The earth in Kiev region, many times risen in price in recent years, attracts to itself more and more speculators. Experts in real estate claim that in a radius of 50 kilometers round the capital of the "pure" earth (i.e. initially issued it is transparent, without gray schemes) didn't remain. Practically the muddy loop tries to keep step with each site offered for sale: from claims of the peasants who are considering (sometimes quite fairly) that at them selected the earth, to frankly roguish schemes with double property. For the last scheme when land already sold once is sold once again, realtors even thought up special expression - to sell "the second floor".
What to do not to fall into a trap to swindlers? On what to pay attention at purchase of land? What schemes are used most often by schemers? We also tried to find answers to these and other questions.
Attentiveness - the main weapon of individuals against speculators
Lawyers advise: at acquisition of the land plot attentively study all documents! Sometimes, that to the buyer showed one site, and after signing of the contract it appeared that its earth actually is for some kilometers. The first that it is necessary to make upon purchase - to verify the plan with the real district. If there are suspicions - to appeal in local authorities to confirm stay, the size, borders and the owner of a site.
The next key moment - the state act on the property right. At registration of a site the act, all other documents on the basis of which the property right was made out is handed out only, remain in the land use planning organizations. It isn't excluded that the notary will certify the purchase and sale contract according to incorrectly processed documents, and it already risk.Therefore useful will be to study the original of the act and to request an extract from the Land Registry, confirming the property right to a site. And in passing - to check, whether it is imposed on a site of any restrictions, whether there is an earth in pledge and so forth However, and it not always rescues from speculators: often, double sale happens to sites on which state acts of an old sample, without cadastral number are issued. Nobody will give a guarantee that documents of a new sample according to which parallel to yours one more transaction is made aren't processed to these sites not. Such cases, according to realtors, already became almost the ordinary in the Obukhovsky area. This area differs almost total absence zemelno - cadastral information: databases were stolen together with Inventory computers, and, twice. So, in fact, any transaction made with the earth in this area - potentially dangerous.
Still, just in case, we will remind that the contract of purchase and sale needs to be read, instead of to look through. The document has to be made according to the legislation, even insignificant at first sight inaccuracies improbable consequences can have existence, up to transaction cancellation. However, sometimes lawyers advise independently to achieve a rupture of the contract if you got on a rod of speculators, and it is impossible to solve the arisen problem - courts in such questions treat injured buyers very loyally. The rupture of the contract provides you the right to get the paid refund. However, what to do in a case when the price of times specified in the contract in ten differs from really paid sum, it isn't known. As the only proof the receipt for the full sum which needs to be taken from the seller can serve.
And, finally - if the site which has interested you is in close proximity to the settlement, it is very useful happens to spend some hours, and to talk to someone from the local. Sometimes, that after conversation with any omniscient grandmother any need of further investigation disappears.
Schemers of aerobatics
Certainly, vigilance considerably increases chances to get a "white" site. But sometimes even supervigilance and big communications don't give a guarantee of lack of problems.The businessmen who have become skilled in deception of buyers, already got skilled at to cheat even the companies from which the whole team consisting of lawyers participates in the transaction, lobbyists, security service and, sometimes, personally the chief (owner) with all acquaintances and communications on pickup.
However, to find data on deception of legal entities not and it is simple. They prefer or to battle to speculators in vessels, or to resolve an issue unofficially, or if already nothing can be made, silently swallow offense and, having written down the spent sums at a loss, to make further development plans of business.
Nevertheless, and for big corporations the most important - attentiveness and suspiciousness, careful check of object of the transaction from all directions. So, in the analysis of town-planning risks from attention some "trifles" which will nullify subsequently all plans for building and which intermediaries at sale bashfully hold back can escape. The gas pipeline laid directly on a site and for any reasons unregistered properly can become such "trifle", for example. As a result, buyers face burdening circumstance on the acquired site and are compelled to introduce amendments in the plans.
