Nuances of the land lease agreement 2018 - 2019 - sample

Land lease agreement - sample 2018 - 2019 reflects the individual terms of a specific transaction, taking into account the interests of each of the parties involved that do not contradict the law. At the same time, most issues are regulated by the Civil and Land Codes of the Russian Federation.

Essential terms of a land lease agreement (sample)

The list of data, without indicating which in the text the contract will not be concluded and valid, is established by civil and land legislation. So, this information includes:

1. Subject of the agreement (Article 607 of the Civil Code, hereinafter referred to as the Civil Code of the Russian Federation).
2. Contract price (Clause 12, Article 22 of the Land Code, hereinafter referred to as the Land Code of the Russian Federation).

The subject of the contract must be individualized using specific data: address, area, cadastral number. The category of land and the type of permitted use are also indicated. If the information provided does not allow one to clearly identify the object of the contract, then in accordance with the provisions of Art. 607 of the Civil Code of the Russian Federation, the agreement is invalid. In the case of a land plot, it would be appropriate to attach a boundary plan or an extract from the Unified State Register of Real Estate about the property. It would be a mistake to use a site plan without describing its boundaries. The boundaries of the territory must be certified, which is confirmed by extensive judicial practice, for example, the resolution of the Federal Antimonopoly Service of the Moscow District dated 02/08/2005 No. KG-A41/74-05 in case No. A41-K1-8210/04.

As for the price, its size can be set as a fixed amount. It is also possible to agree in the contract on the algorithm for its calculation in each new period. If a change in rent is provided depending on certain conditions (for example, in the case of a centralized decrease or increase in the rent rate by the state, etc.), drawing up an additional agreement is not required, nor is state registration of changes required. This subtlety is regulated by clause 2 of Art. 614 of the Civil Code of the Russian Federation, which allows the parties to choose other forms of payment, in addition to those listed by the norm, and does not contain a requirement to fix a specific amount in the document. Resolution of the Federal Antimonopoly Service of the Moscow District dated February 20, 2004 No. KG-A40/9565-03 in case No. A40-14527/03-41-123 can be considered as an example of judicial practice on a similar issue.

Validity and state registration of the land lease agreement

1. Duration of the contract. According to the general requirements for real estate lease agreements, the term is not an essential condition in such a document, so it may not be indicated in the text. In this case, the agreement will be valid for an indefinite period. Any of the parties will be able to declare their desire to terminate the contract by warning the other 3 months in advance, unless another condition on the period of such notification is provided for by law or by agreement of the parties (clause 2 of Article 610 of the Civil Code of the Russian Federation).

   The Land Code of the Russian Federation provides for restrictions on lease periods for certain categories of land. For example, the maximum lease period for agricultural land owned by the state or municipality should not exceed 49 years (Clause 3, Article 9 of the Federal Law “On the Turnover of Agricultural Land” dated July 24, 2002 No. 101-FZ). If in the lease agreement for a land plot, for which the legislation establishes time limits, the period is not specified at all or exceeds that established by the norms, then the agreement will be considered concluded for the maximum possible period (clause 3 of Article 610 of the Civil Code of the Russian Federation).

2. Registration of contracts by government agencies. A land lease agreement requires state registration (clause 2 of Article 609 of the Tax Code of the Russian Federation). At the same time, it is established that it is necessary to record data in the Unified State Register of Land Registration on the lease of a land plot if the agreement is concluded for a period of at least 1 year (clause 2 of Article 26 of the Land Code of the Russian Federation).

How to renew a land lease agreement

1. The lease agreement can be extended by concluding an additional agreement if the document specifies a specific expiration date. In this case, it is important to specifically formulate the extension period in the additional agreement or indicate a condition for extension for an indefinite period. Phrases like “for the same period” can be interpreted ambiguously by the parties. If the contract was short-term (for example, for 11 months), then an extension for the same period implies an extension for 11 months, and not until a similar date in the next year, as many people think. It is noteworthy that in the case of extending such a short-term contract for a period of up to 1 year, state registration is not required.
2. You can initially include a clause on auto-renewal in the source document (for example, according to the rules of paragraph 2 of Article 621 of the Civil Code of the Russian Federation).

