It should be noted that in theoretical and practical respect of the rights of ownership, use and disposal of immovable property are different from the rights of possession, use and disposal of movable things. This is due to the fact that the use of immovable property to a greater extent than the use of movable things affects the interests of legal entities. in addition, real things compared to movable things, as a rule, have a higher cost. The main feature of the legal regime in respect of immovable things is a specific order of occurrence, change and termination of right of ownership and other rights to real property, as well as the special requirements of real estate transactions.
As a rule, speaking about the property, I mean, first of all, various residential and non-residential premises, land plots.
However, in accordance with the rules of civil law to real estate also include some types of vehicles (aircraft, ships).
Article 132 of the Civil code The Russian Federation as a special object of property rights is allocated to the enterprise as the property complex used for entrepreneurial activities. The enterprise as a property complex includes all kinds of property intended for its activity, including land plots, buildings, constructions, equipment, inventory, raw materials, products, claims, debts, and also rights to designations individualizing the enterprise, its products, works and services (firm name, trademarks, service marks), other exclusive rights.
For registration of the ownership rights of the legal entity (transfer of ownership) to real property arising on the basis of civil law contracts (e.g. sale and purchase, exchange, donation) the following documents are required:
- A document confirming payment of the state fee for registration.
- Power of attorney (the head of the organization is a passport, a copy of the Protocol on the appointment or discharge).
- Agreement (or copy third original copy, checked the original).
- A document confirming an earlier registered right of ownership of the object.
- Protocols of General meetings of the organizations – participants of the transaction on the appointment of the Director (General Director) or an extract of them.
- The minutes of the General meetings of each of the transaction parties with the decision on the transaction or an extract of them.
- Certificate of value of the subject of the transaction as a percentage of the book value of the assets or of the property value under the accounting reporting for the last reporting period preceding the date of the decision.
For the description of an entity, organization, registered the right of ownership of the property following documents are required:
- Map registry organization.
- Certificate of state registration of a legal entity.
- Certificate of registration of changes in constituent documents.
- The Charter and the constituent contract with amendments and additions.
For the description of the property must provide:
- Map real estate register.
- An extract from passport BTI.
- Floor plan.
I offer the following types of legal assistance:
- Legal advice on all matters real estate, including matters relating to the registration of property rights to immovable property.
- Legal expertise of documents, agreements, concerning the transfer of rights to immovable property.
- Drafting contracts (purchase-sale, exchange, gift, lease, equity participation in the construction, etc.).
- Collecting all necessary documents for registration of ownership rights to immovable property.
- Participation in negotiations on all issues of real estate, check out for the transaction.
- Support of transactions with real estate.
- Obtaining extracts from the unified state register, obtaining documents from TBTI.
- Assistance in state registration of real estate transactions in the Management of service for state registration, cadastre and cartography.
- Obtaining the certificate of title.
- Representation in court on disputes related to real estate.
- Section of real property, the allotment of shares.
- The recognition of real estate deals invalid.
- Termination of the contract.