Dezmembrarea unui teren

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Sunt multe situatii in care dintr-un teren mai mare se vinde numai o parte. Procedura de urmat intr-o asemenea situatie este urmatoarea:

  1. Se stabileste clar care parte a terenului urmeaza sa fie vanduta. Ideal este ca aceasta intelegere sa fie transpusa intr-un desen de un cadastrist autorizat, care dupa ce realizeaza masurarile necesare, propune dezmembrarea in doua loturi. In acest fel sunt evitate posibilele neintelegeri intre vanzator si cumparator in privinta suprafetei si formei terenului ce face obiectul vanzarii;
  2. Se semneaza un antecontract la notar, in care se stabilesc pretul, avansul si data limita pentru semnarea contractului final de vanzare-cumparare. Planul cadastristului se constituie in anexa la antecontract.
  3. Cadastristul avizeaza la oficiul de Cadastru si Publicitate Imobiliara (OCPI) propunerea de dezmembrare (cele doua loturi). Cele doua loturi vor primi doua numere cadastrale diferite. Acest aviz este valabil un an. Daca vanzarea nu se realizeaza in acest interval de timp, terenul isi reia vechiul numar cadastral.
  4. Cu planurile avizate de OCPI, proprietarul (proprietarii) terenului semneaza la notar Actul de dezmembrare (i se mai spune si „de dezlipire”).
  5. Notarul face inscrierea la Cartea funciara a Actului de dezmembrare. In felul acesta, cele doua loturi devin entitati independente, putandu-se instraina separat.
  6. Biroul notarial cere extrasul de carte funciara pentru lotul care urmeaza sa se vanda.
  7. Se semneaza contractul de vanzare-cumparare.

Dupa cum se poate vedea, procesul de vanzare a unei parti dintr-un teren necesita timp. Termenele la Cartea funciara sunt destul de lungi, iar „la urgenta” taxele sunt prohibitive (ce cinci ori cat cele standard). Acesta este motivul pentru care vanzatorul si cumparatorul trebuie sa fie foarte atenti la termenul pe care il stabilesc la antecontract pentru data limita a finalizarii tranzactiei.

Nici costurile acestor operatii nu trebuie neglijat. Sub aspect legal, ele cad in sarcina vanzatorului dar, daca partile convin alfel, aceste costuri pot fi incluse in pret. Nu se poate pune in sarcina cumparatorului sa suporte cheltuielile de dezmembrare. Nici cadastristul si nici notarul nu-i va elibera lui factura pentru plata, ci numai celor in drept, adica proprietarului terenului.

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