The same article gives a bona fide tenant, in the absence of restrictions in the contract or legislation, an advantage over other persons when concluding an agreement to lease land for a new term. The owner of the land plot being leased has the obligation to notify the tenant in writing of his desire to enter into such an agreement. At the same time, the terms of the initial agreement can be changed at the request of the parties to the transaction.

If the lessor refuses to renew the specified contractual relationship with the lessee, who performs his duties properly, the first, within 1 year from the date of expiration of the agreement, cannot enter into a new lease agreement for the same land plot on the same terms. Otherwise, the tenant may go to court with a claim to re-register this agreement in his name and compensate for losses (clause 1 of Article 621 of the Civil Code of the Russian Federation).

Lease agreement for part of the land plot

Clause 1 Art. 607 of the Civil Code of the Russian Federation states that land plots can be leased, like other natural objects with defined boundaries. The provisions of the Land Code of the Russian Federation complement this statement: not only plots of land, but also parts of them can act as an object of relations regulated by the land legislation of the Russian Federation (Clause 1, Article 6 of the Land Code of the Russian Federation).

• Taking into account judicial practice, in this case, the best option would be to attach to the agreement a situational plan drawn up and signed by the parties for the part of the land plot transferred for use and an area measurement report.
• Another option for such a description of the subject of the agreement can be a cadastral plan of the entire plot (graphic section) with the part intended for lease indicated on it (Resolution of the Federal Antimonopoly Service of the Far Eastern District dated August 30, 2013 No. F03-3767/13).

If the lease agreement for a part of the land plot is long-term (i.e. concluded for a period of more than 1 year), it must be registered with Rosreestr (clause 2 of Article 609 of the Civil Code of the Russian Federation). For this purpose, it will be necessary to carry out boundary work, because registration of the encumbrance of a part of the plot with a lease is carried out simultaneously with the cadastral registration of such part (clause 3 of Article 44 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”.

The absence of an appropriate boundary plan for part of the site will lead to refusal of registration (see Resolution of the 2nd AAS dated January 12, 2018 in case No. A29-5525/2017)

Subjects of the agreement: lease agreement for a plot of land between individuals and with the participation of legal entities

The Civil Code of the Russian Federation does not currently provide for any special requirements for a person appearing in a transaction as a tenant. But the Land Code of the Russian Federation in Art. 22 determines that persons without citizenship or persons with foreign citizenship may be provided with plots of land on a leasehold basis, with the exception of situations provided for by the Land Code of the Russian Federation.

The lessor can be any person - both legal and natural. The main requirement is that only its owner can rent out real estate (Article 608 of the Civil Code of the Russian Federation). Also, a person endowed with such rights by law or by the owner (for example, by power of attorney) can act as a lessor.

The main difference between an agreement with the participation of a legal entity (in the role of both a tenant and a lessor) is the need to conclude an agreement in writing, even if it is short-term (clause 1 of Article 609 of the Civil Code of the Russian Federation).

The full names of the parties are indicated in the preamble of the agreement (abbreviated names are possible below). For an individual, you must provide passport details. The representative of the legal entity presents a power of attorney, the number and date of execution of which must also be indicated in the agreement. If a representative from the organization has the right to act without a power of attorney, it is necessary to record the name and details of the document on the basis of which he carries out actions.

