How to divide a plot of land with a house into two parts and register it separately?

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The division of land plots involves their technical and legal differentiation into two or more land use objects. The procedure is carried out both in conciliation - with the consent of the owners, and in court. The process is necessary when a land plot has two or more owners and it is technically possible to divide the property in kind, to provide for each user a separate plot, with cadastral data. The procedure for dividing land is specified in Art. 11.2, 11.4 Land Code of the Russian Federation.

The maximum and minimum sizes of plots are determined on the basis of the Town Planning Code of the Russian Federation, development plans and local acts. To divide the land into two owners, including by shares, it is necessary to carry out land surveying. The procedure is entrusted to a cadastral engineer from a licensed organization. The work is carried out under a contract, indicating specific deadlines for completing the land survey and defining the boundaries of newly formed objects.

IMPORTANT: If a plot has signs of being indivisible, then it is not possible to divide it either judicially or voluntarily. Find out more about undivided land in a separate publication.

Note: A specialist establishes the boundaries of land plots using special equipment and in the presence of property owners, as well as neighbors of adjacent plots. According to the Land Survey Instructions dated 04/08/1996, which is still in force today, representatives may be present by proxy during the procedure for determining and clarifying the boundaries of plots.

The cadastral engineer draws up a drawing, an act of determining the boundaries, which must be signed by the owners of the newly formed objects and (or) their legal representatives. The cadastral passport will be a mandatory document for submission to all possible authorities.

The concept and procedure for dividing a land plot

The concept of a land plot means a part of the earth's surface of a certain size and purpose, the boundaries and types of which are fixed in accordance with the current legislation of the Russian Federation. Land can be state, municipal or privately owned, and used individually or jointly.

The concept of municipal property means that land belongs to administrative bodies and others. The concept of private property provides for the ownership of a plot by an individual with certain rights to this plot, which were provided for by the Land Code of the Russian Federation.

The division of a land plot is a special legal procedure in which several smaller territories for agricultural and other purposes are formed from a single plot of a certain size. The division of a land plot between the owners assumes that they will jointly have a preferential right of ownership to the resulting plots, while the original plot will cease to exist.

The procedure for dividing a single plot of land for agricultural or other purposes includes several stages.

The first is the implementation of all necessary land management work:

• land surveying;
• coordination of boundaries;
• drawing up and registration of land management records;
• expertise;
• establishing land use procedures;
• documents receiving.

The examination is carried out by a private or municipal organization by examining the site and its boundaries.

The next step will be registering the site with the relevant authority and obtaining supporting documents. If not all papers have been submitted, the applicant may be refused.

Next, an agreement on division of the plot is drawn up, or a court decision is provided. After new land plots for agricultural or other purposes are allocated for further use, they should also be registered with the relevant government agencies.

The final stage will be the preliminary justification, registration and registration of ownership and land use rights for new land plots, as well as obtaining the appropriate certificate.

Who is the defendant when dividing land in kind?

As a rule, the right to use a land plot arises among a married couple or between family members after the privatization of the land plot. In some cases, such division is possible in the event of a dispute between persons who are not related to each other, for example, between two gardeners or co-owners of a two- or three-apartment building with isolated entrances.

According to the provisions of Art. 252 of the Civil Code of the Russian Federation, any owner of such real estate can declare his desire to divide a land plot. Thus, in the event of litigation regarding the allocation of shares of the specified real estate, the defendants in such claims may be either a spouse or other relatives who are co-owners of the disputed property, as well as persons not related by blood, but having common rights to the land plot.

Simply put, the defendant will always be another participant in shared ownership, since it is precisely due to his disagreement or opposition to the division that the process of dividing the land will be impossible.

Grounds and conditions for dividing a land plot

The current law of the Russian Federation provides for special principles, norms and grounds, subject to which the procedure for dividing a land plot of a certain land use and purpose becomes legal.

First of all, the division can be carried out only over that area, the types of boundaries of which are established and fixed. For this purpose, a special examination of land use is provided, carried out by a state or private organization.

The examination consists of carrying out certain special-purpose procedures, the types of which are contained in the contract. The examination can only be carried out by an authorized municipal or commercial organization.

The division of a land plot between owners can be carried out on the basis of a land use agreement between these owners or in accordance with a court decision.

For example, the division of acquired land during a divorce provides for the possibility of spouses concluding an appropriate agreement. If a common decision was not made between the spouses, or a refusal to partition was received from one of them, the second must go to court to resolve the issue of land use.

A land plot, like other real estate, is part of the jointly acquired property of the spouses.

