Power of attorney for registration of land plot

A power of attorney to register ownership of a land plot is a written act that gives a citizen the right to act on behalf of the property owner when applying to the state real estate register. The issues of issuing such a permit and the rules for its use are regulated by the Civil Code.

There are three types of powers of attorney:

1. one-time – issued for a short period to perform a one-time action;
2. special – compiled to perform one or several operations for a long period of time;
3. full – used in situations where the owner needs to transfer powers to the representative in full.

The content of the authorization to represent interests does not imply payment. However, the parties can enter into a compensation agreement. It is issued together with a power of attorney.

In order to establish payment, it is necessary to include the corresponding clause in the contents of the document. At the legislative level, there are no limits on the amount of such remuneration.

Agreement for the purchase and sale of land by power of attorney

The presence of conditions on the price is mandatory, since the purchase and sale transaction is compensated and requires mandatory payment.

Moreover, it can be established both in cash and in kind, but the latter method is used extremely rarely in practice.

The specifics of determining the price depend on who owns it. In particular, private owners can install it themselves, with virtually no restrictions. The only problem may arise if the price is too low, significantly lower than the market price.

In this case, the seller may be accused of attempting to evade taxes, because personal income tax when selling land plots is paid based on its value. If the price, on the contrary, is too high, no complaints will arise against him - if the buyer agrees to this, the transaction will be carried out without problems.

For state and municipal land, the price is set differently - the initial value depends on the conclusion of an independent appraiser. Later at the auction, this price can be raised several times if there are appropriate bids from participants.

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The subject is a specific plot of land that is to be sold. At the same time, it should be described in as much detail as possible, indicating the following information:

• square;
• address and location;
• cadastral number;
• type of permitted use.

It is also advisable to indicate on what basis the seller owns the land and what documents confirm this. It is worth considering that if these conditions are not included in the purchase and sale agreement, it may be declared invalid and the transaction cancelled.

In addition to these conditions, the parties may include in the contract any other clauses that do not contradict current legislation.

In particular, it is necessary to indicate the details of the seller and buyer, their mutual rights, obligations and responsibilities to each other, as well as the presence of any encumbrances on the site.

The parties can draw up an agreement either independently or with the help of a lawyer. To complete it yourself, you can find a sample of this document on the Internet and make the necessary changes to it. As for notarization, it is not necessary in this case.

At the next stage, the seller and buyer need to organize the transfer of funds using the method that they themselves chose and secured in the contract. The most reliable is banking (for example, using a safe deposit box or wire transfer). If funds are transferred in cash without the participation of a bank, a receipt must be taken from the seller confirming their receipt.

After completing the contract and transferring the money, all that remains is to submit it along with the package of necessary documents to Rosreestr. This is necessary to register the transfer of ownership that occurs in the event of the sale of a land plot. You will need the following documents:

• passports of the buyer and seller;
• title documents for real estate (for example, purchase and sale agreement, deed of gift, certificate of inheritance);
• certificate of ownership;
• cadastral passport or plan;
• receipt of payment of state duty;
• act of acceptance and transfer.

In addition to this basic package, in some situations other additional papers may be required:

• permission from the spouse, certified by a notary (if the seller is officially married);
• power of attorney (in case of participation in the purchase and sale of the legal representative of the buyer or seller);
• documents for buildings located on the site;
• permission from other owners of the site (if it is jointly owned).

Duly certified copies of all these documents are submitted to Rosreestr along with three copies of the agreement, which are signed there. One copy remains with the registration authority, and two are returned to the seller and buyer.

The registration period is usually up to one month, after which the buyer is issued a certificate of ownership of the plot, issued in accordance with the requirements of the law. After this, he is considered its full owner and can dispose of it at his own discretion, the purchase procedure is considered completed.

The execution of a power of attorney is governed by the Civil Code of the Russian Federation. Chapter No. 32 contains all the provisions that must be taken into account by the seller and the buyer. Execution of a power of attorney is prohibited for persons participating in the transaction. This means that the seller cannot transfer rights to the buyer and vice versa.

The drafting of a purchase and sale agreement will have some nuances if one of the parties uses a proxy to carry out their will. Therefore, it is necessary to indicate an agreement that the interests of one of the parties will be represented by a trustee.

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Only its direct owner has the right to enter into a purchase and sale transaction of a land plot.

Moreover, the seller’s property rights must be legalized and a note about this must be included in the unified real estate register.

No one has the right to perform legally significant actions to alienate rights to a land plot for the owner: neither his spouse, nor children, nor the tenant of the land.

But if the legal owner of the land does not have the opportunity to be personally present at the time of signing the purchase and sale agreement, then he has the right to entrust this mission to his authorized representative. Such situations may arise, in particular, if the seller is elderly, seriously ill, lives in another city, or is forced to go on a long business trip.

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The conclusion of contracts by the seller by proxy is permitted by the Civil Code.

The buyer of the plot has similar rights: if it is impossible to personally sign the agreement, he can ask his authorized representative to do so.

Such provisions are contained in Chapter 32 of the Civil Code.

The process of concluding a purchase and sale transaction itself will not change much. The only caveat is that the representative of the seller or buyer must have a notarized power of attorney to represent interests. This document establishes the rights of the representative to legally act on behalf of the seller or buyer.