Termination of the lease agreement

The reasons for early termination of a land lease agreement at the initiative of the parties from the point of view of civil law are reflected in Art. 619-620 Civil Code of the Russian Federation:

1. Failure of the parties to comply with the terms of the transaction. In this case, to terminate the contract, the parties must file a claim in court.
2. Based on a 3-month notice from the initiating party, unless the terms of the agreement provide for a different period (Article 610 of the Civil Code of the Russian Federation). If, upon the expiration date of the contract, the parties have not expressed a desire to extend it, all rights and obligations of the parties under it are terminated (Article 621 of the Civil Code of the Russian Federation).
3. Based on Art. 22 and 46 of the Land Code of the Russian Federation provide for additional cases and conditions for termination of an agreement, specific to land as a real estate object. For example, clause 9 of Art. 22 of the Land Code of the Russian Federation states that the lessor can demand termination of a lease agreement signed for a period of more than 5 years only through the court and citing examples of a significant violation of the terms of the agreement as grounds for this. If the tenant has eliminated all violations within a reasonable time, then the very fact of their discovery will not be considered by the court as a basis for terminating the contract (clause 3 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 24, 2005 No. 11).

Additionally, the same article discusses other cases related to the deterioration of the fertile qualities of the land, in connection with which the lessor’s demand to terminate the lease agreement is legitimate.

