How to divide common shared ownership of a land plot
Content
It happens that the land belongs not to one, but to several people. And then they say that the land plot is in common shared ownership, with a certain share of each owner.
The concept of common shared ownership
The idea of common shared ownership of a land plot and transactions with it are discussed in Chapter 16 of the Civil Code of the Russian Federation, in the Land Code, in Federal Law No. 101 of July 24, 2002 and in other laws.
According to the definition given in Article 244 of the Civil Code of the Russian Federation, if property (including a land plot) belongs to several people, then they own it by right of common ownership.
The right to common shared ownership of a land plot arises in the following situations:
- when transactions are concluded when purchasing land;
- when the rights of the heir are formalized;
- after the privatization of the allotment;
- when the deed of gift is drawn up;
- a house or other building is being built together;
- farming or farming is carried out jointly.
A land plot in common ownership may refer to:
- agricultural lands. They are used for arable land, pastures, gardens, vineyards, and other purposes provided for by the Land Code;
- territories of populated areas. They can be used to build residential buildings, including apartment buildings, as well as cultural and community facilities.
Read more >> How the allocation of a share in kind occurs in a private residential building .
In this case, the property can be:
- shared - if everyone’s shares are determined;
- joint - if not defined.
Most often, common property is already shared property. If this is not the case, then citizens can enter into an agreement and recognize it as a share, or apply for such recognition to the court.
The procedure for allocating a plot from the total share
According to the law, citizens have the right to demand the allocation of shares in the form of a land plot or its division:
- convening a general meeting of participants in shared ownership;
- having allocated your plot yourself by concluding an agreement with a cadastral engineer.
Let's consider the general procedure for allocating a share:
- We order a land surveying project from a cadastral engineer.
- We organize a meeting. It can be proposed either by the shareholder himself or by a local government body, for example, a village council. In order to convene shareholders, a message is drawn up that can either be published or sent to everyone by mail. This message must include:
- when and what time the meeting is held;
- location;
- where you can view documents on the issues discussed;
- land surveying project;
- contact details of the survey customer;
- information about the cadastral engineer;
- the address where to send proposals for finalizing the land surveying project, and within what time frame they can be sent.
- We are holding a meeting. The decision of such a meeting is valid if at least 20% of the co-owners, or people owning more than half of all shares, came. On the day of the meeting, they must have a passport and documents confirming their rights to the land. Next, an open vote is held, and if the decision is supported by the majority (quorum), then it is considered adopted. It is also considered approved if the owners with more than 50% of the shares vote in favor.
- The cadastral engineer draws up a conclusion on the absence of objections and carries out cadastral work. Land surveying is carried out according to the project. As a result, a boundary plan is created.
- We contact Rosreestr and register ownership of the land.
After accounting and registration, the owner can receive an online extract from the Unified State Register for any property.
List of documents
In order to register ownership of a land plot, in addition to filling out an application (the form can be downloaded on the website), it is necessary to collect documents in which:
- the right to the original land plot has been established;
- there is confirmation that the land surveying project has been agreed upon (certified minutes of the meeting).
Read here >> Package of documents for selling a house or part of it .
In addition, you need to present your passport, and additionally a power of attorney to the representative. The entire package of documents can be taken independently to the Rosreestr branch, to the MFC, or given to an authorized person when he carries out an on-site reception. Documents can also be sent by mail or electronically through the Rosreestr website.
Accounting and registration of rights will be carried out within 10 days as soon as they arrive at Rosreestr; if they were sent through the MFC, then you need to wait no more than 12 days. Messages about the status of the request may be sent to your email or phone number.
Payment of duty
The land plot is registered after payment of the fee. You don’t have to provide a receipt for its payment - employees of the registering organization check the availability of payment through the GIS GMP. But if it does not contain information about its payment within 5 days after the documents are submitted, all documents will be returned without even being examined.