Legislatively distinguish:

• a simple power of attorney, which is written by hand;
• notarized power of attorney;
• general power of attorney.

The last type of power of attorney assumes that the trustee acquires the full range of powers to dispose of the land plot without restrictions from the owner.

In purchase and sale transactions, a simple power of attorney can potentially be used, but it will not be accepted when re-registering ownership of a land plot in Rosreestr. Therefore, the participation of a notary is mandatory when selling a plot through a representative.

The presence of a power of attorney is a prerequisite for concluding a purchase and sale agreement on behalf of a legal entity.

A company employee has the right to participate in a transaction on the basis of a power of attorney issued to him, while only the general director can usually sign contracts based on the charter.

According to the Civil Code, a power of attorney can be issued to any person who has or does not have family ties with the principal.

But the law contains one significant limitation: you cannot issue a power of attorney to the other party to the transaction. For example, from seller to buyer.

A power of attorney is sometimes used when transferring authority to conclude a purchase and sale transaction of a plot in favor of a real estate or law company.

A power of attorney does not have a set form; the parties themselves can develop the document in accordance with their wishes. The document must be in written form.

The text of the power of attorney must indicate:

1. The name of the document and the date of its issue.
2. Full name and passport details of the person who issued the power of attorney.
3. Information about the principal: full name, passport details or details of a legal entity.
4. The rights that the trustee has been given are the list of actions that he has the right to perform.
5. Validity period of the document: a specific date or a certain period of time.
6. Signatures of the parties.

When drawing up a power of attorney to participate in a land purchase and sale transaction, the following features must be taken into account:

1. A power of attorney issued by an individual must be properly certified by a notary.
2. The power of attorney can be revoked at any time, without waiting for its expiration, or the rights of the authorized person can be changed.
3. The power of attorney must specify the powers of the representative in as much detail as possible: for example, this could be signing an agreement, participating in the re-registration of property rights in Rosreestr, signing an act of acceptance and transfer of real estate, participation in the transfer and receipt of money, etc.
4. Only the owner has the right to change the terms of the transaction. Even a person with a general power of attorney does not have such powers.

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The power of attorney is signed at the notary's office. Before certifying the power of attorney, the notary will check that the parties understand the legal consequences of signing the document and are of sound mind.

A state fee is charged for the provision of notary services for certification of a power of attorney. Its size is 100 rubles.

, if a close relative of the owner (brother, sister, parents, children, spouses) acts as a trustee.

Other persons who do not have family ties must pay 500 rubles. Another 800 rubles. the technical and legal work of a notary will cost.

If the seller or buyer of the land plot is not able to be personally present at the execution and signing of the agreement, you can use the services of an intermediary. In this case, it is necessary to issue a power of attorney for him. There are several options for conducting a transaction by proxy.

The first thing that the seller and buyer should understand is that a contract for the sale and purchase of a land plot by proxy is essentially no different from an ordinary transaction of the same type. The only difference is that one of the parties is represented by a trustee. Otherwise, the procedure for drawing up and concluding an agreement remains unchanged.

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

The legislation does not limit the types of actions for which a power of attorney can be issued. The owner has the right to provide a third party with the following opportunity:

• register property rights;
• change the type of permitted use of the site;
• obtain permits for communications, reconstruction of a residential building, etc.;
• initiate land surveying;
• request extracts about property from the Unified State Register of Real Estate;
• draw up land purchase and sale transactions;
• rent out land.

The list of permitted manipulations must be recorded in the contents of the document.

Registration of documents for land under a general power of attorney from the heir

An heir who accepted the inheritance after the expiration of the established period in compliance with the rules of this article has the right to receive the inheritance due to him in accordance with the rules of Articles 1104, 1105, 1107 and 1108 of this Code, which in the case specified in paragraph 2 of this article are applied to the extent since the written agreement between the heirs does not provide otherwise.

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Hello. I want to buy a summer cottage. The owner died in 2004. At the moment, his wife, daughter and husband and granddaughter remain. He did not leave a will. They offer a scheme with a general power of attorney from the heiress. Those. I use it to register the inheritance of the heiress and resell the plot on her behalf to one of my relatives.

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.

ATTENTION! If the content of the document does not contain a clause on the validity period, it will be one year.

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.

Stages according to the law

The entire operation of granting the right to buy and sell property is divided into several stages:

1. Transfer of information on the parties and the property to a lawyer who must check all documentation.
2. Drawing up a contract personally or by a lawyer.
3. Submitting the contract to a notary for re-verification of documents.
4. Signing a power of attorney in the presence of a notary.

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There is also a strictly prepared action plan that must be followed when preparing documents to create a power of attorney for the sale of a plot:

1. Prepare a cadastral plan for the land plot. The operation is carried out according to the following plan:
   Preparation of documents for obtaining an extract from the land cadastre. To do this, make a copy of the land use maps and obtain a certificate from the tax office to confirm the absence of debts.
2. Obtaining an extract for the sale of land, issued by the land registry.
3. It is required to order a certificate of the standard price of the plot being sold.
4. Now all received certificates and extracts are transferred to the cadastral territorial chamber. Here a cadastral number is assigned to the plot, and the final stage of drawing up a plan for the full sale of the property is formed.