Lease agreement for land plot N _________________________ _________________________ _________________________ _________________________, represented by _________________________, acting on the basis of _________________________, hereinafter referred to as the “Lessor”, on the one hand, and _________________________, represented by _________________________, acting on the basis of _________________________, hereinafter referred to as the “Lessor”, on the other the parties, collectively referred to as the “Parties”, have entered into this agreement as follows: 1. Subject of the agreement 1.1. Under this agreement, the Lessor undertakes to provide the Lessee, for a fee, for temporary possession and use of a plot of land from the lands of _________________________, with an area of ​​_________________________, with a cadastral number of _________________________, located at the address: _________________________. 1.2. The land plot is provided to the Tenant for _________________________, within the boundaries specified in the cadastral passport of the land plot, which is an annex and an integral part of this agreement. 1.3. At the time of concluding this agreement, the land plot being leased belongs to the Lessor by right of ownership, which is confirmed by _________________________. 1.4. The transfer of ownership of the specified land plot to another person is not a basis for changing or terminating this agreement. 1.5. Established restrictions (encumbrances) of the land plot, features of its use: _________________________. 1.6. On the land plot there are _________________________, belonging to _________________________ by right of ownership, which is confirmed by _________________________. 1.7. The leased property becomes the property of the Tenant upon expiration of the lease term, subject to the Tenant paying the entire redemption price stipulated by the agreement. 1.8. The Tenant's ownership rights arise from the moment of state registration of the transfer of rights. 2. Rent, redemption price and payment procedure 2.1. For the use of the land plot, the Tenant pays rent to the Lessor. 2.2. The rent is set in cash and amounts to _________________________ rubles per month at the rate of _________________________ rubles for _________________________. 2.3. The rent is accrued from the moment the Parties sign _________________________. 2.4. The rent is paid by the Tenant on _________________________, no later than _________________________ date _________________________. 2.5. The amount of rent may be changed by agreement of the Parties no more than once a year. 2.6. The redemption price of the property is _________________________ rubles. 2.7. The tenant pays the entire redemption price of the leased property upon expiration of the lease agreement. 2.8. The Tenant's obligation to pay rent terminates upon payment of the entire purchase price. 3. Rights and obligations of the parties 3.1. The Lessor undertakes: 3.1.1. No later than _________________________ from the moment of conclusion of this agreement, transfer to the Tenant the land plot on the basis of the transfer and acceptance certificate, as well as all documents related to the leased land plot necessary for its operation. 3.1.2. Transfer the land plot to the Tenant in a condition consistent with the terms of the agreement and its purpose. 3.1.3. Refrain from any actions that create obstacles for the Tenant in using the land plot. 3.1.4. Do not interfere with the Tenant’s economic activities related to the use of the land plot, unless it contradicts the terms of this agreement and the legislation of the Russian Federation. 3.1.5. Accept the land plot from the Tenant under the transfer and acceptance certificate no later than _________________________ from the end of the lease term or upon termination of this agreement for other reasons. The day of return of the leased land plot is _________________________ during the period for which the rent is calculated. 3.2. The Lessor has the right: 3.2.1. Exercise control over the intended use by the Tenant of the leased land plot. 3.2.2. Require the Tenant to fulfill obligations under this agreement. 3.2.3. For unimpeded access to the territory of the land plot for the purpose of inspecting it for compliance by the Tenant with the terms of this agreement. 3.2.4. Suspend work carried out by the Tenant in violation of the terms of this agreement and the current legislation of the Russian Federation. 3.2.5. Request early termination of the contract in the manner prescribed by this contract. 3.2.6. Demand compensation for losses if the Tenant uses the land plot not in accordance with its intended purpose and the terms of this agreement. 3.2.7. In the event of a significant violation by the Tenant of the terms for payment of rent, require him to pay the rent early within _________________________ for two consecutive terms. 3.2.8. In case of non-return or untimely return of the leased land plot upon expiration of the lease term or upon termination of this agreement for other reasons, demand payment of rent for the entire period of actual ownership of the land plot by the Tenant. 3.3. The tenant undertakes: 3.3.1. Accept the land plot according to the acceptance certificate from the Lessor no later than _________________________ from the date of conclusion of this agreement. 3.3.2. Proceed to use the land plot after signing this agreement and the acceptance certificate. 3.3.3. Use the land plot in accordance with its intended purpose, belonging to a certain category of land and permitted use in ways that should not harm the environment, including the land as a natural object. 3.3.4. Provide the Lessor with access to the land plot to monitor its use. 3.3.5. Do not violate the rights of adjacent land users (tenants, owners) of land plots. 3.3.6. Avoid actions that lead to deterioration of the quality characteristics and environmental situation on the leased land plot and adjacent territories. 3.3.7. Comply with the operating conditions of underground and ground communications in accordance with the requirements of the relevant services, freely allow the relevant services onto the land plot to carry out work related to their repair, maintenance and operation, do not occupy, including with temporary structures, corridors of utility networks and communications passing through the land plot. 3.3.8. Pay rent for the use of the land plot on time. 3.3.9. Upon termination of the lease agreement, return the land plot to the Lessor in a usable condition. 3.4. The tenant has the right: 3.4.1. Request the leased land plot from the Lessor and demand compensation for losses caused by the delay in execution, or demand termination of the contract and compensation for losses caused by its non-fulfillment if the Lessor fails to provide the leased land plot within the period specified in this agreement. 3.4.2. Independently carry out economic activities on the land plot in accordance with the purposes and conditions of its provision. 3.4.3. Demand a corresponding reduction in rent if, due to circumstances for which he is not responsible, the conditions of use provided for in this agreement or the condition of the land plot have significantly deteriorated. 3.4.4. Within the validity period of this agreement, with the written consent of the Lessor, sublease the leased land plot. In this case, the Tenant remains liable under the agreement to the Lessor. 3.4.5. Transfer your rights and obligations under this agreement to a third party, including pledging the lease rights of the land plot and making them as a contribution to the authorized capital of a business partnership or company or a share contribution to a production cooperative within the term of this agreement _________________________. 3.4.6. Subject to the written consent of the Lessor, erect buildings and structures on the land plot in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations. In this case, the owner of buildings (structures) erected with the written consent of the Lessor will be _________________________. Structures (structures) erected on the land plot without the Landlord’s permission _________________________. 3.5. Upon expiration of this agreement, the Tenant has, other things being equal, a preferential right to conclude a new lease agreement for the land plot. 4. Term of the lease agreement 4.1. The validity period of this agreement is _________________________ from the date of its conclusion. 4.2. If the Tenant intends to conclude a new lease agreement, he is obliged to notify the Lessor about this no less than _________________________ before the expiration of this agreement. 4.3. When concluding a lease agreement for a new term, its terms may be changed by agreement of the Parties. 4.4. If none of the Parties, after the expiration of the contract, declares its termination, the contract is considered renewed on the same terms for an indefinite period. 5. Responsibility of the parties 5.1. In case of non-fulfillment or improper fulfillment of their obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation. 5.2. The Lessor is liable to the Lessee for shortcomings of the leased land plot that completely or partially prevent its use, even if at the time of concluding this agreement he was not aware of these shortcomings. 5.3. For late payment of rent, the Tenant shall pay the Lessor a penalty in the amount of _________________________% of the amount owed for each day of late payment. 5.4. In case of use of the land plot not in accordance with the terms of this agreement or the intended purpose, the Tenant shall pay the Lessor a fine in the amount of _________________________ times the monthly rent and compensate for all losses caused by this (actual damage). 6. Grounds and procedure for changing and terminating the contract 6.1. All changes and additions to this agreement are formalized by additional agreements of the Parties in writing, which are an integral part of this agreement. 6.2. At the request of the Lessor, this agreement may be terminated in court in cases where: 6.3. The Lessor has the right to demand early termination of the contract only after sending the Lessee a written warning about the need to fulfill his obligation within a reasonable time. 6.4. At the request of the Tenant, this lease agreement may be terminated in court in cases where: 7. Dispute resolution procedure 7.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the Parties. 7.2. If the Parties do not reach an agreement, disputes will be resolved in court in accordance with the current legislation of the Russian Federation. 8. Final provisions 8.1. This agreement has been drawn up in two copies having equal legal force, one copy for each of the Parties. 8.2. This agreement comes into force from the moment of its signing and is valid until _________________________. 8.3. Statements, notices, notifications, demands or other legally significant messages with which the agreement associates civil law consequences for the Parties to this agreement, entail such consequences for this person from the moment the corresponding message is delivered to the Party or its representative. Legally significant messages are subject to transmission by: The message is considered delivered even in cases where it was received by the Party to whom it was sent, but due to circumstances depending on it, was not delivered to it or the Party did not familiarize itself with it. 8.4. In all other respects that are not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation. 9. Details and signatures of the parties Lessor _________________________ _________________________ M.P. Tenant _________________________ _________________________ M.P.