The amount of state duty for registering rights to a land plot of agricultural land is 350 rubles.
Legal registration
Competent, from the point of view of the law, documentation will allow you to easily register the newly formed site with Rosreestr. But not all people know what documents need to be collected, and often do not provide the required ones or prepare completely unnecessary ones in this case.
We will help you collect all the necessary documents, advise on controversial issues, explain in detail the procedure for allocating a share from the common property, and consider the nuances that relate specifically to your situation - ask for help .
The cost of services starts from 3 thousand rubles - for this little money you will save your nerves, money and time, and also get a guaranteed result.
Peculiarities of operations with common property
During privatization (before Federal Law No. 101 of July 24, 2002 came into force), citizens acquired rights to the lands of disbanded collective and state farms as the joint property of shareholders.
Each of them began to own a land share or share in an agricultural land plot. A land share differs from a plot in that its location is not determined, although the documents contain data on its size.
All participants in common ownership have the right to:
- allocate a land plot from the total share of property;
- carry out its purchase and sale;
- to rent;
- exchange your share for another, located on another farm;
- give it away;
- transfer into a life annuity or maintenance;
- refuse it or bequeath it as an inheritance.
In addition, the owner can transfer the land plot into common shared ownership into a mutual fund or SPK.
Buying and selling
The shareholder has the right to purchase and sell a plot of land in common shared ownership (CHP). But at the same time, he must remember that other shareholders have the right of first refusal.
Before selling the land, he must inform all shareholders that he is going to sell his share. The text of the notice must indicate both the price and other terms of sale. If the co-owners do not buy his share within a month, then the seller can sell it to any other person.
If all shareholders write a refusal of their pre-emptive right, then the shareholder can sell his share before the end of the month after the notification.
The preemptive right does not apply if the sale is carried out through a public auction, or the shareholder sells the premises or part of the building belonging to him on common land.
Division, transfer, termination
To find out how to divide the common shared ownership of a land plot, you first need to determine the share of each shareholder. These shares are usually specified in the agreement. But if the shareholders cannot come to a consensus on how and under what conditions to make the division, then the only legal basis for this will be a court decision.
Often controversial situations arise around the issue of dividing a house and a plot of land. The division in this case should be carried out according to the following algorithm:
- To begin with, it is worth resorting to the help of BTI to get a conclusion whether it is possible to carry out the separation at all. In addition, you need to demarcate the area and collect documents that reflect the demarcation.
- Obtain a technical passport from the BTI.
- Contact Rosreestr to deregister the old plot and register 2 new ones.
- Register the rights to the resulting plots and parts of the house in Rosreestr.
The owner has the right to transfer a plot of land into shared ownership of the agricultural organization that uses this plot. At the same time, he becomes a member of this organization and acquires a share in its share capital.
The shareholder may waive the right to his share. To do this, just submit an application to Rosreestr. Termination of shared ownership of a plot of land begins from the day Rosreestr registers the termination of this right.
At the same time, the local executive authority has the right to this share. Within 6 months from this date, he has the right to sell a share of the joint venture or peasant farm.
These organizations have the right to buy it at the following price:
15% x K.S. x S , where K.S. - cadastral value of 1 m 2 of a given land plot, S - its area.
Donation
It is not easy to draw up a deed of gift, that is, an agreement that allows you to transfer the same land plot to any person free of charge and of your own free will, without the professional help of lawyers and notaries. We are ready to provide professional legal assistance at any stage of registration of a land plot, including when drawing up a gift agreement.
When registering a donation, the consent of other shareholders is not required. Also, their pre-emptive right, which applies when purchasing a plot, does not apply.
Rent
At a general meeting of shareholders, the terms of concluding a lease agreement for a territory in common ownership may be considered.
At the same time, those who disagree with the transfer of the leased land plot of common shared ownership to one or another lessor for use can allocate a plot of land to account for their share and dispose of it at their own discretion.
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