Encumbrance and seizure of a land plot by cadastral number. How to find out information?

Today, buying an apartment or a plot of land involves certain risks associated with the buyer’s possible falling into the hands of fraudsters. For a legal and safe purchase and sale transaction, it is recommended to choose trusted agencies, as well as carefully check the documentation for the apartment or land plot.

Information about any property is contained in title documents: a contract, a certificate of inheritance, etc. If you do not want to understand a large amount of documentation, you can use the data set - an extract from the Unified State Register of Real Estate, which contains basic information about the property. To receive an electronic version of the extract, you need to fill out an application on the website https://rosreester.net/. The service will send documentation with the official seal of Rosreestr to the email address you specified.

Advantages of the ROSREESTER.NET service:

• issues USRN with the official seal of Rosreestr;
• performs a full check of real estate for legal purity;
• uses all possible bases for a complete and high-quality check;
• provides information about possible liens, encumbrances, and arrests on the apartment;
• provides information about the owner of the property.

When do you need to check your property for encumbrance and seizure?

The need to verify the seizure or encumbrance of a land plot arises in the following cases:

1. Purchasing a land plot - the future owner must first of all know what land he is purchasing. This will eliminate fraudulent transactions when selling seized land or when purchasing land from a seller who does not have the right of disposal.
2. Construction - encumbered areas may be limited to various types of construction. For example, the administration has imposed a ban on the construction of a residential building on land near the construction of highways.
3. State property - if the land is owned by the state and leased by a citizen, then he needs to know what exactly he can do with the land; these rights are usually immediately spelled out in the lease agreement.
4. Inheritance - after receiving inherited property, the future owner needs to check all the information about the received plots, including restrictions on legal rights.

Knowing the cadastral number of the plot, you can check various information about the plot. We have prepared separate articles on how to find out by this indicator the tax on a land plot, its borders and coordinates, address, cadastral value, size and area.

How to check an apartment for legal purity

In order not to be left without money or real estate, the buyer should carefully check all the documentation and pay attention to any little details. If you doubt the legal purity of the apartment you are buying, then contact the website https://rosreester.net/proverit-kvartiru for help. This is an online service that will check real estate for safety using various databases. You just need to indicate the cadastral number of the apartment or address in the search form, after which you will receive official information about possible seizure, encumbrances, bank liens, etc. The service will provide you with information about the owner of the property.

How to find out restrictions through Rosreestr?

In any financial transactions for the purchase and sale of real estate, the owner or future owner must check the presence of encumbrances in order to avoid unforeseen situations and unnecessary expenses. This can be done quickly using an online check using the cadastral number of the land plot:

1. Log in to the official website of Rosreestr using the link https://rosreestr.ru/wps/portal/jnlain_request. A page will open to obtain the basic characteristics and registered rights of disposal of the real estate.
2. Next, you need to select the “Site Check” section from the buttons offered at the top.
3. A field for filling out an online application will open in a new window; here you just need to enter the cadastral number of the land plot, then enter the captcha data and send the request (how to get and how to find out the cadastral number via the Internet?).
4. After receiving information about the object, the section “Arrest, encumbrances and pledge” will appear in the right column, where you can see the presence of any restrictions. Information about them will be highlighted in red.

Reference. This information is duplicated from the Cadastral Chamber website; you can always check current information about real estate when ordering an extract from the Unified State Register of Real Estate, which also indicates the arrest or encumbrance on the land plot.

Read basic information about why an extract from the Unified State Register and a cadastral passport are needed and what they are, and the form and content of these documents is described here.

Checking information about real estate by its cadastral number allows you to obtain all reliable and current information at the time of the request.

This will protect the user from making transactions with property that may be subject to restrictions, arrest, or a fraudster trying to sell it. After a complete check using the number on the Rosreestr website, you can obtain information not only about the owner, about the land allotment, but also about the presence of restrictions imposed on it.

What is a land encumbrance?

If we consider this issue more deeply, then an encumbrance is a restriction on actions related to a given plot. So, encumbered land cannot:

• Transfer the property of another person and perform any other registration actions with it.
• Sell ​​to others or pass on to inheritance.
• Other actions related to the transfer of rights to this land.

In other words, this is a seizure of the allotment and after purchase, essentially nothing can be done with it. There can be many reasons for such a procedure, and each of them will have to be studied before removal.

The concept of property seizure

First, let's define the term “arrest.” Thus, in accordance with the law, the seizure of the debtor’s property implies a prohibition to dispose of the property, and, if necessary, a restriction of the right to use the property or seize it.

What is the risk of seizure of land for the debtor? This action prohibits the owner from disposing of the land as he or she wishes. Therefore, non-exempt land cannot be given away, sold, or otherwise disposed of.

Find out more about what a real estate lien is.

Under what conditions can a land plot not be seized?

A plot of land may not always become the object of seizure. The legislator has identified special circumstances that exclude the use of such a measure. The listed conditions are intended to protect the constitutional right of a citizen to housing.

Thus, plots on which a building is erected, which is the only place suitable for the debtor to live, are not subject to seizure.

There is one caveat: this building should not be mortgaged. This means that the land plot on which the mortgaged house stands may be seized due to the debt under the mortgage agreement.