Each owner of a land plot has the right to transfer it for temporary use and possession to third parties for a fee. Moreover, the plot itself is the subject of a lease agreement, and therefore should not be prohibited for circulation.

Renting a plot is one of the most common and effective forms of land use.

There are many reasons to rent a plot, for example: to organize a farm, run a subsidiary or dacha farm, develop agricultural production (applies to the use of agricultural land).

But the most popular purpose and reason for renting a plot is.

The main document for the construction of any building, be it a residential building, a garage, a production workshop or a store, is the right to use the land. And then you can begin processing the remaining permits: for the start of construction, registration of the right to the finished object.

Lands previously provided to legal entities on the right of free (indefinite) use can then be leased to them.

Any purpose for using the site must be related to its category And permitted use.

Thus, the construction of a residential building or commercial building on lands intended for agricultural production is not allowed; in this case, both the category and purpose of the land plot will have to be changed (in accordance with the established procedure).

The agreement is the main document of title between the landlord and the tenant.

This is also the most common and profitable form of organizing the economic process and construction of facilities, since rent is significantly lower than property taxes.

The right to use the site may be lost if the tenant does not comply with the terms of the agreement, or the agreement is invalid.

Procedure for drawing up a contract

The agreement is drawn up as a single document, in writing.

Agreement concluded for a period of more than a year, is subject to registration with the bodies of Rosreestr and comes into force from the moment of such registration.

Failure to comply with the form of drawing up the contract and registration entails its invalidity.

The maximum rental period for a land plot is 49 years old(for example, for agricultural land), however, the agreement then may be extended.

Depending on the legal status of the land plot and the entity of the owner, the mechanism for drawing up the contract differs.

To formalize the lease of land that has passed cadastral registration between owner organizations or citizens, it is necessary to agree on all conditions, sign an agreement and an act of acceptance and transfer of land.

It is much more difficult to register plots owned by municipalities or the state. Essential provisions of this order have entered into force from March 1, 2015

The lease agreement for such plots is concluded at auction, in the form of an auction, except for certain cases established by the Land Code, such as:

• concluding an agreement on the basis of a presidential decree or an order of the governor of a constituent entity of the federation;
• use of the site for housing construction;
• creation of a farm, agricultural organization for dacha farming,
• gardening or gardening;
• construction of economy class housing;
• construction of housing and personal subsidiary plots for citizens;
• for work related to the use of subsoil;
• for a resident of a special economic zone or a management company;
• if there are unfinished construction objects on the site.

