Certificate of acceptance and transfer of land under a purchase and sale agreement

Confirmation of the actual transfer of the land plot from the hands of the seller to the hands of the buyer is the acceptance certificate. This document acts as a mandatory annex to the purchase and sale agreement. What is an acceptance deed and in what form is it drawn up?

A purchase and sale agreement is a documentary evidence of a completed bilateral transaction. The deed of transfer documents the transfer of the property in accordance with civil law and gives the buyer rights to it.

What is a transfer deed to a land purchase and sale agreement?

The document according to which the land plot is transferred documents the event of transfer of the land object by the seller and its acceptance by the buyer.

When making bilateral transactions for the sale of real estate, a transfer deed is required.

In this document, the parties can record in writing the condition of the land at the time of transfer, which is important for both parties to the transaction. The signed act is a guarantee of protection against claims by one of the parties to the transaction.

Registration costs

Drawing up a deed of transfer does not require any additional costs, except for paying for the services of a notary and realtor, if they took part in the transaction.

We recommend that you familiarize yourself with our other materials that will help you competently conduct a land purchase and sale transaction:

When is a preliminary purchase and sale agreement needed?
What is the difference between an agreement between individuals and legal entities?
Peculiarities of drawing up a power of attorney agreement.
The procedure for concluding a contract for the sale and purchase of a dacha and garden plot with and without a house.

Despite the fact that signing an act of acceptance and transfer of a land plot to a land purchase and sale agreement is not mandatory , it is necessary to do so in order to avoid the emergence of controversial and conflict situations. The presence of a competently executed act in court can become a decisive document when considering a case.

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Why do you need a transfer deed when buying and selling a land plot?

The annex to the contract practically repeats it in its meaning and content, however, the absence of a transfer deed in the event of litigation can significantly affect the outcome of the case. For example, in resolving disputes regarding the recognition of a purchase and sale transaction as invalid or void.

That is why, when making a transaction, you should not neglect the execution of the transfer deed. A signed transfer document will guarantee the buyer’s agreement with all the characteristics of the land property, even if it is really not in the best condition.

In the absence of an acceptance deed, the seller will not be able to present in court significant evidence of his innocence, and the buyer, on the contrary, will have every reason to recover material damage in connection with the acquisition of a land plot of improper condition.

In addition, the transfer and acceptance certificate is a necessary document during the procedure for state registration of the transfer of rights to a real estate property.

Therefore, in order to become the full owner of the land, it is necessary to formalize the transaction properly, that is, not only draw up an agreement, but also sign a transfer deed.

Mandatory registration in 2021

The main document accompanying land transactions is the DCP. It provides the individual characteristics of the object, indicates its value, citizens participating in the transaction and other information. The buyer becomes the full owner of the land after state registration of the transaction in Rosreestr . Without a written contract, a transaction cannot have legal significance.

The requirements for drawing up a transfer deed are not established at the legislative level. But lawyers recommend drawing up this document. With the help of the deed, it is possible to prove not only the transfer of the land plot, but also that the seller received the agreed amount for it.

The fact of receiving a land plot may be indicated in the agreement for its acquisition. That is, the agreement simultaneously performs the function of a transfer deed. Therefore, citizens often do not want to spend time and effort on drawing up a document that displays information identical to the contract. But there are situations when one of the participants files a lawsuit to declare the contract invalid. If approved, only the deed will confirm the fact of transfer of the land to another person.

A transfer deed will be required in the following cases:

Acquisition of land indicating correct and detailed characteristics about it in the act.
Conclusion of a land lease agreement. The act describes in detail the condition in which the object is transferred and the date of its return to the owner.
Purchase of land by deed of gift. Many people mistakenly believe that a transfer deed in this case will be unnecessary. But there are situations when the donor needs to return the donated plot. If, after accepting the gift, any buildings appeared on the site, it will be difficult to prove your case without a transfer deed.

That is, with the help of a transfer deed, participants can secure the transaction as much as possible . He will confirm the transfer of the allotment and the resulting obligations.

