Power of attorney for registration of a land plot: rules for drawing up, sample

The rights to carry out registration actions, the object of which is a plot of land, are vested in the owner.
If, for a number of subjective reasons, he is not able to carry out the transaction on his own, the law allows the following option - delegation of rights to a third party, whose terms of reference are determined by means of a power of attorney.

The procedure for drawing up, signing, and applying a document endowed with legal force is regulated by the norms of Chapter. 10 Civil Code of the Russian Federation.

Let us examine in more detail how a power of attorney for registration of a land plot is drawn up.

Peculiarities

A power of attorney for registration of a land share or plot is a document that is valid in the legal sphere, granting the right to a third party, who is actually a third party, to assume obligations on behalf of the owner as part of registration transactions.
It is important to take into account that responsibility for solving the problems of the financial spectrum rests with the person who is actually the owner .

The rules for drawing up a power of attorney, use, as well as the range of actions of the trustee limited by law are defined and regulated by the norms of Chapter. 10 Civil Code of the Russian Federation.

Within the legal spectrum, the relationship between the parties is effectively considered gratuitous . But the law does not derogate from their right to independently determine the cost of the procedure for delegating property rights.

Documents for donation

To draw up a deed of gift, it is necessary to prepare a number of certificates. The collection of documents should be taken very seriously. Any inaccuracies or errors in the papers may result in the contract being declared invalid. You will need:

A document confirming the ownership of an object.
Certificate confirming the registration of real estate with government agencies.
A copy of the cadastral plan with a reference number.
Identity cards of representatives of the parties and their copies.
Technical passport for a country house and outbuildings.
In the case of construction, a document confirming the right to carry out this work.
Receipt of paid state duty.
Application with a request.
Sample deed of gift in triplicate.

Dacha donation agreement: sample

The land donation agreement form must necessarily contain the following essential information:

complete and reliable information about the parties to the agreement;
information about the cadastral number of the plot, its location and area;
information about the intended purpose of the site and the lands adjacent to it;
a list of buildings located on the site and their description;
confirmed information on the absence of encumbrances with the rights of third parties.

A sample agreement is provided below:

Today, if the donor has all the title documents on the right of ownership of real estate, duly registered, there is no longer a need for many documents that were previously mandatory. But the registration service has the right to require any of them. Therefore, it is better to have all the documents related to the transaction with you.

Types of document

In accordance with the provisions of the Civil Code of the Russian Federation, it is possible to issue a power of attorney in three different versions:

One-time. Its effect remains for the specified period. It is used to significantly limit the rights of the attorney by providing him with the opportunity to perform only a certain action.
Special. The range of powers of the attorney is limited to the list given in the document. If unforeseen circumstances arise, when an expansion of the range of powers is required, it is necessary to use additional documentation.
General. Grants the trustee a virtually unlimited range of rights to carry out any kind of transactions. In order to protect the interests of the owner of property assets, the law allows the cancellation of a previously drawn up document by the principal at any time and in the absence of compelling reasons.

A special power of attorney is positioned as the most popular and sought-after document, as it limits the range of powers of the trustee and prevents dishonest actions on his part.

Content

Special powers of attorney are the most common. They do not carry any risk, since all actions are described in detail and clearly. It is unacceptable to carry out other procedures under this document. But in cases requiring additional actions that could not be foreseen when drawing up the document, a new power of attorney will need to be drawn up, or the owner of the land plot will have to carry them out himself.

Types of document

The wording here is usually used as general as possible: “to be my representative on all issues relating to the lands in my ownership located in the Belgorod region, speaking on my behalf in all municipal and tax authorities, in the MFC and the Rosreestr branch throughout the Belgorod region from my name, signing all required documents and declarations, with the right to sell and purchase agricultural land and their registration in Rosreestr, in my name, acting exclusively in my interests, with the right to transfer land plots for rent for conducting agricultural business, signing property transaction agreements and receipt of funds for the transaction and for rent." The validity period not exceeding 3 years and the right of subrogation must be indicated here.

The power of attorney is drawn up on a special form by a notary, so it is advisable to prepare in advance a list of all the powers that you plan to give to the representative. When visiting a notary’s office, you will need to describe the situation as accurately as possible so that the notary can help you draw up the document correctly. In addition, it is necessary to prepare a package of documents on the basis of which a power of attorney is drawn up.

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If there is a power of attorney with the appropriate permission, the authorized representative can suspend state registration, change information in documents, and so on. That is why all powers received by a citizen on the basis of a power of attorney must be clearly stated.

