate the easement.

A purchase and sale agreement for a land plot with an encumbrance is drawn up in accordance with the type of easement. Most often this concerns a loan or mortgage.

Possible restrictions on rights to land encumbrance

The provisions on land restrictions are regulated by the norms of the law, which acts as a guarantor of compliance with state and public interests. In this regard, there are general and special restrictions on the encumbrance of rights to land plots:

General - responsibility for the use of the land and the preservation of its quality indicators, a ban on the exploitation of the land in case of harm to it, the environment or human health, etc.

Special - vetoing the right to carry out a certain type of activity due to the risk of causing irreparable damage to nature, ecology, resources, etc. In the field of legal regulation, encumbrances take the form of constitutional restrictions, architectural, land and environmental legal easements.

Removing encumbrances from land

Cancellation of an easement should only be carried out by a qualified specialist who is well versed in the specifics of the case and knows exactly how to remove the encumbrance from the land plot.

One of the main conditions for the termination of restrictions is the provision of the appropriate package of documents and legal grounds for the implementation of the process to the Unified State Register.

The reason for canceling the encumbrance of a plot is:

Bankruptcy of a financial institution and the impossibility of transferring loan obligations to another bank. Full repayment of all debts. Provision of alternative collateral, such as real estate.

Thus, when choosing a suitable land plot for purchase, you should not neglect checking it for easements or other types of encumbrances. Timely forethought will save you from unwanted legal problems and financial expenses associated with such lands.

Share this article with your friends:

Source: https://PravoNaNasledstvo.ru/obremenenie/specifikaciya-obremeneniya-zemelnogo-uchastka.html

Cons of restrictions

When planning a large purchase, we must not forget that a ban may be placed on the seller’s property.
As a result, the agreement may be illegal , even if the client has paid the full price.
To save your funds, you need to find out the restriction using a special number. When planning to purchase a secondary home, you need to fully review the history of the property. It may turn out that a document of an onerous type was drawn up for it, and the right of ownership belongs to another person, a company.

The following obligations of the owner may encumber the property:

• rent;
• mortgage;
• seizure of property;
• registered citizens;
• tenants;
• emergency condition of the structure.

In such cases, a ban on implementation is issued. By checking the arrest by cadastral number, you can avoid problems:

1. To reduce the risks associated with the purchase, you should use the following tips: Contact a specialist who works in the real estate field.
2. Find out the restrictions imposed on the site according to KN. All restrictions are entered into the State Cadastre . Having received a certificate from the registry, it is easy to find out the restrictions.
3. No people should be registered in the apartment ; all utilities must be paid for.
4. Housing must not be rented. Full information is easy to see in the tax office and self-government bodies.
5. The building should not be considered dilapidated. For a structure made of stone, wear should not exceed 70%, for houses made of wood - 60%.

If you want to check the encumbrance under the CN, please note that it is not always necessary to refuse the agreement if there are nuances. In some cases, the presence of restrictions can cause a serious reduction in the value of property, resulting in huge benefits.

ATTENTION! For example, a client does not have the entire amount to purchase his home, and a mortgage would be an excellent option for him. If there is an agreement with the bank, it becomes possible to re-register the collateral and pay only half of the amount, with the rest paid to the organization over time.

Checking the number restrictions allows the client to get the big picture before entering into an agreement. When buying such real estate, you need to remember that all the obligations of the seller will be transferred along with it.

Land encumbrance: what is it and what types exist?

The presence of an encumbrance on real estate limits the rights of the owner regarding the disposal and operation of the land plot.

As a rule, this type of real estate cannot be sold, donated or leased without the permission of the entity in whose favor the encumbrance was imposed.

What is an encumbrance on a land plot, what types exist and how can the encumbrance be removed - we will consider further

What is this?

Encumbrance of a land plot is a restriction of the rights of the owner, on a temporary or permanent basis.

It may concern:

1. Use of Land Certain restrictions have been placed by the court or municipal authority on how the land may be used. For example, the construction of industrial facilities in this area is strictly prohibited. Such restrictions are most often indicated in land cadastral documentation.
2. Use of land by third parties. The state or the owner himself may impose restrictions on the use of the site by outside entities. For example, the state may prohibit the use of a river located on the site for its own purposes, thereby protecting the natural site.
3. Ownership and disposal of land. Such restrictions apply specifically to the rights of the owner himself. For example, when registering a mortgage on a land plot in Rosreestr, a restriction on the alienation of real estate (sale, donation, exchange, etc.) will be issued. To conduct transactions related to this site, you will need to obtain permission from the entity in whose favor the encumbrance was imposed. In this case, permission from the bank.

