Lease of land: drafting and conclusion of a lease agreement, lease terms of the land plot
The urgency of leasing land and its use intheir goals will never decrease. Renting land is the easiest way to become the owner of a piece of land that you can use according to your ideas about economic efficiency. After all, on a leased lot even construction is allowed. But, as elsewhere, legal issues are not without nuances.
General idea of renting land
All requirements for the registration of landlease on the territory of Russia are collected in the Land Code of the Russian Federation. But, unfortunately, it is often adjusted and changed, so when working with specific articles, you need to make sure they are up to date.
Nevertheless, the main provisions are unchanged:
• Land plots can rent physical andlegal entities, associations of citizens of the Russian Federation, foreigners who do not have citizenship, foreign representations and enterprises, international organizations.
• Restrictions are imposed on land plots located within the boundaries of the right-of-way, along the coastal line of reservoirs, nature reserves, as well as forest lands.
• The right to lease can be subject to alienation(up to the sale on land auctions), can be inherited or, if necessary, become a pledge. In all cases described there are restrictions, stipulated by law.
• Rent of land is considered as short-term and long-term: accordingly, up to five years and not more than 50.
The objects are all land plots (notincluded in the list of exceptions), which belong to citizens of the state, legal entities; are communal or public real estate. Provision of land for rent, of course, carried out by the owners. If we are talking about communal property, the lessors are village (city, etc.) councils. When a site belongs to territorial communities, the signing of a land lease contract is carried out by representatives of regional (provincial) government bodies. If a state plot of land is taken on lease, the contracts are signed by the executive authorities.
As the land plots can be the subject of a pledge, their transfer to the lease is carried out in agreement with the pledgee.
Land lease agreement: what are the features
Any real estate transaction must passaccording to the current legislation. One of the conditions is the land lease agreement registered in the register. A sample of this document gives an idea of the general structure and conditions for its conclusion.
The mandatory paragraphs noted in this document should be:
• determination of the land plot by cadastral records (including locations and sizes);
• the period for which the contract was drawn up;
• Rent and its size - in this paragraph, the indexation amounts, the terms of payment and the form of the next payment, the responsibility for non-payment, etc., should be prescribed;
• the condition of the property at the time of its transfer to the lessee and the conditions for the preservation of the land;
• burdens (restrictions) on the use of land;
• Determination of the party to which the risk is borne for unintentional damage or the complete destruction of the object of the lease (its parts);
• shared responsibility of the parties.
What can you do with leased land
Lease of land (land lawallows it) allows you to specify their part of the authorized capital of the enterprise within the terms of the contract. Also, the land plot can be transferred to third parties, only notifying the owner about it (in accordance with the agreed terms of the main contract). These nuances and conditions also need to be reflected in the lease of the site.
The written contract is made at least in two copies, and at the request of either party (the lessee or the lessor) can be notarized.
Rent of land plots will not be recognized eligible if the contract is drawn up incorrectly and there are no specified paragraphs in it.
Additional land lease documents
All of the above conditions apply to the contract itself. The conclusion of a lease contract for a land plot is accompanied by the following documents:
• plan (scheme) of the leased plot of land;
• a cadastral plan of the plot in which land easements and restrictions are displayed;
• an act on the determination between a site on the ground;
• Act on the acceptance and transfer of land for lease.
Parties can specify specific conditionslease. They can be marks on the quality of the land plot at the time of transfer to the lessee, the existence of an insurance policy of the facility, etc. The issues of reimbursement of expenses for improvement of the lease object and security measures are separately specified. In addition, if there is a need for land reclamation or some activities on the site, the contract remains in place, but all the nuances must be reflected in it.
Procedure for signing the contract
Features of the transaction, under which the subscribesthe contract of lease of the land plot, are determined by the person having the right of ownership of the subject of the contract. In the case of private ownership, the agreement is signed by agreement of the parties. If the proposed object of lease is municipal or state property, the procedure for executing the transaction begins with the auction, and, in accordance with the decision of the executive authority, a permit is issued to transfer the object to the lessee. A special case of renting a piece of land can be called the conclusion of a contract in the order of inheritance.
Lease of land, according to the laws, must be registered with the executive authorities.
The land use fee is a regular payment that the tenant transfers to the landlord on time.
If the contract is concluded by individuals, then paymentproduced by agreement of the parties. If the property is a land plot from the state land fund, then payments are made in accordance with the norms of the Tax Code of the Russian Federation.
If the concluded agreement turns out to be unqualified by a court decision, then all rent received at the time of the adjudication will remain with the landlord and will not be returned.
With the exception of plots beingstate and municipal property, the rent can be made in the form of goods or in the form of providing services to the owner of the property. Lease of state property is paid only in cash.
At the beginning of the article it was already mentioned about the short and long term land lease. The time frames are negotiated individually, but they should not exceed 50 years.
Upon completion of construction and after commissioning of the facility, the tenant of the site may extend the contract for the next 50 years. He has a priority right.
In case of death of a tenant of landthe right to use the land is received by his heirs. They can optionally waive their rights, and then the persons who have identified an interest in the property, get the right to rent it. This is the so-called assignment of land lease.
When the terms of the land lease expire, the contract is terminated or the procedure for its extension begins. Early termination of the contract is possible if:
- Land purchased for public use.
- The owner and tenant unite in one person.
- The tenant (individual) was sentenced to imprisonment or died, and family members and heirs refuse to fulfill contractual obligations.
- The mortgagee of the land plot sued the right of ownership.
- The building was bought by a person who is not a tenant of the land on which it is built.
A tenant who conscientiously performed everythingobligations under the contract, has the primary right to extend it after the expiration of the agreement. But it is necessary to notify the land owner in writing of the desire to conclude the following contract.
It is possible to extend the lease withoutprior notice to the owner. This occurs if, within a month after the expiration of the land lease agreement, the owner does not send a letter of objection regarding the use of the land. Then they talk about the so-called automatic extension of the agreement.
Termination of the contract. What's next?
The tenant is obliged to return the landplot in the stipulated time and in the stipulated condition. If the tenant has a claim against the owner (landlord), they are resolved in court.
The person who became the owner of an apartment in a residentialthe house (or private house) receives and rights to the land (or part thereof), on which the construction object was erected. There is a transfer of land. The agreement defining the change of the owner of the property terminates the previous agreement on the lease of this land plot.
When the term of this contract expires, the newhomeowners or facilities have the primary right to extend the lease of land. If there are insurmountable obstacles to the renewal of the lease, and the owners of one property does not agree with the owners of another object (the house and the plot under it), then all issues will be resolved exclusively in court.