Registration of a power of attorney for the sale of land

If it is enough for the owner to transfer the rights to conclude a purchase and sale agreement, then the law allows you to create a document in free form. But when transferring registration powers, certification by a notary is required.

The maximum period for issuing a general direct power of attorney for land is three years. Since such a document gives the representative maximum rights to act on behalf of the principal, it is especially important for the latter to clearly state the purpose of transferring his powers so that nothing unnecessary is done. So, for example, this could be a power of attorney for management, sale, donation, rental, etc. with all the accompanying stages.

Compilation rules

The rules for drawing up the document itself and collecting the accompanying package vary somewhat depending on the nature and characteristics of the transactions.
For example, to issue a power of attorney to draw up a lease agreement for a land plot, a minimum package of documentation will be required, while to conduct a purchase and sale transaction it is necessary to collect a sufficiently large number of documentation.

Below are the nuances and features of drawing up a document for a transaction of one kind or another:

For the purchase and sale of memory

In order to provide a third party with the authority to conduct a purchase and sale transaction on behalf of the principal, it will be necessary to prepare a power of attorney in accordance with a number of requirements regulated by the Civil Code of the Russian Federation.

A number of the following points are positioned as mandatory for inclusion:

Passport details of each participant in the legal procedure.
Characteristics of a land plot or site, the inclusion of which is carried out through the use of technical documentation.
Details given as part of the land title documentation.
Determination of the terms of reference of the attorney. This paragraph should be considered as a list of the rights of a person actually acting on behalf of the owner. If the acquisition of a land plot is intended, the attorney's powers are limited to the right to complete the transaction, sign documents at any of its stages, transfer the prepared package to a state body and subsequent receipt.
Formation date.
Signatures of the parties.
A notary's mark, that is, a seal and signature certifying the certification procedure.

When selling a plot, the document is drawn up in an identical manner. However, in the paragraph that includes the range of powers of the attorney, it is required to list the rights of the latter, which may include not only the ability to participate in the transaction, but also to receive payment, that is, cash.

Owned

A power of attorney to bring a land plot or plot into the status of personal property must be drawn up in accordance with the model adopted by regulatory legal acts.

The following items are required for inclusion:

date - it is required to provide the date when the owner realized the property rights to the land;
information regarding the subject, that is, the land plot, given on the basis of technical documentation;
information regarding the parties given on the basis of passports;
term of the power of attorney;
date of actual compilation;
signatures of participants;
notary's mark.

To conduct purchase and sale transactions or bring a land plot into ownership status, it is necessary to provide the registration authorities with a complete legal package, which must include a technical passport and title documents.

For rent

To transfer a land plot or plot to a tenant through the participation of a third party, in this case an attorney, a limited amount of documents is required, including only the passport of the participants in the legal procedure and, in fact, a power of attorney.

The simplified nature is due to the fact that a transaction of this kind is positioned as being carried out solely on the basis of the will of the parties.

General power of attorney for a land plot, including registration and sale

Registration of ownership of land has a number of features both when purchasing and selling an object. The power of attorney in this case must be general so that the authorized person can fully engage in the procedure for the purchase and sale of land.

To prepare such a document, a citizen must provide the following documents to a notary:

passport;
SNILS;
title documents for land;
cadastral passport.

A general power of attorney has a wider range of powers for the attorney than a one-time power of attorney. It makes it possible to prepare the entire procedure for the purchase and sale of a land plot, as well as sign documents and register them with government agencies.

Notarization

Notarization of a power of attorney, regardless of the specifics of the procedure, is a mandatory element of it.
A power of attorney, in the clauses of which there is no notary mark, automatically loses legal force ; accordingly, the authorized person loses the opportunity to perform any actions and procedures, acting on behalf of the principal.

Notary fee

According to the law of the Russian Federation, the transfer of real estate must be recorded in state registration authorities. This is stated in the Federal Law, issued in July 1997, number 122. Government Decree No. 457 defines a body - the Rosreestr Office, where applicants can obtain a certificate of state registration.

What do you need to know when drawing up a land donation agreement?

personal data of the property owner and representative;
a list of powers that the attorney has the right to exercise;
validity period of the power of attorney, this paragraph is written at will;
signatures of the parties, seal of the organization.