Is it necessary to draw up a transfer deed when buying and selling a land plot?

According to the current norms of civil law, the transfer by one party and the acceptance by the other of all immovable things is carried out according to the act of acceptance and transfer or a document of similar content. In turn, the transfer of the object of sale implies the delivery of the item to the buyer after the fact, which is called from hand to hand.

Article 551 of the Civil Code of the Russian Federation defines the transfer of the right to a property under a purchase and sale agreement through registration of the transaction with the registration authorities, and Article 433 indicates the moment of transfer of ownership from the seller to the buyer of the property and indicates the moment of registration actions.

The need to sign a transfer and acceptance certificate follows from “Methodological Recommendations” No. 184 dated July 1, 2002, which contain a provision on the need to confirm the fact of fulfillment of all the terms of the agreement, according to which the seller transfers the land plot to the buyer for a monetary consideration. The acceptance certificate in this case is such confirmation.

When to sign?

You can issue a receipt for the acceptance and transfer of real estate at any time: before the transaction is closed, i.e. before registering the transfer of ownership. The future buyer must be familiar with the actual condition of the house and plot, as evidenced by the paper.

The real estate transfer application may contain clarifying provisions that provide information about when the new owner will receive the land. This means that the inspection and assessment of the condition of the site occurs on one day, but the final transfer of land occurs on another.

The document must indicate the date or conditions under which the document will come into force. For example, the land will be transferred after payment of a deposit. If the document does not contain clarifying information, the buyer receives the right to use the plot and house immediately after signing the act. It is not required to have it certified by a notary without the wishes of the parties.

Note! Although the acquisition of the right of use occurs after the signing of the transfer deed, the buyer will receive ownership rights only after registering the agreement with Rosreestr.

When a transfer deed is signed when buying and selling a land plot

The time limit for signing the acceptance certificate is not limited by law. The Civil Code only makes recommendations, according to which the act must be signed within a “reasonable time.” Thus, the buyer and seller record the fact of transfer of the land plot by mutual agreement.

The law allows for the possibility of combining a purchase and sale agreement with a transfer and acceptance certificate. To do this, it is enough to include a corresponding provision in the contract.

However, it would be wiser to draw up the act as a separate application. Almost all bilateral transactions, following the signing of an agreement, are accompanied by the execution of an act of acceptance and transfer of real estate, be it a lease or a purchase and sale.

It is more advisable to sign the acceptance deed after concluding the main agreement, except in cases where the buyer is already actually using the property and enjoys the unlimited trust of the seller.

Instructions for filling

The deed of transfer is a short document. There are only a few mandatory points here.

Representation of the parties . The document must contain the same details of the seller and buyer as in the purchase and sale agreement, i.e. Full name, series and number of the passport, date of issue, who issued it and department code if desired. It is also recommended to indicate your residential address.
Real estate data . In this paragraph, it is enough to write down the address and cadastral number of the property. When selling a house with a plot, information about them is written down separately. It cannot be written in general terms; it is necessary to provide as complete information as possible about the house with a plot. The same information is contained in the purchase and sale agreement. Since the transfer protocol is usually drawn up after the purchase agreement, information about the agreement must also be indicated in this block. Only the date of signing is enough.
Information about the acceptance and transfer of real estate . This is the main block of the document, often a template phrase is used here:

The seller handed over the house and the plot in good condition, the buyer accepted it. There are no complaints about the facility.

But when drawing up an individual agreement and deed of transfer, the main point can be expanded. A more detailed description will help protect the rights of the buyer and seller in a controversial situation.

For example, if at the conclusion of a transaction it turns out that the house has a crack in the foundation, due to which the wall may collapse. This is a serious defect and the buyer may demand cancellation of the contract.

But if the document does not contain information about the crack, then the seller can challenge the cancellation of the contract , because the defect could have appeared due to the fault of the new user. Although in this situation the parties will have to go to court to resolve the dispute, the deed of transfer will help establish whose interests have been violated.