Lease terms vary depending on the purpose of use of the site. from 3 to 49 years.

The procedure for providing a site provides:

1. Preparation.
2. Submitting an application for preliminary approval of its provision.
3. Making a decision to approve the provision of a site.
4. Carrying out cadastral work to create a site.
5. Implementation of the site.
6. Submitting an application for transfer of land.
7. Registration of rent.

Essential terms of the agreement

A lease agreement that lasts more than a year must be registered, and therefore the land plot must be described indicating individual characteristics.

The subject of the lease is the land plot itself. Its detailed description is an essential condition of the contract, and it must contain the exact location of the site, area, cadastral number.

Judicial practice indicates the need to include in the contract the cadastral number and other information that allows identifying the land plot. In the absence of such data, the contract is considered inconsistent and not concluded.

Usually the document states rental duration, if it is not specified, then the contract is considered concluded for an indefinite period.

When a site has encumbrances related to the rights of third parties (easement, right of lien), the owner is obliged to notify the tenant about this, and he does not have the right to terminate or make changes to the encumbrances.

Determining the boundaries of a land plot

The plot can be leased if it is registered in the cadastral register, which requires land surveying With determining on the ground the geographical points of its boundaries.

A special procedure is provided for determining the rent for state and municipal lands, which is established by the relevant authorities based on the following principles:

• economic feasibility, that is, the profitability of the land plot;
• predictability, ease of calculation;
• non-deterioration of the economic condition of land users.

If the right to conclude a lease agreement for a plot of land was obtained at an auction, then the fee for use is determined based on the results of these auctions. The frequency of rent changes is established by the contract.

Video: Land lease

It describes the conditions for providing land plots for use, in accordance with the latest changes in the legislation of the Russian Federation. Advice is given on how to resolve difficult situations when concluding a land lease agreement.

Irina Samoilova

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Land is not a cheap pleasure, so many have to be content with renting and only hope to receive ownership of the land. Let's find out what are the features of a land lease agreement and what the tenant needs to know. Below you can download a sample land lease agreement.

Photo from Flickr.com/Kurt Bauschardt

The procedure for concluding a lease agreement for a land plot depends on who the lessor is: a private person or an authorized body of a municipal entity of the Russian Federation. So-called public property requires a special bidding procedure before signing a contract. For municipalities, leasing land is one of the main types of income. A significant feature of such agreements is that the payment for the plot is determined by legislative acts at the local level, taking into account the Decree of the Government of the Russian Federation concerning methods for calculating rent for public land plots.

Basic requirements for a land lease agreement

1. Land is classified as real estate, and therefore the right to lease for a period of more than 1 year is registered with justice. Regardless of the period, Rosreestr enters information about the lease agreement for forest areas.
2. The parties must agree on the subject of the lease - the plot. Determine the area, boundaries and other characteristics. All data is available in the cadastral passport.
3. Indicate the period during which the relationship will be valid.
4. An agreement without specifying the rental price is considered not concluded.
5. The title documents for land are:

• certificate of ownership;
• an act of a state authority or local government on the provision of ownership of a plot or on the granted right to dispose of the land;
• cadastral passport.

What nuances need to be taken into account when signing a land lease agreement?

