Legal support of Real Estate transactions

Law firm Prime legal LLC offers owners, purchasers or lessees of real estate special service: legal support of transactions with real estate.

• Through this service, experts are advising: detailed consulting at all stages of the transaction;
• Development of schemes and legal support of transactions with real estate;
• Legal examination of documents submitted in compliance with current legislation of the Russian Federation and requirements of registering bodies, as well as verification of legality of seller’s rights, at the alienating real estate up to the first level of transaction.
• Representation of a client while negotiating with contractor;
• Preparation of the preliminary contract or an agreement of intent;
• Collection of related documents for State registration of ownership of real estate and transactions with it (documents for BTI, statements, harmony, etc.);
• Preparation of the basic contract between the parties, as well as concerting text of the Treaty and terms of the deal with parties.
• Feed package of documents on State registration of rights to real estate and transactions (real estate registration) in the Office of the Federal registration service in Moscow;
• Control of documents at all stages of registration of ownership.
• Removing comments of the registering body (if they occur in the process of registration of real estate);
• Getting registered documents.

Law firm Prime legal LLC provides its customers with the opportunity to order complex legal support of transactions with real estate at all stages of its conduct or order only part of the services included in complex of legal support (registration of real estate).

State registration of real estate rights and transactions.

In accordance with the federal law “About State registration of rights to real estate and transactions therewith”, the State registration is a legal act of recognition and confirmation of the State of restrictions (encumbrance), transfer or termination of rights to immovable property.

State registration is the only evidence of the existence of a registered right. Registered right on immovable property can only be challenged in the courts.

State registration of subject of ownership and other rights in immovable property and deal with it under articles 130, 131, 132 and 164 of the Civil Code of the Russian Federation, with the exception of aircraft and vessels, inland vessels and space objects.

Along with the State registration of real rights on immovable property, restrictions (encumbrance) of rights to it, including the easement, mortgage, asset management, leasing, as well as restrictions (encumbrance) of real property rights arising under the Treaty or act of a public authority or an act of authority of local self-government shall be the subject to state registration.

Participants of relationships, appeared after the State registration of rights, including registration of ownership of real estate and transactions therewith, are owners and holders of other immovable property, including citizens of the Russian Federation, foreign citizens and persons without citizenship, Russian and foreign legal persons, international organizations and foreign States, the Russian Federation, the entities of the Russian Federation and municipal entitieson on the one hand, and the authorities conducting State registration of real estate rights and transactions with it, including the State registration of property rights on the other.

Rights to real estate and transactions with it are subjects to state registration in the unified State Register of rights. The unified State Register of Rights contains information on existing and terminated rights on real estate objects, information about these objects and right holders.

Procedure of State registration of rights to real estate and transactions therewith.

State registration of rights to real property is held in the following order:

• Reception of documents required for State registration of rights and meeting the requirements of federal law ( + document confirming payment of the State fee)
• Legal examination of documents and verification of the legality of the transaction; the absence of contradictions between the asserted rights and have already registered rights to the object of immovable property, as well as other grounds for refusal or suspension of the State registration of rights;
• Insertion of entries in the unified State Register of rights to immovable property (if there is no contradictions and other grounds for refusal or suspension of the State registration of rights);
• Signature of documents and issuance of certificates of State registration

State registration of rights (registration of real property) is carried out not later than within one month from the date of filing the application and documents required for State registration. The State registration of appearence and transfer of rights to immovable property (real estate) certified by a certificate of State registration of rights. The State registration of contracts and other transactions shall be certified by means of special registration marks on a document that expresses the content of the transaction.

The grounds for the State registration of rights.

The grounds for State registration of occurrence, termination, transfer, restrictions (encumbrance) of rights to real estate and transactions with it are:

• acts issued by the public authorities or bodies of local self-government in the framework of their competence and in accordance with the procedure established by law.
• contracts and other transactions with immovable property, in accordance to the legislation in force at the location of the immovable property and at the time of transaction;
• acts of privatization of residential premises, in accordance with the legislation in force in the place of the implementation of privatization at the moment of its perpetration;
• certificate of inheritance;
• Court acts entered into legal force;
• acts (certificates) of rights to immovable property, issued by the competent authorities in the manner prescribed by the legislation in force in the place of publication of such acts at the time of their publication;

State registration of individual types of rights to real estate and transactions with it.

Chapter IV, of the Federal law "About State registration of rights to real estate and transactions with it", determines the order of State registration of certain types of rights to real estate and transactions, which are:

• State registration of rights to the company as a property complex and deals with it
• State registration of rights to land and other real estate (objects of the company as a property complex) their restrictions (encumbrance).
• State registration of rights to real estate and transactions therewith in multi-family housing.
• State registration of rights to common property.
• State registration of the ownership to the object of immovable property.
• State registration of property rights of a citizen to the land, granted for conducting a personal part-time farm, gardening, cottage, horticulture, individual garage or individual housing construction.
• State registration of lease of immovable property.
• State registration of easements.
• State registration of rights to immovable property, established by decision of an arbitral court.
• State registration of mortgage.
• State registration of rights to real estate related to disposal of real estate on trust or guardianship.

In this list, you can review the most common transactions which conduct state registration of rights. In our company you can order a legal support which will help you to solve different problems.

Transactions with alienation of objects:

• Contracts of sale
• Contracts of barter
• Gift contracts
• Annuity contracts
• Donation of land

Transaction without alienation of facilities:

• Rent of non-residential premises;
• Subletting premises;
• Additional agreement to lease;
• Termination of the lease;
• Rent of residential premises;
• Land leases;
• Additional agreement to lease the land;
• Termination of the lease of land;
• Sublease of land.

Pledge (mortgage);

• Pledge of non-residential premises;
• Pledge of dwelling;
• Repayment record on mortgage.

Registration of an agreement on participating in shared construction:

• Registration of agreements on participating in shared construction
• Registration of agreements on assignment of claim according to an agreement on participating in shared construction
• Termination of an agreement on participating in shared construction

One of the most common reason for registration transfer of ownership of real estate is the sale of real estate, according to which there is a change of the owner of the property. The parties to the contract of purchase and sale of real estate can be both natural and legal persons. Object of the deal may be residential property, for example, apartment or vacation home, non-residential commercial or office premises, land, industrial enterprise as property complex and other objects of real estate.

When the State registration of the transfer of ownership on the real estate, as a result of the deal, one party of which is a legal person, the package of documents are greater than the package of documents for registration of the contract between individuals. Preparation of required documents to the person who faces such necessity for the first time is rather difficult. Therefore, for the convenience and savings of personal time, it is reasonably to apply to professionals in this field. Special attention is devoted to preparation os sale contract. Wthout some training it is easy to commit a faux pas and not notice the "pitfalls", often encountered in legal practice.

Registration of property rights for inheritance or gifts also needs the assistance of specialists. List of documents submitted to the registering body for such transactions ( there are certain exceptions) identical to the package of documents, submitted for registration of ownership by contract of sale.

A special place among transactions registration of property rights is the exchange of real estate under barter agreement. In such transactions, the volume of work increases, because it requires documentation not for one, but for two premises. A transaction of this nature may be equivalent, or not equivalent, i.e. with a surcharge of one of the parties to the other. Regardless to the type of transaction a change of owners and registration of ownership for two objects complicates the process of gathering and producing documents.

In each of these cases, our specialists with extensive knowledge and experience in conducting such transactions will help you.