You can attach photographs of the house and site to the transfer protocol. And in the main block, indicate all the shortcomings of the structure or nuances. For example, if there is a garden on a personal plot, you can list the number of fruit trees.

After the main block, you can insert information about the date of transfer of the right of use, if there is a need to delay this moment. Signatures and dates must be added at the end.

Features of drawing up an act of acceptance and transfer of land

When signing an act of acceptance and transfer of a land property, pay attention to important points regarding the execution of the document:

The act must contain the exact characteristics and parameters of the transferred plot of land. There should not be any discrepancies with the contract and title documents. Otherwise, this may become a reason to lose your rights to the land property;
The document must state the purpose of acquiring the property. Be sure to indicate its purpose and the category of land to which it belongs (for example, agricultural or for individual use). On this point, inconsistencies are also unacceptable;
If there are any buildings or structures on the land plot, be sure to indicate this in the deed. And also indicate the basis on which these objects will be used;
One of the mandatory and most important points of the act must contain information about the absence of claims by the parties to the transaction in relation to the transferred object;
A plot of land previously leased can only be transferred upon expiration of its term;
It is important to make sure that there are no debts in relation to the land being transferred. The responsibility to provide supporting documents falls on the seller.

Always check whether the person who signs the transfer deed has the right to dispose of the land property.

Due to discrepancies with the main agreement, situations arise when the purchase and sale agreement and the transfer and acceptance certificate are issued to different people:

The date of the document may differ from the date of actual transfer of the property;
The purpose of use of the land indicated in the agreement must correspond to that stated in the application;
The text of the agreement allows for the presence of provisions regarding the specifics of the transfer of land;
When accepting and transferring a land property with agricultural crops growing on it, it is important to determine the tenant’s right to use them, which will be documented in the deed;
If the property is owned by several persons, each of them must sign.

The act of acceptance and transfer of a residential building and land plot.

See a sample land donation agreement here.

For a sample purchase and sale agreement for a garden plot, see the link:

The purchase and sale transaction is considered fully completed only after all documents are transferred to the buyer. The terms for re-registration and the terms for vacating the sold plot of land must be established by agreement. The transfer and acceptance certificate finally completes the procedure for the sale and transfer of the land plot.

Carrying out purchase and sale with the help of intermediaries (realtors) fully allows for a competent approach to completing the transaction with the preparation of all necessary documents, including the acceptance certificate, if the intermediary has a fairly good reputation and qualifications in his field.

If the transaction is accompanied by a notary certification, execution of the deed is not necessary.

In addition, every citizen has the opportunity to complete a transaction independently without the participation of intermediaries. Such agreements are also subject to unhindered state registration.

How to draw up a transfer and acceptance certificate for the purchase and sale of a land plot

The acceptance deed, as well as other documents recording the civil legal relations of the participants, is drawn up in simple written form. Transfer of land in words is unacceptable. The number of copies of the act must correspond to the number of copies of the purchase and sale agreement (two copies for the parties to the transaction and one for the registration authority).

As a rule, the deed is drawn up by the seller himself, but a notary can also be involved in this process. In the latter case, the guarantee of drawing up a legally competent document is significantly increased.

The buyer has the right to make comments and additions to the transfer and acceptance certificate regarding the transferred object (for example, indicate the condition in which the site is located, the presence of buildings, the quality of the soil). The adjustments made are also beneficial for the seller. Reflection in the document of all significant features of the object will eliminate the risk of claims in the future.

Sample transfer and acceptance certificate under a land purchase and sale agreement

The document may be drawn up in any form.

The legislation does not establish a clear form, but the text of the act must include the following mandatory details:

Name of the document (usually: “Acceptance and Transfer of Land Plot”);
Date and place of its compilation;
As the place, indicate the locality where the transferred object is located, as well as the region in whose territory it is located (name of the region, region, autonomy, etc.);
The date of the document may coincide with the date of actual transfer of the object;
The subject of the transfer is a land plot with a detailed indication of its characteristics and purpose;
Mandatory characteristics of a land property include: its area, cadastral number, exact address of location, type of permitted use, purpose of use of the land, presence or absence of real estate on the site.

