Today, the concept of "burden" is increasingly found. What does this mean? In simple terms, this is a kind of arrest of property or real estate. Based on the drawn up agreement, certain restrictions are introduced that do not allow to fully own this or that property. It is worth paying your attention to the fact that an encumbrance may appear independently of the owner, for example, an arrest by a bank, or perhaps by his will - a pledge of an apartment or house. In any case, restrictions appear that prevent transactions, sign contracts, etc.
Types of encumbrance
There are several of them. The most common ones are bail or arrest. The first type is carried out with the consent of the owner, for example, you need to pay off the debt, and the apartment is given on bail. As for the arrest, this is a necessary measure, and the further development of events depends on the court decision, as a result of which the property or real estate can be completely or partially confiscated or returned with a fine, etc.
Another type of encumbrance is rent, or rather, the right to use property for a period of more than one year. Trust management (DU), which includes custody or guardianship, also refers to one of the types of arrest. There are other encumbrances that are imposed on property in accordance with the laws.
There is one interesting point that few people pay attention to: when transferring property to another person, all burdens remain, that is, the current owner must pay the debts. It is for this simple reason that when you make a transaction, you should know if everything is in order in this regard. If there is a burden on the apartment, then this is an occasion to think. Let's look in more detail.
Mortgage Removal
This procedure is performed only after the borrower fulfills the requirements of the contract and fully repays the loan for the apartment. It is worth noting that often the process is delayed for a long time, and a person gets a lot of trouble. One thing is not clear: why is it possible to take a loan from a bank relatively quickly, but does lifting a burden on a mortgage last much longer? In order not to overpay and not to contact lawyers, do it yourself. To do this, you need to fully repay the loan and immediately request a letter from the bank that you have fulfilled the
terms of the contract. In addition, an extract from the loan account that the mortgage has been fully repaid must be attached. The burden will be removed soon.
Do not worry if documents will be prepared for more than one week (but no more than two), as this procedure requires. Then you collect the necessary package of documents with which you must go to the Federal Registration Service in order to remove the burden from you. It includes the following papers:
- Documents for an apartment, house, etc.
- Mortgage (stored in the bank).
- Document confirming the fulfillment of the contract (get it at the bank).
- Application for removal of encumbrance.
- Passport and tax receipt.
What is an encumbered sale ?
As noted above, before you buy something, you should carefully study all the documents, for example, for debts, etc. Of course, there are special rules of use that introduce restrictions on the burden on a particular property. This is the same lease, which, although it does not prohibit entering into transactions for the sale of real estate, but makes some adjustments to the corresponding agreement. If, for example, the owner has sold the apartment that he is renting to a third party, then the new owner is obligated to fulfill all the conditions of the contract.
There is such a thing as easement. In fact, this is the right to a land plot, which is limited by the contract. For example, you can lay part of the communications or roads on the site of your neighbor. Just like a lease, the easement does not lose its strength if the land passes from one person to another.
You’ve already sorted out the concept of “encumbrance.” What is it, we told in detail. In principle, almost always this applies only to real estate. Now let's talk about trust. Here, too, have their own characteristics that must be taken into account.
Trust Law
allows the trustee to make various transactions and conclude contracts (except for the sale of property). For this, the owner draws up an agreement according to which a person can use his property. And now a few words about the burdens of remote control. The main one is the guarantee. The main purpose of this burden is to repay the loan. If the borrower fails to repay the debt on time, property rights pass to the pledger. Please note that the removal of encumbrances of this kind is possible only after full or partial repayment of the debt.
Also, arrest is also part of the DU section - this is a ban on concluding any contracts or transactions. In this case, as noted above, everything is decided by the court. Moreover, the owner of, for example, an arrested house, must keep it safe until a court decision is made.
Of course, there are other diverse restrictions that are imposed by the state. A vivid example of this is the burden in the use of property for which taxes have not been paid, in other words, having debts to the state.
Features of the contract with encumbrance
The conclusion of this kind of transaction has several significant nuances. The fact is that the limited rights of the owner must be taken into account when drawing up the contract. As practice shows, most often a mortgage acts as an encumbrance. If a person for some reason cannot independently pay the debt, then he puts the property up for auction. It turns out the following situation. The buyer must pay a certain amount, which is set by the owner, and the remainder of the debt. Of course, in this case, an agreement with an encumbrance is necessarily concluded. For the transaction to succeed, you will need to obtain the consent of the bank where you took the mortgage. If we are talking about the conclusion of a transaction between an individual and a legal entity, then a special contract must also be drawn up. In this case, the rights to the property shall be transferred to another person in accordance with the terms indicated in the papers. Another important point is that far from always sellers provide all the restrictions (debts, etc.). In order not to fall into the trap, contact the Rosreestr with the appropriate application and get a certificate containing all the necessary information about the property being purchased.
