What does the legislation
In the case where the seller is the owner and buildings, and land alienation (sale) of this structure is possible only together with the land, as stipulated in Article 35 of the Land Code of the Russian Federation.This provision is optional and if the house is in the seller's ownership was purchased without the land, which is also his property, a purchase and sale agreement has no legal force and may be revoked.
If the land does not belong to the seller
But there are cases where the structure is located on the land, the ownership of which belongs to a third party.This is possible if the house was built, for example, o
n rented land.According to Part 3 of Art.552 of the Civil Code, in this case, buying a house, while the buyer gets right to the ground, which is under the structure and the part that is necessary for its use.Thus, in accordance with para. 2 of Art.271 of the Civil Code, it will use the land under the same conditions in which he used it to the seller.Ieland owner-lessor is obliged to prolong the lease contract has a buyer and the conditions of use of land is not to be changed.Otherwise, the buyer has the right to go to court and confirm the conditions of use of land in the courts. If the seller has owned the site on the right of perpetual use, the buyer can move right to a free one-time privatization of land, without any additional conditions and restrictions.
This legislation fixed rate allows you to preserve the unity of the fate of land and property located on them.This rule is one of the fundamental principles of the law of the land and guarantees the preservation of the size and purpose of land alienated, together with the house.This also applies to previously established for this land easements, encumbrances and restrictions on the use and type of rights to the land. If you bought the house, the land on which it is located, is also divided into proportional shares.
In the case where the seller wants to sell only a portion of the land to the structure, he can do it.For this purpose, the land was divided and each part of the newly formed once the total land plot assigned new cadastral number.