All of the listed characteristics will be similar to those specified in the purchase and sale agreement itself. But it is necessary to describe the condition of the land object in detail.

Include in the text of the document not only the general parameters of the land (appearance, condition of the fertile layer), but also the shortcomings and problems identified during the inspection. This will help avoid litigation regarding the transferred object in the future.

Please pay attention to the following nuances:

Indicate in the text of the document the type of right on the basis of which the object is transferred. When selling a plot of land, this will be the ownership right arising as a result of the purchase and sale transaction. It is not necessary, but it is advisable to include in the act the name of the title document of the land owner;
Comprehensive details of both parties, as in the contract (full name, address, contact information, date of birth and passport details);
The acceptance certificate is an application document, therefore it must necessarily contain information about the concluded transaction between the buyer and seller. Provide information about the concluded agreement, its name and date;
The document must be sealed with the signatures of the parties to the transaction, as well as their seals, if any.

Although the deed of acceptance is an important document, on the basis of it the transfer of ownership is impossible. To do this, you need to contact Rosreestr and register the transaction. A document drawn up according to the rules described above is a sufficient basis for completing the purchase and sale of a land plot.

Nuances

The default transfer protocol is 1 copy. However, you can make several so that each party gets their own. The number of acts drawn up must be specified in the document itself. Moreover, all copies are originals. They have equal legal force and must be signed by the parties to the transaction.

In accordance with Art. 556 of the Civil Code of the Russian Federation, the seller is responsible for providing goods of appropriate quality. This does not mean that the house and land must be in perfect condition. The buyer can sign the attached file if there are any violations . This means that these shortcomings were noticed, but did not affect the desire to purchase the property.

Attention! Witnesses may be present when signing the handover protocol. The law does not say anything on this matter, but if there are third parties, they can be included in the document to confirm the voluntariness of the transaction.

The transfer deed is also signed when renting out the property. But if the tenant wants to buy the plot, then he does not need to sign a new transfer deed. Since the house and plot have actually already been transferred for use, it is enough to stipulate in the purchase and sale agreement that the buyer has no complaints about the condition of the property. A home inspection is not required.

Documents for drawing up a transfer and acceptance certificate under a land purchase and sale agreement

Be sure to attach the following documents to the land transfer and acceptance certificate:

Cadastral plan of the transferred plot;
Site survey plan.

Before signing the act, check the compliance of the site parameters indicated in official documents with its actual parameters on the ground.

In addition, insist that the seller present documents that are important when completing the transaction:

A document containing information about the absence of tax debt in relation to the land property;
A document certifying the right to dispose of the land plot of the party to the transaction transferring the object;
Seller's title documents;
A document confirming the presence (absence) of restrictions imposed on the land property.

What to pay attention to when drawing up a transfer deed

In itself, a document such as a deed of acceptance and transfer is not legal, but often contains information that is important for both parties to the transaction:

Availability of real estate objects on the land plot. In the transfer and acceptance certificate, it is important to indicate which buildings or other real estate objects are located on the land being transferred, as well as to indicate the procedure for using such objects;
Certification of the seller’s rights to the transferred object and the number of land owners;
Determination of the right to agricultural crops growing on the transferred plot. Usually the right to use agricultural crops is transferred along with the plot, however, a different procedure can be determined in the transfer and acceptance certificate;
Having debts. All land tax debts must be paid by the seller at the time of transfer of the land property. The absence of such is recorded in the act, and the relevant document is provided in confirmation;
The date of preparation of the document may not correspond to the date of actual transfer of the object. If at the end of the text of the act there is no date for the transfer of the land object, then such a date is considered to be the one indicated at the beginning of the document (date of preparation).

If your document is drawn up in detail and legally competent, it can become a guarantee of the successful completion of the transaction and the absence of claims from the buyer. Therefore, it is extremely important to correctly and accurately enter into the transfer and acceptance certificate all the necessary data about the land object to be transferred.