Sale of agricultural land. Sample of the contract of sale

Lands suitable for growing the food crops needed in all countries are considered strategic targets. In Russia, although it is considered "a zone of risky farming" in most of its territory, it is suitable for agriculture with abundant lands, and, like any useful resource, they are under the close attention of the state.

Land for the needs of agriculture as a subject of the transaction

During the period of perestroika, when there was an almost complete change of the legislative base in the country, the state lost its status as the sole owner of the land. Adopted on 25.04.1991 the Land Code of the RSFSR and amendments to the Constitution of 1978, individuals have an unlimited number of plots for different needs. At the same time, a moratorium was established for the sale of agricultural land lasting 10 years, in the case of its free receipt, and 5 years from the date of purchase for a fee.

However, with the adoption of the Constitution of the Russian Federation in 1993, all restrictions were abolished, and the plots became full participants in civil circulation.

The Land Code of the Russian Federation (CC RF) in Article 11.1 defines the land as part of the land surface, the territory whose boundaries are established and registered in a manner determined by law. They are also immovable, divisible, non-consumable, negotiable things having a specific feature in the form of a legal regime (category), which is established depending on the purpose of the land.

Among the categories listed in the law, the land used for the needs of agricultural production is in the first place, which is due to their special importance for the state. In part 1 of Article 77 of the RF Land Code the following objects are referred to them:

• Sites located outside the settlements and intended for agricultural activities - planting crops, livestock, haymaking, as well as placing the relevant facilities (farms, grain crops, etc.).
• Areas where you can engage in agriculture, but related to other categories - land settlements and non-forest lands of the forest fund.

All described objects in their composition are heterogeneous, and the intended area for sale can include the following types:

Parts of agricultural land

Agricultural grounds Sites that have priority in use for agricultural production	Non-agricultural land Sites with "auxiliary" facilities
Plows (areas for crops)	On-farm roads
Perennial plantations of food plants (orchards, vineyards, etc.)	Forest plantations to protect the site from harmful phenomena (fires, dry winds, etc.)
Zalizhi - lands formerly used as arable land, but left alone to restore fertile properties	Areas under permanent or seasonal buildings, structures and equipment that are intended for storage and processing of agricultural products
Hayfields	Water objects - natural or artificial enclosed reservoirs (ponds, flooded quarries)
	Communications, including meliorative

Regardless of the composition and proportions of the land, their sale will be conducted according to special rules defined by the RF LC and Federal Law No. 101-FZ (hereinafter - the Law on Turnover). However, there are some features of the purchase and sale of agricultural land with significant inclusion of auxiliary land. In particular, their composition, conditions of occurrence and further use must necessarily be included in the text of the treaty.

Limitations in the sale of land

Civil turnover of plots is carried out in accordance with the restrictions established by the Civil Code, the Land Code of the Russian Federation and other laws. They are understood as conditions, prohibitions that restrict the owner during the alienation of the property (servitude, mortgage, trust management, rent, etc.).

According to the provisions of the Law on turnover, the purchase and sale of agricultural land has the following limitations:

1. Land plots are not transferred to foreigners (individuals or companies), stateless persons, and Russian enterprises if their share of foreign participation is more than 50%.
2. Sites can not be sold with a subsequent change in the category (destination). At the same time after the transaction, it is permissible to change the permitted use of land. For example, areas for haymaking can be transferred to pastures.
3. According to article 4 of the Law on turnover, only one area (from 10 to 100% of the total number of lands within the boundaries of municipalities) can be owned by one person (person or company). More specific restrictions are set by regional acts.

Pre-emption rights in the purchase of plots

Article 8 of the above law determines the main obstacle to free circulation of land - the priority of the region to purchase a land plot when it is sold. Given the strategic and food importance of the territories, the restriction that provides for a special order of alienation is fully justified.

The essence of the pre-emptive right is that the seller, if he intends to conclude a contract for the sale of a site in the future, must provide the following information in writing:

• Land value and settlement period between the parties (not more than 90 days);
• Area of the object in hectares and square. Meters;
• Location (address) of the site according to cadastral records;
• Cadastral (conditional) number of the land plot;
• Information about the seller, including contact details.

The notification does not require you to enter information about the buyer. The law requires only a designation of desires for the alienation of property. Also, this document does not entail the occurrence of any obligation to sell.

The notice is transmitted to the office of the authority or sent by letter with a list of attachments. Subsequently, the appropriate marks and documents will be the main evidence in litigation over the validity of the contract of sale.

If the executive body (department, ministry, department) of the region renounces the purchase, sending a relevant notice to the seller, the sale of the agricultural land should be held within 1 year. But the decision to buy land can be positive. In this case, articles of regional laws that provide for specific procedures for notifying the seller (notification, order or resolution) and subsequent execution of the contract of sale are beginning to operate.

For example, the sale of agricultural land in the Moscow region, based on paragraph 3 of Article 10 of Law No. 75/2004-OZ of 12.06.2004, must be held within 60 days after the decision of the municipal body to purchase the site.