There are temporary encumbrances, which lose their force after the owner fulfills certain obligations, for example, repaying a mortgage, and permanent encumbrances, which are tied directly to the land itself and remain valid regardless of who the owner is.

When is it appointed?

The imposition of an encumbrance is implemented in two ways:

1. Based on the law. For example, the court issues a decision to seize real estate until the owner of the land plot pays off the debt or fulfills the tasks set by the court.
2. By agreement. When applying for a mortgage on a land plot, the owner agrees to encumber its purchase until the loan is repaid. The conditions and procedure for assigning/removing an encumbrance are stipulated in the agreement signed with the bank.

Most often, encumbrances under the agreement are temporary and are based on certain requirements for the owner. As for encumbrances under the law, they can be either temporary (by a court decision) or permanent (based on the provisions of a particular law aimed at protecting the Land Fund and natural resources of the country).

How to find out about the encumbrance?

You can check a land plot for encumbrances in the following ways:

• contact the Rosreestr branch and order an extract for the property of interest;
• see the availability of arrests on the FSSP website (to do this you need to know the owner’s full name and date of birth);
• contact the local administration and clarify information about the location of specially protected objects.

Attention! Both the owner of real estate and any other interested person have the right to submit an application and receive an extract.

The legislation distinguishes the following types of encumbrances on land plots:

How is the burden removed?

Removal of an encumbrance from a land plot is possible only after the owner:

• fulfill the terms of the agreement (for a mortgage, assignment);
• pay off the debt (if arrested);
• will provide a document confirming the absence of conditions on the basis of which the easement was assigned;
• will provide an agreement indicating that its validity period has expired.

Termination of an encumbrance assigned on the basis of trust management can only be accomplished on the basis of an agreement between the parties or as a result of the death of one of the parties to the transaction.

When conducting any transactions involving the subsequent imposition of encumbrances on real estate, you should first consult with a lawyer who will tell you how to correctly draw up an agreement and what clauses should be excluded from it.

for free

Source: https://yuristproffi.ru/nedvizhimost/chto-takoe-obremenenie-zemelnogo-uchastka-zachem-nuzhno-i-kak-registriruetsya.html

Encumbrance can severely limit the rights of landowners

Encumbrance of a land plot (PL) is a restriction of the rights of owners and possessors of a plot of land in favor of other persons, in which there is no loss of property rights. The encumbrance can be temporary or permanent.

It is established by agreements, decrees of state and municipal bodies, and normative legal acts (LLA).

The sale of a land plot with an encumbrance becomes possible only if certain conditions are met, and in some cases it is not possible at all. In the article we will look at:

• what restrictions and encumbrances on the land plot exist;
• how to conclude a purchase and sale agreement for a land plot with an encumbrance;
• how to check a land plot for encumbrances;
• How to remove an encumbrance from a land plot.

Encumbrance of a land plot: main types, verification and removal of encumbrance

The encumbrance of any real estate object, as well as the rights to it, are subject to registration in Rosreestr. Therefore, if a land plot is registered in the cadastral register, then among the information about it there will also be information about whether there is an encumbrance on this plot.

Types of encumbrances on land

The most common types of mortgage encumbrances are:

• land lease;
• public or private easement;
• concession;
• land mortgage;
• registration of a mortgage on a land plot;
• seizure of land;
• whether the land plot has the status of a security or protective zone.

Land lease agreement

A lease agreement for a land plot or a part thereof is registered only if its validity period is more than 12 months.

The encumbrance appears as soon as the lease agreement is registered in the Unified State Register of Real Estate. From this moment, the owner of the land plot temporarily loses his rights to use, but at the same time can have limited disposal of the plot: for example, sell it, subject to the continuation of the lease agreement.

What happens when a contract for the purchase and sale of a land plot with an encumbrance in the form of a lease is signed? Nothing for the tenant - he will continue to use the land. And the burden of rent will pass to the new lessor - the buyer of the lease. When buying and selling a leased plot, other encumbrances, for example, an easement, are also retained.

The use of the land plot is limited:

• the terms of the contract must contain the type of permitted use;
• the agreement may contain a ban on the construction of a residential building and capital outbuildings.