What to look for when buying or selling property?
If you buy a house or apartment, do not be lazy and take a certificate of USR. Despite the fact that this service will cost money, you will receive the most complete and detailed information about what restrictions are on this property. Pay attention to the fact that perhaps the apartment you are buying is on lease. In this case, its tenant will remain there until the date specified in the contract, provided that such was drawn up. Nevertheless, the tenant himself does not take any part in the process, for him everything remains as it was. The same applies to the cost of living.
Some countries have their own nuances. For example, in Germany, the tenant must give his consent to view the apartment in which he is. It is also customary to offer the tenant to buy housing and provide him some time (up to 60 days) for thought.
As you can see, everything is quite simple here. If you are afraid to do something wrong, then it is advisable to turn to experienced lawyers who are involved in resolving real estate issues. For a fee you will receive all the information you need to know. The contracts will be drawn up competently, and in the future there will be no questions.
A few important points
Many sellers and buyers forget that there may be a co-owner. For example, one of the spouses buys an apartment, even if completely for his money, in which case the property will be considered common. Of course, when buying or selling, a contract is drawn up in which the owners are indicated. Even if one of the spouses is absent in the papers, the decision is made by mutual agreement. If you are buying an apartment, both spouses must sign the contract. In principle, this rule should not be forgotten by both sellers and buyers.
It has not yet been said about this type of encumbrance as hiring. From a legal point of view, this is something like a rental. A tenant of an apartment or house receives housing not only for temporary use, but also at the disposal. If the rental period is more than one year, then a special contract is drawn up. In the future, the tenant has the opportunity to sublet the apartment. But this event is accompanied by registration, which almost completely eliminates any fraud. Agree, the burden is ambiguous. What this concept is, we already know, and now let's consider whether this restriction is necessary and when.
Burden: good or bad?
It’s hard to say for sure. On the one hand, these are various kinds of restrictions that do not allow you to perform any actions with property and real estate, and on the other hand, this is the only working method of protecting a house or apartment from scammers. Of course, the availability of contracts limits in one way or another, but this is a guarantee of the fulfillment of its obligations, for example, payment of mortgages, debt. Sometimes the owner himself can impose an encumbrance on his property. Most often, this is an arrest that completely blocks any actions (buy, sell, rent, etc.). Such measures are taken when attempting to seize real estate by intruders. By seizing the apartment, the landlord will ensure its safety until the circumstances are clarified.
Restricted Property Use
If you are an owner of an apartment with an encumbrance, this does not mean that you cannot use it for a living, that is, rent it out. In most cases, the alienation of property (its sale) is prohibited, but use is usually permitted, which is what we are talking about. It is enough to coordinate actions with the pledge holder and obtain his written consent. As has been repeatedly noted above, you can even sell such property, but a special procedure is provided for this. We have already dealt with the concept of "burden", what this concept implies. It is also necessary to know that for the transfer of property under restriction, many state organizations are involved: courts, banks, guardianship authorities, etc.
Do not forget about important rules.
I would like to say that there are situations when citizens who are registered there but do not own it live in the apartment. It is not recommended to acquire such property, because, as practice shows, residents are not evicted immediately, then you have to achieve this through the court. If incompetent or minor citizens live in the apartment, then you need to contact the guardianship authorities, since without their consent it will be impossible to conduct a transaction. It is very risky to acquire property on a rental basis, since such agreements are sometimes ambiguous and contain a lot of small nuances. It is recommended that you first learn how to remove the burden, and only then buy or sell housing.
Conclusion
So we figured out the question that interests you. As you can see, not everything is as simple as it might seem at first glance. This is due to the fact that there are several types of encumbrance, each of them has its own character, and that is why it is important to take into account absolutely all the details. If you are buying property, then carefully read the contract, visit the Rosreestr, in general, do everything to make sure the property is “clean”. If you are a seller, then indicate in the contract all the burdens imposed on the apartment, since their concealment can be fraught with negative consequences.