The law of the Russian Federation also establishes certain conditions, subject to which each owner has the opportunity to divide the plot:

• the result of the allocation and division of a single privatized or federal plot should represent the formation of a new plot without changing its previously established purpose, for example, gardening;
• the area of ​​new territories cannot be less than the standards established by law;
• the resulting plots must have accessible places for access and access;
• there should not be a previously imposed temporary restriction or other sanctions on the site, the types of which are provided for by law. This applies to both privatized and rented plots of land owned, as well as the division of a jointly owned plot.

When can the owner decide to divide?

According to the provisions of Art. 43 of the Land Code of the Russian Federation, the owner of a land plot has the full right to carry out any operations of his choice with such property provided for by current legislation, including making a division into several parts. The reasons for deciding to take such actions may vary.

Among them:

• sale to third parties;
• donation;
• rent of one of the newly formed plots.

In addition, today one of the main reasons for the division of land is the implementation of business activities on the newly formed land plot.

For example, such an allotment can be used for another purpose and open a retail outlet on it or carry out specialized activities such as car maintenance.

So, if the divisible land plot belongs to one of the members of a married couple on the basis of individual ownership. And, as a result, it is not subject to division in the event of divorce proceedings; the owner can decide to divide it into several new plots, and then transfer one of them to the second spouse.

In case of refusal to take into account the interests of the spouse, the decision on division can be challenged by the wife in court.

Rules, principles and stages of land division

Any agricultural land plot in use can be divisible or indivisible, since each can have its own nuances, types and characteristics.

Data on whether it is possible to formalize the division of a single plot of land is usually contained in its previously registered urban planning plan, the preparation and receipt of which is mandatory.

The main rule for dividing a plot, in addition to the size standards established by law, is the need to undergo state registration of the resulting plots and their types, after their allocation has been carried out and taken into account earlier.

One of the main principles of dividing a plot is that the old plot should cease to exist after the allocation of new ones in real time. At the same time, the right of the owner of a pre-existing plot remains in relation to new plots obtained as a result of the allotment.

If the pre-existing plot was in common shared ownership, for example, jointly acquired property by spouses, the participants have the right to draw up an agreement, establishing special conditions, requirements and principles for the transfer of shared ownership rights. The agreement is subject to mandatory registration, otherwise a refusal may be issued.

The law of the Russian Federation provides for several stages of dividing land and separating new plots from it.

The first step is to obtain consent from other owners if the site is jointly owned. Their refusal makes further partition procedures impossible.

The second stage includes the procedure for dividing a single agricultural plot, as well as the coordination and process of allocating new ones.

The third stage is the final one and consists of state registration of the shared ownership rights of the owners.

Arbitrage practice

Practice shows that reports from expert organizations are of key importance when a judge makes a decision on a case under consideration. To carry out this examination, courts usually use the services of proven specialists with whom they have collaborated on numerous occasions, but at the same time, the parties have the right to involve another expert organization or a private person in the consideration of the case at their discretion.

After issuing an expert opinion, the court will offer two options for further developments:

• Division of land . This option involves the creation of several land plots on the site of the original one. After receiving such a court decision, the owners will be able to begin marking the boundaries of the plots, registering the property and obtaining certificates of ownership.
• Establishing a procedure for using such a site . This exit is expected if it is impossible to divide the disputed property. The court will take into account the size of the shares of each owner and the actual procedure for using the plot, but the owners will have to continue to be neighbors and also jointly own real estate.

Important! The only way out is for one of the participants to allocate their share in kind for the purpose of its further sale, while the primary right to purchase such property by other co-owners must be taken into account.

Example: The owners of a land plot and a residential building located on it decided to divide the land under the house, but did not come to a common denominator, since their ownership documents indicate equal shares - ½ each, and the land plot of one of the owners (Petrova A .) 20% larger in area.

As a result of the trial, the court, with the involvement of experts, established:

• It is possible to divide a plot without dividing a house. Since the house is a single structure, but with isolated premises belonging to each of the owners;
• The land plot, taking into account the expert’s opinion, was divided in strict accordance with the share values. This required changing the configuration of the yard;
• The right of common shared ownership of both the house and the land plot was terminated.

Division of shares of a land plot and types of divisions

The fact that there is a plot of land that is in common shared ownership obviously presupposes that each of the owners has absolutely the same right to this plot as the others, regardless of the size of the shares.

A common right of shared ownership is formed if a plot becomes the property of two or more persons on the basis of privatization, a court decision, if inheritance has occurred, receipt of acquired property, etc.

