Russia (bbabo.net), - Restrictions on ownership of real estate are not common, but can be a reason to refuse a sale and purchase transaction. Rosreestr told what an encumbrance is, what types of encumbrances are and whether it is possible to find out about their presence.
An encumbrance is a type of restriction of ownership of a house, apartment, land or other real estate.
Whether there are encumbrances on a particular object, you can find out by receiving an extract from the Unified State Register of Real Estate (EGRN). It indicates information about the presence of an encumbrance, its type (for example, rent or mortgage), the period for which the encumbrance is established, the person in whose favor it is established. If there are no encumbrances, then "not registered" is indicated.
The most common type of encumbrance is a mortgage. Until its full payment, the property is pledged to the bank. And without the consent of the creditor, a transaction cannot be made.
Nevertheless, with the written consent of the bank, you can buy an apartment that is in a mortgage. The new owner takes the place of the previous mortgagor and bears all obligations to repay the loan.
After the mortgage is repaid, the owner independently (by requesting a mortgage from the bank) or through the bank submits documents to Rosreestr and the mortgage entry in the USRN is deleted.
Another equally common encumbrance is arrest (a ban on registration actions). The arrest of property means that it cannot be disposed of in any way: it cannot be sold, leased, bequeathed, or donated. Information about the arrest of the apartment is displayed in the extract from the USRN. There can be many reasons for seizing real estate: debts, division of property in a divorce, a dispute over property rights.
To remove the arrest, you need to find out who and under what enforcement proceedings seized the property. In the future, for example, you will have to pay debts, and then apply to the bailiffs with a statement to terminate the enforcement proceedings and cancel the arrest. The bailiff will send the information to Rosreestr and the arrest record will be canceled within three working days from the date of receipt of the documents.
The owner of real estate can apply to Rosreestr to remove the arrest on their own, attaching a copy of the document on the abolition of interim measures (for example, a court decision or bailiffs). In this case, Rosreestr itself will request documents from the bailiff service.
The third type of encumbrance is rent. Under a lease agreement, ownership of the property passes from one person (usually elderly and in need of care) to another, who assumes the obligation to maintain the former owner for life. This may be a life annuity agreement or life maintenance with a dependent. As a result, an encumbrance is registered on the property. Such housing can only be disposed of with the prior consent of the recipient of the rent.
If housing with such an encumbrance is sold, then the buyer not only becomes the owner, but also assumes all obligations for the maintenance of the recipient of the rent.
A number of encumbrances are difficult to detect, since they are not indicated in the extract from the USRN, the Rosreestr notes.
It may turn out to be an unpleasant surprise if it turns out that a person who previously refused to privatize this apartment is registered in the apartment. By law, he has a lifetime right to use housing. To protect yourself when buying, you should ask the seller to provide an extract from the house book, which lists all citizens registered in the housing.
In addition, if the apartment was inherited by will, it may contain an obligation for the heir to grant another person the right to use the apartment (residence in it) - the so-called testamentary refusal. Therefore, if the seller received an apartment by inheritance, it is worth finding out and familiarizing yourself with the will.
You should also pay attention to whether maternity capital was used when buying a home. In this case, the apartment must be re-registered for all family members (parents and children) and cannot be sold without the permission of the guardianship authorities. You can find out information about the shares of owners in an extract from the USRN. It is also worth asking the seller for permission from the guardianship authorities and a certificate from the Pension Fund on the balance of funds on the maternity capital certificate.
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