The sale of real estate used mainly two rules: Article 35 of the Land Code and Article 552 of the Civil Code. Unfortunately, no land laws or civil codes are often unable to resolve the problems arising in the arbitration. In the absence of a clear legal basis litigation lasted for years. Who needs a foreign land In accordance with Art. 35 of the Land Code (HCC) of the RF during the transition of ownership of the building to the new owner of real estate and goes right to use the land on which these objects are located. However, the LC is silent on the size and area of the site, right on that automatically goes behind the building. This silence is often the cause of litigation. "Several years ago, JSC" Chrome "has decided to sell three-story building in Pavlovsk - the director of law firm" Argus "Victor frying. - The buyer was willing to pay for it a million dollars. The building is about the size of 30x20 m was located in an area of approximately 12 hectares. Upon learning of the deal, the owners of houses in the neighborhood, went to court with a lawsuit and lay claim to part of the territory. The case is still wandering the Judicial. " The fact is that, unlike Article 35 of the LC RF in Article 552 of the Civil Code states that a contract of sale of the building (structure) to the buyer the right is transferred to the portion of land that is occupied by this immovable and is necessary for its use. In proceedings before the Court raised the question of how much of the allotment is required for maintenance of the building. "Indeed, this provision nowhere expressly treated, - said Victor frying. - Therefore, the plaintiffs challenge the feasibility of transfer to the buyer of 12 hectares, while the area - a total of 600 square meters. M. The lack of the Civil Code is still in the fact that the fate of the rest of the remains uncertain. " Should - should not be in arbitration practice often happens that in the same area claimed by two legal entities. And each of them has a legitimate reason for it. Typically, this impasse as the parties to the dispute and the courts. Let's say the site is state-owned and designated for industrial plant on the right of permanent (perpetual). Located in the land building plant sold to another company, which rents the land for him. On the one hand, according to the Law "On introduction of the Land Code," a person who has the right of permanent (perpetual) is required to purchase a plot of the property or place to rent. And Article 35 of the Land Code that the owner of a building located in a foreign land, has a preferential right to purchase or lease the land on which it has its structure. It turns out that both sides are perfectly legitimate right to a particular site, but can not agree. "In the Leningrad region a similar process has been going on for several years - says lawyer law firm" Pepeliaev, Goltsblat & Partners' Elena Ryzhkov. - Two joint-stock companies want to get ownership of the land area of 5 ha. The dispute could not be resolved and the parties incur losses that grow in proportion to the lost time. " According to Elena Ryzhkov, this situation can be multiple outputs. For example, a possible compromise in which the holder of a permanent (perpetual) waives a specific area. Although it increases the risk for the owner of the building. While he rents a plot, one way or another situation under control. But if the landlord refuses to renounce all rights to the land, government may consider that for a small building of 5 or 7 hectares of land - unnecessary luxury. As a result, the building owner may be deprived of the leased area, satisfied with only a small part of it. House Ghost Another issue concerns the legal relationship of land and buildings situated on it. It arises because of differences between the old and the Land Code of the Russian Federation. This may be cause for failure to register RRG ownership of some buildings. For example, had not forbidden to dispose of the building without the land on which it is located. The new TSP, adopted in 2001, such transactions are prohibited. But what about those buildings that have already taken without the site? It turns out that their current owners are among the owners of so-called ghost houses. They can only operate these facilities. Sell a property or rent it can not be without titling the corresponding section. The optimal way out - to buy or rent land on which the buildings. Although sometimes it is problematic, as the site for the purchase may be required, for example, credit, and the "landless" object does not take a pledge of no banking structure. According to many lawyers, for the improvement of the law establishing the legal relationship between plots and real estate, you can resort to the experience of some European countries. "Unfortunately, among the Russian legislators are many who categorically do not accept the tracing of foreign theory, - complains director of law firm" Schmidt "Robert Svintitsky. - But, on the other hand, what if we can not improve its own rules of law, sometimes resembling a charade? »
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