1. The tenant should pay attention that if the plot is in shares, it will be necessary to obtain the written consent of everyone with a confirming signature of a notary. The spouse must also agree in writing to rent out the common property.
2. If the contract specifies a plot area larger than the documents for it, the lessor company may be held administratively liable, citing squatting of unowned acres and unlawful profit-making.
3. The agreement specifies the type of permitted use of the land, for example, for low-rise housing construction. It cannot be changed after the lease agreement has been concluded. The parties may provide for several types of intended use of the site in the contract. Read more about the purpose of the site in our article.
4. The price for renting public lands is determined taking into account the cadastral value. If the tenant thinks that the payments are excessive and the cost of the plot is too high, he can file a lawsuit to change the cadastral value. In this case, rent for new periods will be recalculated at new rates.
5. Termination of relations is possible in case of gross violation of the terms of the Agreement by one of the parties. Irrational use of land is another reason for the owner to terminate the relationship. Before terminating the agreement, the party must notify the counterparty of such intention. The notice period specified in the text of the contract is arbitrary. The total period is 30 days.

• If you are renting a property that has a building on it, find out who the owner of the building is. By law, the owner of the property has a preferential right to lease. The same privilege is granted to former tenants. So, be careful, maybe you are occupying someone's land.
• The lease right can be pledged or contributed to the authorized capital. The main thing is to notify the landlord.
• The need to notify the lessor also applies to cases of sublease of land.
• You can enter into a lease agreement with the right to subsequently purchase the land. In this case, the purchase price must be indicated in the contract. The owners of buildings on the site are the primary buyers. In addition, if you violate the terms of the contract and do not pay the rent on time, you will be denied a buyout.
• Typically, municipalities use standard contract forms. Please read carefully before signing such a deal.
• If the parties want to supplement the agreement or clarify points, they have the right to draw up an additional agreement. Attention - it follows the fate of the main agreement; if the latter requires state registration, then so does the agreement.
• The main advice for tenants is to avoid clauses where it is indicated that the owner can change the terms of the contract or rent unilaterally.

Renting land plots is a common way for owners to receive income from their acres. It is important for tenants to remember that challenging an agreement that has already been signed and agreed upon by the parties is difficult and troublesome. Therefore, it is better to immediately foresee all the nuances and pitfalls and ask a lawyer to analyze the text of the agreement proposed for signature.

A land lease agreement is used in cases where the owner of the land transfers it for use to the tenant for a certain period. It should be noted that any products recovered during the use of this site will be considered undisputed property of the tenant.

The lease can be short-term or long-term. Any plots belonging to ordinary citizens, enterprises and even the state can be leased.

How to draw up a contract correctly?

When drawing up a land lease agreement, special attention should be paid to the rights and obligations of the parties, since these are the clauses that regulate the actions of the parties, failure to comply with which may result in the agreement being terminated early. The contract must reflect the following points:

• Title of the document;
• date of drawing up the contract;
• detailed information about the parties entering into the agreement (full names of the participants, postal address and passport details (for individuals), name of the organization, form of ownership, details (for legal entities));
• plot, address, presence of buildings, which one it belongs to;
• lease duration (by law cannot exceed 50 years, in most cases it is for 1-5 years);
• payment for rental services (the amount, monthly or annual, the payment procedure is established, compensation in case of defaults and inflation is separately discussed);
• for what purpose the land will be used;
• conditions for early termination of the transaction;
• information about various restrictions and encumbrances, if any (the land may be mortgaged to a bank, seized for debts, etc.);
• responsibility of the parties.

Subject of the agreement

The land lease agreement must contain detailed information so that if an emergency arises, you can be sure identify a specific area.

Data that must be reflected in the document:

• exact address of the site;
• plot size;
• situational plan of the site;
• detailed description (existing plantings, buildings, other details).

In other words, any information that allows one to uniquely identify the relevant area is required.

Essential conditions

Based on the previous paragraph, the only essential condition of the document is its subject, that is, the land plot(all details relating specifically to this site).

Another essential condition of the land lease agreement is term. It may not be specified in the contract, and then the contract is considered to be concluded for an indefinite period, however, an agreement must be reached between the parties on this point. The renewal of the contract is carried out almost automatically, that is, if all the terms of the contract are met, the tenant has a pre-emptive right and continue to use the site under the agreement.

If at least one clause of the essential terms is not fixed in the contract, then by law this may serve as grounds for termination of the transaction.