The law of the Russian Federation provides for such a legal possibility as transfer of trust. This presupposes the right of the attorney to transfer the entire range of his powers or part of them to other persons. The power of attorney must clearly state whether the attorney has this power. There may be several options indicated in the document:

Hello! The notary will decide this. But if the copy of the certificate is properly executed, then there will be no problems. My advice: take an extract from the Unified State Register of Real Estate (it doesn’t take long and is inexpensive) and there won’t be any problems. Moreover, you will need it (the extract) more than once.

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How to draw it up correctly and should I contact a lawyer?

Often citizens, for objective reasons, cannot make transactions on their own behalf. This may be preceded by illness, lack of time, etc. In this case, the legislator has provided for the possibility of performing legally significant actions through a proxy.

If the seller, during the period of validity of the power of attorney, decides to change, for example, the sales price, he can revoke the right to act on his behalf. If such a situation occurs, the buyer will not be able to return the money already paid.

Cost and terms

The price for the services of a third party acting as a principal is negotiated by the parties independently . But it is necessary to take into account that in fact the procedure for drawing up a power of attorney is positioned as a paid service, where a notary acts as the recipient of financial resources.

As for the timing, the power of attorney is considered as a document endowed with legal status only from the moment it is signed by the parties and includes a notary mark.

The validity period, according to Art. 186 of the Civil Code of the Russian Federation are determined by the participants independently, but if the validity period is not specified, then by default it cannot last more than a year.

Early termination is permissible if the following conditions exist:

registration by the authorized person of a refusal in writing of the powers granted to him;
death or incapacity of one of the parties;
declaring bankruptcy or liquidation of a legal entity acting as a trustee or principal.

Power of attorney for the allocation of a land share from agricultural lands

Using examples of registration on legal resources, or using the help of lawyers, you must always take into account the fact that any power of attorney, including a general power of attorney, can be revoked ahead of schedule.

Document structure and important nuances

Power of attorney for the allocation of a land share from agricultural lands. A citizen who is a participant in the common shared ownership of a land plot from agricultural lands has the right to demand the allocation of a land plot on account of the land share that arose during the privatization of agricultural land before the entry into force of Federal Law of July 24, 2021 N 101-FZ “On Turnover agricultural lands” for the farm to carry out its activities and expand such activities.

The conditions and procedure for the allocation of a land plot against the land share arising as a result of the privatization of agricultural land for the purposes specified in paragraph 1 of Article 13 of the Federal Law “On Peasant (Farm) Farming” are determined in accordance with the Federal Law of July 24, 2021. N 101-FZ “On the turnover of agricultural land”.

Such wide possibilities should prompt the owner of the land plot to think about the need to clearly define the list of actions permitted to the authorized person. If, at the stage of drawing up a power of attorney, the owner of the plot has doubts about the wording reflected in the document, then it is better to immediately go to a notary. Until the document is signed it has no legal force.

Free form - contains only one action, clearly defined by the principal. Does not require certification;
Notarized - a full-fledged document with legal significance, drawn up according to a certain sample. Most suitable for purchase and sale transactions;
General - a power of attorney that allows you to transfer rights to another person in full. The recipient of such a power of attorney will be able to make any transaction. He will be able to rent and donate. Don't forget about the risk. With this type of power of attorney, there is a high probability of transfer of real estate by the authorized person to himself. It is safer to issue this document only to close or reliable people.

Types of power of attorney and their purpose

Power of attorney capabilities are subject to expansion. To do this, it is permissible to include in it not only the right to buy and sell a plot, but also the right to receive money or documentation from the Federal Reserve System for it. If it reflects additional authorization functions, then the authorized representative will even be able to suspend the registration procedure or make changes to the documents.

Date of the land purchase and sale agreement.
Information about the land plot.
Information about the parties - passport and contact information.
Powers granted to an attorney.
Duration of the power of attorney.
Notarized registration.
Signatures.

This document has a number of its own features that should be taken into account when preparing and signing it. Let us consider in more detail the main nuances, features and rules for drawing up a power of attorney in the Russian Federation.

Is it possible to invalidate a document?

The law outlines a number of rules for drawing up a power of attorney, the violation of which entails its recognition as invalid. Among them:

The date of compilation is mandatory. In its absence, transactions are considered void, that is, deprived of legal force.
Within the framework of the contract, it is necessary to highlight the subject composition, that is, to provide the actual data of the parties.
The document was drawn up and executed with the participation of a person who does not actually have the rights to make transactions of any kind, for example, a minor who has been declared incompetent.

A transaction carried out on the basis of a power of attorney may be recognized as invalid if the parties violate the rules agreed upon and prescribed in the body of the document. The fact that a transaction was declared invalid can only be recognized within the framework of judicial proceedings.