Long-term lease or free use of state-owned land. or municipal property provides freer rights:

• permission to build a house and other buildings;
• the right to sublease land plots;
• the right to purchase the plot after 5 years.

However, there are conditions:

• use the charger strictly for its intended purpose;
• the tenant's activities must not deteriorate the condition of the land.

Sample rental agreement:

Encumbrance of a land plot with an easement

The imposition of easements is regulated by the civil and land codes.

According to Art. 274 of the Civil Code of the Russian Federation, an easement is established on the basis of an agreement between the owners of neighboring land plots or a court decision. Its purpose is to ensure the use of part of the territory for organizing travel, passage, laying or replacing pipelines, operating and repairing engineering linear facilities, etc.

The owner, whose rights are limited, has the right to demand remuneration from the interested party.

Art. 23 of the RF Land Code defines the rules for establishing a public easement (PE):

• its purpose is to protect public interests;
• The PS is established on the basis of laws and regulations adopted by the state, constituent entities of the Federation and local authorities.

An agreement on the imposition of an easement can be concluded in relation to land property of a state or municipal fund in the following cases:

• placement of engineering communication lines and objects, communication lines, protective strips and fences, information boards, signs, etc. (if this does not conflict with the site’s VRI);
• geological exploration, surveys;
• work related to the use of subsoil (Article 39.23 of the Land Code of the Russian Federation).

Tenants, users and owners of storage units must enter into an agreement.

When alienating a land plot with an easement, this type of restriction remains in effect. The purchase and sale agreement for such a land plot must contain information about the existence of an encumbrance in the form of an easement.

Registration of easement is paid:

• when concluding an agreement between citizens, a state duty of 1,500 rubles is paid;
• when concluding an agreement between organizations - 6,000 rubles.

Land mortgage: is it possible to conclude a purchase and sale agreement?

• If the land is purchased on credit, then a land mortgage agreement is drawn up. The land plot is pledged to the bank until the full amount of the debt is paid.
• Encumbrance with a mortgage does not exclude the possibility, under certain conditions, of disposing of a land plot. For example, you can rent it out or sell it.
• However, a contract for the purchase and sale of a land plot with an encumbrance can only be concluded after the mortgage debt has been transferred to another person. And this is only possible with the consent of the credit institution.

Encumbrance with collateral

A lien is a form of encumbrance placed on a land plot until the owner fulfills his obligations. Secured mortgages are issued not only in banks, but also in other organizations, for example, tax authorities. This is possible if the taxpayer owes a large amount and the tax authorities are accommodating, allowing the debt to be paid in installments.

Seizure of a land plot

Seizure of the property is possible when a judicial foreclosure is made on the debtor’s property; it is carried out on the basis of:

• sanctions of the prosecutor at the initiative of the tax authorities;
• court rulings on a creditor's claim;
• rendering a court verdict finding the suspect guilty under articles providing for confiscation.

In this case, any transactions and actions with the land plot are excluded. However, the owner can continue to use it, unless the memory is subject to confiscation.

Security or protection zone status

Security (sanitary and protective zones) can be established:

• on protected areas;
• near monuments of historical or cultural heritage;
• at the locations of defense and military facilities (borders, military units, warehouses, training grounds, etc.);
• in coastal areas;
• near water hydraulic facilities (dams, state district power plants, wastewater treatment plants, etc.);
• near power lines and pipelines.

In protected zones it is prohibited to carry out construction or use buildings and structures for purposes contrary to the main type of permitted use.

Encumbrance of a land plot with a power line introduces additional prohibitions. It is strictly forbidden near power lines:

• organize passages, driveways, pastures;
• plant trees;
• equip transport parking lots, football fields, sports and playgrounds, etc.

How to find out the encumbrances of a land plot

You can find out about all restrictions in the form of easement, lease, mortgage and other types of encumbrance in Rosreestr (USRN) by the cadastral number of the land plot. Registration of encumbrance occurs on the basis of:

• contracts concluded between the parties;
• laws of the Russian Federation, state regulations. and mun. bodies, legal acts;
• prosecutor's sanctions;
• court decisions on seizure, etc.

When concluding contracts, the party in whose favor the encumbrance is established must register the encumbrance.

Read how to find out about the encumbrance on the Rosreestr website here.

Attention! The most accurate and latest information about a land plot is provided by an extract from Rosreestr.