In addition to the rights of the region or the municipality, the legislation of the Russian Federation gives an advantage to other entities:

1. The tenant under paragraph 8 of Article 22 of the LC RF has the right to buy out the leased land from the lands of state property to all other interested persons.
2. With the bankruptcy of the owner - the agricultural organization - the rightholders of neighboring lands have the right of preferential acquisition of his possessions.

Compliance with the terms of pre-emption is mandatory. In the event of a violation, the purchase and sale of agricultural land may not take place or be declared invalid in court.

Offer for the sale of land: a sample

The norms of articles No. 101-FZ are also developing at the regional level, by issuing separate laws. For example, the sale of agricultural land in Ivanovo is regulated by Law No. 31-OZ of May 8, 2008 "On the circulation of land in the Ivanovo region." In other regions, the provisions on the alienation of these objects are included in general laws in the form of a separate chapter or paragraph.

The same happens with respect to notices about the future sale of the site. In most regions it is proposed to send a letter in an arbitrary form, indicating in it all the necessary information. But in some entities the form is approved by the executive body. For example, in the Nizhny Novgorod region, the notice must necessarily comply with Appendix No. 1 to Government Decision No. 453-r of March 13, 2012.

Preparing for the acquisition of a land plot

The contract, as a legal fact, appears as a result of the procedure for its conclusion between independent parties (the seller and the buyer), which consists in reaching agreement on all the conditions. However, the following conditions are necessary for the conclusion of a contract:

1. Formation of land.

Sale of agricultural land can only be carried out with respect to individually defined sites, which implies their passage through the process of surveying (establishing and fixing boundaries on the terrain) and cadastral registration in accordance with Federal Law No. 221-FZ of July 24, 2007.

2. Notification of the executive authorities of the region or / and district about the desire to sell the site on specific terms and receiving an appropriate response from them.

3. Obtaining consent of third parties for sale, expressed in writing. The existing laws provide for the following types:

• Consent of the spouse of the owner for sale (clause 3 of Article 35 of the Criminal Code of the Russian Federation).
• The consent of the temporary manager, the meeting of creditors or the person providing financial security (Articles 64, 82 and 101 of Federal Law No. 127-FZ of 26.10.2002 "On Insolvency").
• The consent of the owner (PFH, agricultural enterprise) of neighboring territories, if the seller of the site itself is in bankruptcy at the stage of bankruptcy proceedings.

The list of conditions is open, as the need for certain actions to conclude a contract of sale depends on many factors, including the site itself, its location, the right holder, the way of alienation.

For example, when buying and selling again, cadastral work is not required, since the subject matter of the contract has already been put on the appropriate account. Notification of authorities of intentions for sale is required only if the seller is a private person.

Essential conditions

The provisions of Article 432 of the Civil Code of the Russian Federation ( Civil Code ) determined that until the actual conclusion of the transaction and the transfer of property and money, the parties must agree on the following conditions:

1. The subject of the agreement is a complete description of the land plot, which makes it possible to distinguish it from others. Practice has developed a set of information that must be indicated in the contract:

• cadastral number;
• Address (location);
• Area in hectares or square. Meters;
• Category and permitted use.

2. The price of the alienated land is the material expression of the obligation to pay for the fulfillment by the seller of its terms and conditions of the contract of sale. It can be listed as for the whole territory as a whole, and for a unit of area. The parties are free to choose the size of the price, but they can not change it arbitrarily.

In the absence of these conditions, the contract for the sale of the site will not be concluded, and the alienation of it into the ownership of another person simply does not take place.

Rights and obligations of the seller of the land plot

Sale of land from agricultural land implies not only the definition of the object and price, but also the full regulation of the actions of the parties (the seller and the buyer) on the transfer, acceptance and payment of property, as well as the subsequent execution of the document in Rosreestr.

The rights and duties of the owner are defined in the current legislation of the Russian Federation and consist of the following:

1. Obligations and rights of the seller.

1.1. Providing all available information about the encumbrances (restrictions) of the site, its quality and prospects for its intended use. This information:

• On the permission to maintain specific types of agriculture (the arrangement of vineyards, the creation of objects, etc.);
• The presence of neighboring sites that have any impact on the acquired site;
• The qualitative properties of the land that affect its use and value;
• Other data that may somehow change the buyer's decision to purchase.

The rights to a land plot may be limited to the establishment at the regional level of special requirements for use and management regime and be associated with the protection of animal and vegetable worlds, preservation of soil fertility, habitats of rare species of animals or birds, natural migration routes,

The owners of the plots may not be aware of all the available restrictions, but must specify in the contract those that are known to him.

1.2. Transfer of land.

Under this provision, the actions of the seller on the actual and legal introduction of the acquirer into possession of the land plot are implied. And it does not mean the literal meaning of "handing", but what is put into the word by law.

