Those who want to protect themselves from scammers need to receive an extract to check the object in all respects. An apartment or house will be an excellent collateral for which you can easily get a serious loan.
But the restriction cannot always be detected during the transaction, so additional. checking your limitations will be an opportunity to save yourself from problems. It is not difficult to check the seizure of a land plot by cadastral number, but you need to do everything correctly .
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:
- To reduce the risks associated with the purchase, you should use the following tips: Contact a specialist who works in the real estate field.
- 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.
- No people should be registered in the apartment ; all utilities must be paid for.
- Housing must not be rented. Full information is easy to see in the tax office and self-government bodies.
- 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.
How to check a plot of land
To check the legal purity of a land plot, you need to enter its cadastral number or address on the website https://rosreester.net/proverit-uchastok. The system will conduct a full legal check and provide you with official information about pledges, arrests, and encumbrances across all databases.
Don't fall into the hands of scammers. Check the documentation yourself or order an analysis on an online service. This way you will be able to make the right decision for yourself in the future.
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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.
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:
- 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.
- 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.
- 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.
- 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.
Rosreestr website
It is better not to check whether the property is under arrest on the Rosreestr portal. Why? The Unified State Register maintains and updates the Russian Register. Rosreestr either does not always update free (reference type) data from the Unified State Register on its portal on time, or uploads it incorrectly.
In the USRN itself, the information is correct and new, only the information on the resource is “lame”. Plus the data is not always complete.
It often happens that the message “Other restrictions” appears . This inscription means that the property is either under arrest or pledged to a banking organization due to a mortgage, etc. All this also applies to other free services; they take the same information from Rosreestr and show it to them.
If you decide to use the Rosreestr portal, then in the search you need to enter the full address of the site or its cadastral type number. General instructions:
- Go to the Rosreestr help page - https://rosreestr.ru/wps/portal/online_request.
- Write down the address of the site or its number, complete the captcha and click on the “Create request” button.
- Click on the link with the site address.
If you don’t remember either the address or the special number, a cadastral-type map will help . Using the search, find the site, click on it and a window with its number will appear. Copy the cadastral type number and paste it into the Rosreestr portal.
If you entered everything incorrectly, but two addresses are displayed on the page, then most likely the first address is the location of the site, the second is the address of the house on this very site . Click on both addresses and view the data on the pages. The area will be displayed in the standard way.
Next, on the page that opens, click on the “ Powers and Restrictions ” section. Encumbrances, if present, will be recorded on the right in the “ Restrictions ” section. If the site has no restrictions, then the corresponding section will be empty.
According to existing legislation, the seizure of real estate is a ban on its disposal. Such housing cannot be sold, donated, mortgaged or other transactions made with it until the arrest is lifted. Seizure of real estate is carried out as an interim measure - when the plaintiff or other interested party has reason to believe that the defendant is trying to get rid of property in order to avoid paying a creditor or satisfy other legal obligations. Bodies that can seize property, as well as issue a ban on transactions with it, are: courts of general jurisdiction, arbitration courts, bailiffs, customs and tax authorities, with the sanction of the prosecutor, an inquirer or investigator, with the permission of a judicial authority . The most common reason for seizing real estate is the debt of a person, for example, failure to pay established mortgage payments, taxes, penalties, and fines. Also, arrest may be imposed to ensure the safety of property that is subject to transfer to the claimant or sale, or during the execution of a judicial act on confiscation of property. Property may also be seized if it appears in a criminal case. Seizure can be imposed not only on apartments, houses, but also on garages, land and other real estate. In order to seize real estate, you must file a petition with the court. According to current legislation, a request for seizure must be considered on the day it is received. A ruling on the decision made is drawn up and sent to the defendant and to the Rosreestr Office within 3 days after such a decision is made. In this case, the applicant is issued a writ of execution. The seizure imposed on real estate remains for the entire duration of the trial. After the writ of execution for seizure is received by the Federal Bailiff Service, it is immediately registered and transferred to the bailiff, who will execute