How to release a land plot from seizure

No one is interested in having the “arrested” status permanently preserved in real estate documents. However, both for imposing and lifting arrest, it is necessary to follow the established rules. At the same time, the conditions for lifting restrictions depend on the reasons for applying the penalty.

Restriction or encumbrance. What is the difference?

The Federal Law “On State Registration of Real Estate” regulates relations that arise in connection with the state registration of rights to real estate, as well as transactions in the field of real estate; in addition, it is in charge of the Unified State Register of Real Estate.

Contents of the Unified State Register:

• information about registered rights
• information about restrictions on rights to real estate
• information about encumbrances on real estate
• information on transactions with real estate (subject to state registration)
• additional information, the entry of which does not entail the transfer, termination, restrictions of rights and encumbrance of real estate objects

What is the difference between a restriction and an encumbrance:

An encumbrance on real estate arises in the case of claims of third parties to a specific object, that is, the owner, without the consent of third parties, is not authorized to freely dispose of the property, in contrast to restrictions on real estate, in which the copyright holder is prohibited from performing any actions with his real estate.

How to lift an arrest: features of the procedure

Removing the seizure of a land plot begins with a statement of intention to the judicial authority. To do this correctly, saving time and money, you need to take into account a number of conditions:

1. The appeal should be made in the form of a statement of claim.
2. The claim is filed by the owner-debtor, other shared owners of the plot or representatives by notarized power of attorney.
3. The application must contain the basis for lifting the arrest: confirmation of repayment of the debt, and so on.
4. The requirement must be supported by evidence: a certificate of ownership; court decision on arrest (determination - if there was an arrest of the land plot by court decision, by a bailiff’s decision); debt payment receipts and other documents.
5. The consideration of the case is accompanied by the payment of a state fee. Its size is determined by the cadastral value of the site.
6. The statement of claim and attached documents must be filed with the court in person or sent by registered mail with acknowledgment of receipt.

The court decision that has entered into force is transferred to the authorized body. As a rule, this body is (FSSP). No more than 3 days later, the FSSP is obliged to send a copy of the document on the lifting of the arrest to Rosreestr.

Read more about how to remove a seizure from an apartment imposed by a bailiff

What operations can be carried out with the seized area?

Let's say your property is seized. Either the plot you would like to buy is burdened with this status, or, even worse, you have discovered a seizure of the developer’s land under a share participation agreement. In such situations, you will probably want to find out whether it is possible to carry out any transactions with such property, and whether there are subtleties in which the law does not object to actions with such a site.

After a decision is made to seize a land plot, the owner can no longer freely dispose of it, cannot donate it, bequeath it, or sell it. This means that a transaction for the sale of land under arrest will be impossible, because the sale and purchase agreement simply will not be registered.

What should a debtor who would like to sell a seized plot of land do before he leaves the auction with the bailiffs? There are two options:

1. Remove the arrest by eliminating the causes of its occurrence. For example, to pay off debts under a writ of execution and so on. After this, he again has the right to make any transactions with property.
2. Find the buyer and notify him of the seizure. And after that, enter into a preliminary purchase and sale agreement with him under the condition that you undertake to take the necessary actions to lift the arrest. Under such an agreement, you can receive a deposit from the buyer. This option is suitable when the funds received allow you to pay off the debts that caused the seizure.

In addition, it is possible to divide the plot during arrest in the case of shared property.

If the debtor is one of the spouses, and a seizure is imposed on a land plot belonging to the entire family, the bailiff must allocate the debtor's share from the common property by filing an application with the court.

The judicial authority will make a decision on the basis of which the second spouse will be able to register separate ownership of half of the land.

State registration of restrictions and encumbrances

Rental Property

State registration of the lease of real estate is carried out through the registration of a lease agreement, which is considered completed from the moment the transaction is recorded in the Unified State Register of Real Estate. State registration of a lease agreement is subject to certification by a special registration inscription on the agreement.

Real estate mortgage

Due to the fact that this agreement is based on an encumbrance, it is also subject to registration in the Unified State Register of Real Estate, just like the right of ownership of real estate.

Trust management

In this case, only the transfer of real estate into trust management is subject to registration in the same manner as the registration of the transfer of rights. The agreement itself, according to current legislation, does not need to be registered.

Rent

The rent agreement itself is certified by a notary, however, the agreement, which provides for the alienation of real estate for the payment of rent, must be registered.

Easement

Partial or temporary use of some property. For example, a passage through a neighboring area to the water. An easement can be established by agreement of citizens or through a court decision.

As a rule, an easement is established by agreement between the person requiring the establishment of the easement and the owner of the neighboring land plot.

This agreement is drawn up in writing and is subject to mandatory state registration. Without registration in the Unified State Register of Real Estate, an easement cannot be considered established.

Arrest. Ban.

One of the restrictions on real estate is seizure, which includes: a ban on the disposal of property, restrictions on its use and even on its seizure.

An entry about an arrest or ban is made in the Unified State Register of Real Estate on the basis of documents received from judicial, tax authorities or the bailiff service. The reasons for seizure can be different: court decisions, disputes regarding property, it can also be unpaid fines from the traffic police, arrears in paying for housing and communal services, non-payment of taxes and alimony, etc. The arrest (ban) must be lifted only after Rosreestr a document confirming its cancellation will be received from the body that made the decision to impose it.