An extract from the Unified State Register can be ordered:

• in the multifunctional center;
• on the official website of the Unified State Register of Real Estate by cadastral number of the plot.

If the cadastral number is unknown, it and other information about the land plot (except for encumbrances) can be found on the public cadastral map.

How much does an extract from the Unified State Register cost?

Extract from the USRN is paid. When ordering through the MFC, you must pay a state fee.

The cost of an extract through the USRN online service depends on the amount of information and the form of the document:

• a simple statement in pdf format costs 200 rubles;
• extract from Rosreestr with basic information about the land plot with a stamp - from 1,400 rubles.
• to find out about the history of encumbrances and the transfer of rights to a land plot, you need to order an extended statement costing 2,000 rubles;
• individual statement regarding the rights of a specific person - from 3,000 rubles.

You can get an extract in Moscow using this service. Delivery of the extract within Moscow is free.

How to remove an encumbrance from a land plot

Removal of encumbrance is a procedure regulated by law, which occurs on the basis of:

• expiration or termination of lease agreements, private easements;
• resolutions or regulations on the abolition of public easements;
• fulfilled debt obligations (confirmed by a mark on the mortgage note);
• court decisions;
• certificates of arrest, etc.

The owner of the land plot or the government authorities whose decision removes the restriction must notify Rosreestr about the removal of the encumbrance.

Brief summary of the main things

• The encumbrance of a land plot is established on the basis of: voluntary agreement of the parties;
• adopted law;
• government regulations or regulations.

Loading…

Source: https://moezhile.ru/novostrojki/obremenenie-zemelnogo-ucastka.html

How to find out information

You can now check the restrictions of a plot of land by cadastral number, as well as other real estate, in different ways:

• come to the department of Roskadastre, a multifunctional center or by issuing an order to a representative;
• send a request to the organization via Russian Post;
• get a statement online for KN.

To determine the level of risk associated with the purchase of encumbered property, you need to turn to professionals.

Encumbrances and restrictions on houses and plots. How to check and remove them?

When purchasing any countryside real estate, be it land or a house, you should be extremely careful. By hiding important information regarding the property, both parties can suffer: both the owner and the buyer. This may be due to their arrest or encumbrance. What does it mean?

Encumbrances are various conditions or prohibitions that are imposed on land or a house by law or by authorized bodies. The presence of such restrictions may prohibit the alienation of the property altogether, or significantly reduce its value.

Types of encumbrances

Real estate experts divide them into five main types:

Property is rented

Perhaps the most common type of encumbrance. According to the law, a lease agreement must be drawn up between the tenant and the landlord. It defines all aspects of the transaction and is signed by both parties. Only then will it have legal force. Oral agreements are not recognized by law.

After all formalities have been completed, the lessor receives the right to temporarily own and use the property in his own interests, while at the same time certain restrictions are imposed on the owner.

For example, he is obliged, if he wants to sell his property, to notify the tenant without fail, and to transfer to the buyer, along with the house and land, all rights and obligations under the concluded lease agreement.

The object is under trust management (MA)

The owner of the property transfers his property to another person in the trust for a specific period. Ownership of his house and land still remains with him, and the person to whom the property is transferred is obliged to manage it in such a way as to respect the interests of the owner or third parties.

Trust management of real estate must also be formalized in paper form: the parties first draw up an agreement, or it can be a court decision, as a result of which the property is transferred to the trustee.

Existing easement

This is a temporary agreement that establishes a limited right to use someone else's land. It is drawn up when there is a need to use the neighboring territory for travel, during the operation of power lines, laying utility lines and in other similar circumstances.

A private easement between the owner and the future user is drawn up on the basis of an agreement. Public - can be established by law, as well as by other legal acts, taking into account the interests of citizens or in the interests of the state.

Such actions with land plots require mandatory registration with Rosreestr. It should be understood that most often, an easement is not the whim of the owner, but the only possible solution to some general problem of the locality.

Outstanding mortgage loan

The current mortgage agreement on a house or plot is the restrictions that are imposed by the bank on the borrower. Any mortgaged property must be entered into the Unified State Register of Real Estate. And in the documents confirming ownership, the note “Pledge by force of law” is placed.

With the permission of the bank, the mortgaged property can be sold, but the debt obligations under the mortgage automatically transfer to the new owner. In case of non-payment of the debt, such property may be seized in favor of the mortgagee.