The procedure for using land and possible restrictions

The transfer of ownership under a lease agreement may have various restrictions containing the following points:

• prohibited or alienated to third parties;
• it is prohibited to change the primary purpose of the land plot, alter, demolish or perform any other actions in relation to buildings located on its territory;
• there may be certain conditions recorded in the document (build a building on the site);
• Conditions for compliance with certain environmental requirements and for carrying out work to protect animals or plants located on the territory of the leased land may be prescribed.

Certain restrictions may be imposed due to the fact that various special zones may be located on the land plot - security, sanitary, special regime for use of the site, etc.

Procedure for making rental payments

For the use of the land plot, the tenant must regularly transfer funds to the owner of the land on the basis of a special clause provided for in the agreement. There should also be the amount of compensation and penalties in case of late payment or missed deadlines has been determined.

Between individuals, payment must be made on agreement of the parties, if the owner of the land is a state land fund, then this issue should be regulated by the Tax Code of the Russian Federation.

If the concluded agreement, by decision of the courts, is considered to have no legal force or invalid, then in this case all funds received by the owner of the land before such a decision will be considered property of the lessor and are not returnable.

An agreement concluded by individuals, by mutual agreement of the parties, may provide payment for rent of any product or service provided to the owner of the land plot. This rule does not apply to state and communal lands.

You should also know that the rent of land owned by the state must be paid only in cash.

Grounds for termination

Reasons why a land lease agreement may be terminated:

1. If the drawn up clauses of the agreement are not fulfilled by any of the parties.
2. If, due to various external circumstances, the clauses of the contract have lost their relevance.
3. Development of a site other than for its intended purpose.
4. If sufficient damage has been caused to the soil of the land as a result of the use of harmful chemicals and the tenant's refusal to correct the situation.
5. No work is carried out on the site for a certain period of time stipulated by the contract.
6. If there are gross violations of sanitary standards, resulting in changes in the soil and ecology of the area.
7. If the land plot is withdrawn or requisitioned for municipal or state needs.

Based on these points, the contract can be terminated, but subject to material compensation to the land owner (this issue is considered separately).

State registration of the contract

The concluded agreement is subject to registration in. This can be considered the final step in the execution of the contract. Below is a short step-by-step plan for performing this procedure.

1. Prepare a package of documents for submission to Rosreestr. Mandatory minimum: application, passport, lease agreement.
2. Pay the fee. The amount varies from 200 to 15,000 rub. and depends on the purpose of the land (and others), the status of the one who enters into the agreement (legal entity or individual).
3. Submit documents in any convenient way: on the Rosreestr website or by phone.
4. Get a rental agreement with a stamp confirming the successful completion of the procedure.

Samples of land lease agreements for different cases

Below you can download free sample contracts drawn up for various situations.

Sample land lease agreement between individuals

This document regulates the relationship between the tenant and the landlord.

Key points:

1. By signing the agreement, the parties automatically enter into a legal relationship regarding the lease of the land plot.
2. The tenant will pay for the use of the land for his own purposes specified amount including tax.
3. Violation of any clauses of the contract by the tenant entails penalties in the form of penalties. Failure to comply may result in legal action.
4. The owner of the land has the right to inspect the condition of the site, change the amount of rent, but only once a year.
5. The tenant has the right to use the plot and dispose of the harvest at his own discretion.
6. If a tenant improves the quality of the land or develops new territories, the owner must reimburse him for expenses.
7. The tenant must not allow the quality of the land to deteriorate.
8. The tenant may or, but only with the permission of the land owner.

Sample free contract

Based on civil law, a land plot can be transferred to a tenant for free use, that is, there is no payment for the use of land.

Typically, such conditions involve a short period of use, so most often the document indicates a specific date when the land must be returned to the owner.

In addition, the contract must reflect:

• the size of the plot and its exact location;
• category of land;
• cadastral number required to identify the site;
• type of permitted use.

More details about the essential terms of the land lease agreement in the video

What to do if the land plot does not have a cadastral number? Will the lease agreement for such a plot be valid and legally binding? Oleg Sukhov answers.