The considerable quantity of ground swindles is annually made. In set of ground swindles which are made in Ukraine, both parties are involved: bypassing the legislation operate both the seller, and the buyer.
But besides the aforesaid, there is a number of swindles owing to which, the buyer of the parcel remains without the earth and without money.
Schemes with entering of the earth into authorised capitals of joint ventures, clearing of debts by cession of rights of the landed property which at the market cost makes the debt sum are widespread. Also there is a resale of the property rights to the earth on second time, so-called sale by “the second floor» when there is a yielded state certificate of the old sample without cadastral number and the state certificate of the new sample.
The lawyer of company DLL TOP Consulting Alexander tells Malt:
– One of my clients last year has addressed to me with such problem: Arcady Petrovich has bought the earth under motor show construction and as it has appeared later, the parcel already was in another’s property. And such cases the large quantity is.
There are examples when the buyer gets not that parcel which has been offered it by the seller initially and receives on hands the state certificate of other lot. But it at all swindle, and a carelessness and a negligence of the buyer. Further, the buyer can be limited in realisation of the plans concerning construction on the parcel or have restrictions on its use.
Alexander Solod considers, that in the ground market the scheme of simultaneous reusable sale of the same parcels has got accustomed. The situation with resale of the property rights on second time takes place there where there are yielded state certificates of old samples without cadastral numbers and new state certificates.
Especially sharply the situation is observed in Obuhovsky neighbouring commune of the Kiev area where practically there is no cadastral information of that with certain periodicity computers with the zemelno-cadastral information have been stolen. Now each transaction which is passing in this neighbouring commune on sale of the earth, bears the big risks.
To protect itself from risks at purchase of the parcels, according to lawyers DLL TOP Consulting, it is necessary to make legal examination that will give the chance to define all possible consequences connected with purchase of the parcel. Further, it is necessary to carry out the analysis of the town-planning documentation in more details to learn about possibilities of use of a lot. Also it is not necessary to “rush” on earth undercharges as it can be a trap of speculators.
In any case, it is necessary to be very attentive at purchase of the parcel of any appointment – as commercial, and under house construction. It is necessary to read attentively, instead of to look through the purchase and sale contract as any missed trifle, can lead to undesirable consequences: to loss of money, restrictions in lot use, to claims of the third parties for the property right etc.