Even more problems arise in the legal analysis. The company can is banal "not to notice" legal risks, in particular, containing in the history of a site. Intermediaries without whom any transaction with the earth, preventions of such "trifles", as a rule, itself doesn't do practically don't burden. However, often, these intermediaries also are authors of the most dark and ugly stains in the history of the sold land. As a result the buyer receives in loading to desired hectares discontent and claims of locals and the local authorities, and sometimes - and acutely conflict situations. In such situation there was, for example, a Nelora — Lend company: having acquired part of a field at the village Big Aleksandrovka, businessmen are compelled to put protection and to constrain an impact of inhabitants of the village, demanding to pay in addition for shares which they once and sold for ridiculous, to present measures, money. And, though actions of locals, actually, fall under article for extortion, and their claims to the present owner are deprived of all legislative bases, from it it isn't easier for businessmen: peasants got used to speak language of emotions and to work on "the justice", and dry legal terms understand poorly.
But, besides "conditionally lawful" and "conditionally honest" transactions, from time to time there are messages and on frank fraud. So, at the beginning of a year it became known that the major automobile concern "The Atlas — M" which is the seller of Volkswagen cars fell a victim of land frauds.
According to available information, the company at the end of the year before last got a front site along Borispolskaya Route (just in the neighbourhood with that field on which the Nelora — Lend company is compelled to expose protection). The site was acquired with intention to construct on it a motor show. Subsequently it appeared that businessmen managed to lodge a shark of automobile business on "the second floor". That is, to sell a site which at the time of sale already had a lawful owner. Official position of autoconcern in this question - "any comments". Well, such position happens quite justified, especially at considerable legal mistakes. Or as way of protection of business reputation: according to the borispolsky interdistrict prosecutor, upon double sale of land in Big Aleksandrovka criminal case is opened today. However, authentically to tell who appears in business - "The Atlas - M", the peasant or the intermediary, sold to concern the land, - we can't.
But, as it was succeeded to learn, at present in base of the Land Registry of the Borispolsky area, among owners of the land plots, the companies connected with The Atlas — M concern doesn't appear. It is known that the earth was bought by affiliated structures of concern at second hands directly at the peasants who had on hands state acts. In Borispol say that at the time of transaction someone "worked" with a database of the Inventory and easily misled lawyers of the company. As the mentioned state acts were invalid as the same peasants already sold the shares several years before.
Anyway, but it is necessary to establish the fact: automobile concern, thinking that buys the land, paid millions for air.
Lawlessness under repartition
The similar lawlessness in the land question is caused, in fact, by only two factors - promptly flown up land values and ease of creation of various schemes (existence of openings in the legislation, through corrupted local authorities through whom all frauds are carried out). Big money - good incentive for any intermediaries, and quickly them to earn temptation more strongly than ethical standards.Realtors say that absolutely honest intermediaries on lands about Kiev don't happen, is conditionally honest, gray and black. Conditionally honest, probably, solid offices call themselves. About a mess which is created in local authorities, and there is nothing to speak. Accountability cases, even against the war declared by the president with corruption, units. The loudest of them - detention of the chairman of one of settlement councils of the Vyshgorodsky area, demanding 1,3 million dollars for "services" in the solution of the land question of what it became known in March of this year. Whether this case will serve as precedent? It is unlikely: in a lobby local officials osuzhdayushche swing the head: pier, "it is necessary to share".
Now to be the local official and to have any weight in the land question - all the same what to win in a lottery. Whereas in Kiev for the earth a serious fight, with re-elections and even a fight, in a neighborhood of the capital all a rank - a rank is developed. Schemes are adjusted, everything is clear to all, everything silently and grandly. Public organizations already cry the head off: pier, in the field of fully free, "ownerless", sites, which at present распаевываются at full speed, impudently, under figureheads. Also are on sale, despite of the moratorium and an official position Bank.
In such muddy water any buyer of the earth, both the individual, and the big firm, can become the small fish who has got on a hook of frauds. Only care and scrupulous check reduce chances to be deceived. So, buying the land, it is worth remembering to follow three simple principles: vigilance, scrupulousness and care. And then, probably, businessmen won't manage to fill up the budget at your expense.