Under item 1 of Article 224 of the Civil Code of the Russian Federation, any thing is considered to be handed in after the direct receipt by the buyer. The latter can be expressed as the release of a plot from the seller's property or the termination of management.

The obligation to transfer is formalized in the form of a special document - an act of acceptance and transfer signed by the parties to the contract and only after that is considered executed.

2. The basic right of the seller consists in the ability to demand timely payment of the land plot under the terms of the contract of sale. If the property is alienated by the executive power body, then it is entitled:

• Control the protection and use of the site;
• Require targeted use of the property, as well as other obligations for the use of the territory.

Rights and obligations of the buyer of the land plot

Provisions on the actions and opportunities of the acquirer, as a rule, are similar to the seller. Moreover, the latter may not be able to perform its duties without the appropriate action of the buyer. In general, they can be divided into 2 groups:

1. Basic obligations.

1.1. Payment of the cost of the site in the amount, terms and procedure established by the contract of sale. As a rule, this is expressed in the transfer of funds to the settlement account in the order of full prepayment.

1.2. Implementation of actions aimed at the acceptance of a land plot in the actual possession of plots and the preparation of an act of acceptance-transfer.

The number of additional obligations imposed on the buyer is quite large and usually includes the consent to pay land tax not from the date of change of the site owner in the registers of tax authorities, but from the date of concluding the contract of sale or the moment of the actual use of the object. He, as a rule, is obliged to conduct and pay for registration of the transfer of rights to the site in Rosreestr.

If the authority of the subject of sale acts as the owner of the subject of sale, other obligations may be transferred to the acquirer, including:

• Maintenance of the maintenance and an accomplishment of adjoining territory and access roads;
• Terms and procedure for development of the sowing area;
• Ensuring free access of representatives of state bodies to the site for the purpose of checking the features of management;
• Preservation of boundary and geodesic signs;
• A certain set and timing of measures to protect and improve the state of land.

2. The main right of the buyer is the responsibility of the seller and consists in the requirement of timely transfer of the land with the possibility of unimpeded exercise of his powers of the owner:

• Erection of buildings and structures for the needs of agriculture;
• Use for their own purposes of publicly available minerals, groundwater and enclosed bodies of water;
• Carrying out irrigation, drainage, reclamation works, the construction of reservoirs (ponds and watered quarries).

Contracts for the acquisition of land are not mandatory and are concluded under the general rules on the purchase and sale of real estate. But it is not forbidden to use earlier acts, forms of contracts. For example, by the Order of the Russian Committee of the Russian Federation on 1-16 / 770 dated 02.06.1993, a model of the contract for the purchase and sale of agricultural land was approved. At present, this document has lost its force, but it can serve as a reference point for transactions on the alienation of land.

Invalid provisions of the contract of sale

Paragraph 2 of Article 37 of the RF Land Code lists the conditions under which the sale of agricultural land will be invalid:

1. The right of the seller or other person to redeem the property back at will or under any conditions. The existence of such a provision contradicts the very essence of property.
2. Restrictions of the new owner (acquirer) in the possibility of further disposal of the received property. For example, a ban on mortgage registration, the sowing of certain crops, leasing, etc.
3. Exemption of the seller of the land plot from liability in the event of claims and claims on the site from third parties or state bodies. The obligation to compensate the buyer for the withdrawal or obstacles in using the site is provided for in Article 461 of the Civil Code of the Russian Federation.
4. Description of the actions of the future owner, in any way related to the change in the category of the land plot or its use for other purposes, that is, not for the needs of agriculture.

The establishment of these limitations has a certain meaning and effectiveness. For example, due to them, cases are excluded where, under the guise of a sale, a pledge agreement is concluded. Depending on the degree and volume of inclusion in the contract, the sale of agricultural land may be invalidated in part or in full.

Ways of concluding a sales contract

Taking into account the form of ownership and the subject composition, the following procedure for the sale of agricultural land is singled out:

1. Acquisition of a private site under universal rules of sale and purchase, provided for in § 7 of Chapter 30 of the Civil Code of the Russian Federation, articles 30 and 38 of the RF Land Code, Article 8 of Federal Law No. 101-FZ.
2. Acquisition of the site through bidding (competitions or auctions). Usually, this procedure is carried out with the alienation of plots in public ownership. Separate rules establishing the features of selling agricultural land through bidding are not available, and the provisions of the Law on turnover refer to the standard provisions of articles 38-38.1 of the LC RF.
3. Acquisition of the site by the lessee. In this way of buying, the form of ownership is of great importance. If the sale is subject to a private plot, then the transaction follows universal rules. But it is possible to buy out leased land from the state or the region, as it follows from clause 4 of Article 10 of the Law on Turnover, but only in the absence of existing regulations issued by the state or municipal bodies that provided the site for rent.

The principle of freedom of contract extends, including the way it is concluded, which makes it possible to alienate land plots not only under universal rules, but also through private land auctions (tenders, auctions). The norms of the Law on turnover do not prevent this, obliging to observe only the obligation to notify the authority of the subject about the intention to sell the site.