Houses and plots that are in arrears in paying taxes and penalties cannot be sold until all arrears are paid off by the owner.

It should be understood that all of the considered types of encumbrances represent serious obstacles to the purchase and registration of such real estate. That is why it is so important for the parties to the transaction to check the real estate for their availability even before they shake hands and begin to make mutual settlements.

Types of restrictions and special conditions

Having encumbrances on his property, its owner is limited in the ability to conduct transactions with it and must fulfill certain conditions.

Reason for restrictions:

• A legal action that seizes or orders the installation of an easement;
• A legal document between two or more people. Commissioning of real estate for a period exceeding 12 months, mortgage loan, etc.;
• Legislative act.

Sometimes, special conditions are established for a property when:

• it cannot be transferred to other persons, also for money;
• a certain time is set for concluding a transaction;
• it is impossible to develop the site and put the facility into operation;
• inheritance is registered and various works on repair or reconstruction of real estate are carried out.

Therefore, before purchasing real estate, it is important not only to read the documentation, but also to study the legislation or consult with an experienced lawyer.

Restricted areas

When a piece of land is located next to a restricted area, restrictions are imposed on it. There are two types of such zones:

• Security . On the territory of which there are water sources, natural reservoirs, and health complexes. They are under the protection and protection of the SES. Industrial production and stations monitoring the hydrological regime may be located within its boundaries;
• Sanitary protective . They are surrounded by objects that have a negative impact on residential areas (chemical industry enterprises or with increased noise and vibration). The zone is determined by the characteristics of the object and the nature of the encumbrance will depend on this. In such a place it is prohibited to build housing and buildings for permanent residence of people.

Different types of zones impose corresponding encumbrances.

How to check a house and land for encumbrances?

Each encumbrance limits the possibility of ownership and does not allow free disposal of real estate. What does it affect?

1. A plot of land cannot be sold or transferred for temporary use while a mortgage is issued on it;
2. It is possible to sell land with an easement only if the legal order is maintained (the easement will be valid until the expiration of the time for which it was established);
3. Under the influence of an encumbrance, the copyright holder does not always have the opportunity to use the land plot for its intended purpose. The ban can be complete or partial.

Important : The encumbrance comes into force only when it is recorded in Rosreestr. Any individual or legal entity can obtain such information about its availability. In this case, it is enough to send a request to the administrative authorities.

• make a request through the MFC (My Documents);
• contact the territorial real estate supervisory authority in charge of the property of interest;
• use your personal account on the government services website (gosuslugi.ru) and submit an application;

To make a request, it is enough to have a cadastral passport or plot number and its location. Based on the results of the application, the applicant is issued an extract with a complete list of all information about the object of interest, including the types of arrests, encumbrances and other restrictions imposed.

How can you remove encumbrances?

Until such time as an encumbrance is imposed on the property, the ability to freely dispose of the property will be limited. Therefore, the owner is interested in having it removed and the entry in Rosreestr cancelled.

Removal of encumbrances can occur for various reasons:

• When changing the category of land and canceling the administrative act;
• Termination of contractual relations;
• Upon expiration of the time for which the encumbrance was registered;
• Upon fulfillment of all obligations;
• A court decision eliminating an encumbrance.

An easement can be forcibly canceled in cases where:

1. The terms of the contract are not observed.
   Payment deadlines are violated, obstacles are created to the use of the free part of the territory;
2. Legal norms were violated when introducing an easement;
3. There are no grounds for the easement to be preserved (relocation of power lines outside the site, etc.).

To cancel an encumbrance of this type, the copyright holder goes to court and the entry in the Unified State Register is liquidated based on its decision.

How to remove a mortgage encumbrance?

If the owner of the land plot has fully repaid the mortgage debt, he must provide Rosreestr with a bank statement confirming this fact. The entry is canceled based on his request.

The concept of arrest at the site

The essence of the seizure of land is that any transactions with it are prohibited.

The basis for this may be the debt of the owner of the site for utility bills, mortgages, loans, pledge of property or other violations.

The ban restricts the owner’s right to dispose of the land until he pays off debts or resolves the issues that led to the seizure.

He does not have the right to transfer his ownership of land by:

• sales;
• exchange;
• rent;
• registration of the plot as an inheritance in a will;
• leaving land as collateral;

Seizure is the strongest restriction for the owner of the plot, however, his further residence and use of the land is not limited.