Features of the procedure for donating a dacha

A deed of gift for real estate, including a dacha, is subject to mandatory state registration. Important points to consider when drawing up a deed of gift for a dacha:

In the case where a deed of gift is issued to several persons, the shares are indicated in the agreement and boundaries are established. You will also need to draw up a boundary plan.

You cannot donate a summer cottage if:

the contract is drawn up by an incapacitated or minor person;
the gift is intended for a health worker, social service employees, or educational institution, if they provided services to the donor;
the deed of gift is issued to an official, civil servant, or bank employee.

Nuances of making transactions

The procedure for making transactions on the basis of a power of attorney has some features regulated by the norms of the Civil Code of the Russian Federation.

It is recommended to pay attention to the following points:

If the attorney's powers are limited to the right to sign certain documents, there is no possibility of his participation in the transaction at any stage of its conclusion.
The principal has the right to revoke the power of attorney at any time. The list of grounds for termination of a document is not limited to the provisions of regulatory legal acts.
A transaction carried out with the participation of an attorney may be declared invalid if the principal is recognized as incapacitated or partially capable after its conclusion. This type of procedure is carried out within the framework of judicial proceedings.

Power of attorney for management and disposal of land and garden house

Notary / Useful information / Power of attorney for the management and disposal of land and garden house

POWER OF ATTORNEY St. Petersburg, (day, month, year)

I, citizen of the Russian Federation Ivanov Ivan Ivanovich, born March 00, 1900, place of birth: Leningrad, gender - male, passport 40 00 000000 issued by TP No. 65 of the Department of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region. in the Primorsky district of the mountains. St. Petersburg on March 15, 2000, registered at the address: St. Petersburg, Vasika street, building 3, building 4, apartment 5, with this power of attorney I authorize Ivan Ivanovich Ivanov, born April 00, 1980, passport 40 00 000010 issued by TP No. 65 of the Department Federal Migration Service of Russia for St. Petersburg and Leningrad region. in the Primorsky district of the mountains. St. Petersburg on March 15, 2000, registered at the address: St. Petersburg, Vasika street, building 3, building 4, apartment 159,

- manage and dispose of a land plot owned by me with a garden house located on it, located at the address: St. Petersburg, _____________________, for which I grant the right to have free access to the land plot and garden house, to cultivate the land plot at my own discretion, to collect harvest, erect buildings for various purposes, with the right to order a project, approve building projects in the manner prescribed by law, - to be my representative in all institutions and organizations of St. Petersburg on the issue of obtaining the necessary certificates and documents, including in the Office of the Federal Registration Service for St. Petersburg and the Leningrad region, in the Committee for City Property Management, in the Committee on Land Resources and Land Management, the Federal State Institution "Land Cadastral Chamber", in the technical department of the Rosnedvizhimost Administration, in the technical inventory authorities, the Committee on Architecture and Urban Planning, cadastral registration authorities, the Inspectorate Federal Tax Service of the Russian Federation, with the right to submit any tax returns, in the district Administration, gardening "____", in local governments, in the Interdepartmental Commission for Technical Supervision, the State Commission for Administrative and Technical Fire Protection, in housing maintenance authorities and other institutions, submit, receive various kinds of certificates and documents, including Agreements, Acts, petitions, Certificates, Extracts from the Unified State Register, a plan of a land plot with a cadastral number and other documents with the right to make changes and additions to the Unified State Register for the above-mentioned land plot and garden house, - carry out all transactions permitted by law with the above-mentioned real estate, in particular: sell, exchange, lease, determining in all cases the terms, amounts and other conditions at its own discretion, enter into sales and purchase agreements (exchange, lease), make settlements on transactions , pay all taxes and fees, arrange and pay insurance, receive funds, register with the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region in accordance with the procedure established by law, the agreement and transfer (termination) of ownership rights to the specified real estate, receive documents after the state registration; register, in accordance with the procedure established by law, ownership rights to property received in exchange, and obtain Certificates of state registration of rights, for which I grant the right to sign, draw up, receive and submit documents and duplicates, submit various types of applications on my behalf, including my marital status, sign for me, make the necessary cash payments and carry out all actions and formalities related to this order. The power of attorney was issued for a period of three years, with the right of substitution. The text of the power of attorney was read by me personally, the contents of the power of attorney were read to me by a notary, my data and the data of the representative to whom the power of attorney was issued are indicated correctly. The powers are indicated in the power of attorney in my words and correspond to my wishes.