it. The latter initiates or refuses to initiate proceedings within 24 hours. If the writ of execution or application for acceptance of the document indicates which property should be seized (cadastral number, address, area, who the owner is), the bailiff imposes a ban immediately, if not specified, immediately after receiving data from Rosreestr. If a bailiff is conducting proceedings to collect loan payments, alimony, compensation for damage, administrative fines, etc., for which the debt has not been repaid and there is information about the debtor’s ownership of real estate, he can impose a ban on his own initiative. The bailiff sends the corresponding resolution to the debtor, the collector and the Rosreestr Office. Similarly, a share in a real estate property is seized. If a person does not own all the real estate, but a share, then the ban is not imposed on the entire property, but only on the share that he owns. After receiving a court ruling on the seizure or a bailiff’s order prohibiting registration actions, an official of the Rosreestr Department makes an entry about the arrest in the Unified State Register of Real Estate. How to find out if there is a lien on a property. You can find out such information from the USRN extract, which can be obtained upon request of the interested party. This question is especially relevant when intending to sell or buy real estate - both for the buyer and the seller. Regarding real estate objects, you can obtain information through the State Services portal, on the official website of Rosreestr, or by personally contacting the Multifunctional Center. The arrest will be lifted from the residential premises only after the grounds for its imposition have been eliminated: that is, if the property was seized for debts, then the entire debt must first be paid, if, as determined by the court, then measures must be taken to resolve the issue that caused the proceedings. After eliminating the reasons, you need to contact the body that initiated its imposition: if the property is seized by a court, then an application to cancel the seizure should be addressed to the same court, in the case of arrest by bailiffs, then to the appropriate department of the Federal Bailiff Service. Based on the foregoing, it should be concluded that before conducting various types of transactions with real estate, it is necessary to make sure that the property is not under arrest or prohibition. — For what reasons may arrests (bans) not be canceled even when documents are received to cancel these restrictions? — Documents on the abolition of arrests (bans) must strictly comply with the documents on the imposition of restrictions. The details of the decisions of the bailiffs must correspond to the details that were available when the restrictions were imposed; the documents must be signed and have official seals. Judicial acts must also be certified by the signatures of the judge presiding over the case, or the chairman of the court, the court secretary, as well as the official seal, and must have a mark indicating that they have entered into legal force. — The bailiff issued a resolution to cancel the arrest in relation to the land plot owned by me. Can I submit this resolution to Rosreestr myself to cancel this arrest? - Yes, you can. But in order to eliminate doubts about the authenticity of the resolution submitted by the interested party, Rosreestr will send a request to the bailiff to provide a copy of this resolution. According to the Federal Law “On State Registration of Real Estate,” a court or authorized body that has seized real estate or established a ban on certain actions with real estate, sends a certified copy of the act of lifting the seizure or ban to the rights registration authority. In addition, according to the Agreement on interaction between the Federal Bailiff Service and Rosreestr, it is also stipulated that copies of the decision to cancel the seizure of the debtor’s property in the form of a paper document can be submitted to the body carrying out state registration of rights directly by the bailiff who issued it, or sent by the bailiff by post. — I filed a claim with the district court to recognize the invalidity of the transaction for the sale of the apartment, and also granted a petition to seize this apartment. After the court considered the case, my claims were satisfied and an appropriate decision was made. In this regard, I have a question: is this judicial act sufficient to cancel the arrest? — In accordance with paragraph 13 of Article 32 of the Registration Law, the judicial authority that has seized real estate sends to the rights registration authority, within no more than three working days, a certified copy of the judicial act on the imposition (removal) of the seizure. To cancel the arrest, it is necessary to apply to the judicial authority with a petition to cancel previously imposed interim measures, if the judicial act on which the decision in the case was made does not indicate their cancellation. — The court issued and sent to Rosreestr a ruling to lift the ban on the apartment owned by me and my wife. How long will it take for the ban to be lifted? — The ban will be lifted within three working days from the date the rights registration authority receives a judicial act or an act of an authorized body on lifting the arrest or ban. — By order of bailiffs located in the Krasnodar Territory, bans were imposed on real estate located in another subject of the Russian Federation. How will the bans be lifted after the debt is paid off? — In this case, bailiffs can send a document canceling the ban to the Rosreestr Office at the location of the object using the interdepartmental electronic interaction system.