The right of common ownership and use most often arises between spouses, heirs, as well as between members of the entire family, if we are talking about previously carried out state privatization. The division of a land plot during a divorce will be a division of jointly acquired property if this agricultural land was acquired by the spouses during their marriage. At the same time, the preferential right to receive and use land will not belong to anyone.

The right to demand division of a plot of land that is in common ownership belongs to each of the owners who has the appropriate documents, as well as to refuse division.

The first and most optimal type of division is a contract or agreement. The owners prepare all the necessary documents, give their consent to the division and jointly sign the agreement.

Then all the required documents and the agreement are submitted to the local administration department in order to approve the boundaries of the new plots and check the possibility of division.

After all documents have been verified by the municipal organization, the owner must apply to the Registration Chamber in order to register ownership by submitting a written application and the necessary papers within the prescribed period.

Other types of land division include judicial division. It is required in cases where share owners cannot come to a common decision or believe that their legal rights are being infringed by the actions of other share owners. A statement of claim for the division of a land plot and the procedure for establishing land use can be filed by one of the owners, as well as other interested parties jointly.

Division of a plot with a house in court

If it is impossible to reach an agreement peacefully, the procedure for dividing the property is determined by the court. Any of the owners can contact the authority. The conduct of the process depends on the preparedness of the plaintiff.

Before the court hearing, the applicant can carry out the necessary work to allocate a share, namely, isolate the premises, prepare a technical plan and a project for dividing the plot and house. In this case, the court will order an examination, and if the expert confirms the admissibility of separating part of the real estate, it will approve the plan. Additionally, issues of compensation will be resolved if the share of one of the owners is less than the established one.

In the absence of training in the technical section, the issue of the possibility of allocating a share is decided by an expert. With this option, there is a high probability of refusal of the claim due to the indivisibility of the house and land.

The video story will tell you how you can divide a plot of land and a house

Documents for division of land and division norms

The rules, conditions, requirements and features of registration of the division of a land plot established by the legislation of the Russian Federation require the mandatory submission of all necessary documents to the relevant authorities within the prescribed period.

The current rules include the following mandatory documents:

• land surveying and cadastral passport of a single plot, which is in shared ownership, which contains a section with a modified land plot;
• certificate for the site previously issued by an authorized state or municipal organization;
• title documents confirming the legality of ownership and land use of this site;
• written consent to the division from other shareholders;
• passports of all owners of the common area.

After collecting all the necessary documents, you should contact a geodetic company and enter into an agreement to carry out the procedure for surveying a single area.

The examination is carried out by a state or private organization that has a license to carry out this type of activity and obtain all the necessary data.

The contract and examination entail certain costs that fall on the owner of the site in his ownership.

In addition, the state system of the Russian Federation and the norms of federal law have established certain requirements and features that ensure the possibility or impossibility of dividing a specific plot.

Coordination of a single common plot and its division depends, first of all, on the area of ​​the agricultural or other plot.

In different regions, these standards may represent completely different figures; everything will depend on the procedure for using the site located in a given territory, on its intended purpose, the established land use procedure, etc.

When is partition impossible?

Not every plot can be divided by desire alone.

Any of the above grounds entails the absolute impossibility of dividing the land plot by the owner. It will not be possible to achieve the division of land contrary to the norms of the Land Code either through the court or in agreement with local authorities.

Division of land between heirs and features of such division

According to the laws of the Russian Federation, the inheritance of a single plot of land that previously belonged to the testator occurs on general terms and conditions, in accordance with the established procedure. If the inheritance of a plot is carried out by several heirs, they can jointly draw up a division agreement. This agreement can only be drawn up after the issuance of a certificate of inheritance. A sample of it can be taken from the notary's office.

The agreement on the acquisition of rights by heirs must contain all the important conditions of this legal procedure, as well as information about each of the heirs. This may also include information about the procedure for using the land, compliance by the heirs with jointly determined rules, and the responsibility that may be incurred by the heir for their violation.

If the heirs have not found a common decision on the procedure for dividing the privatized or other plot, as well as on the further scheme for using the land, the only option is to go to court by filing a claim by one heir. A court decision will be made within a certain period of time, based on the data presented, through their analysis and study.

Further division of the land plot between the heirs will be carried out based on the minimum size of the plot area. During the consideration of the case, an additional examination may be assigned, checking the purpose of the land, the procedure for using it, etc.

Registration of ownership

The transaction itself is not subject to state registration, but the acquisition of ownership of new plots must be registered. For this you will need the following documents:

• statement;
• land surveying file (copy), including in electronic form;
• title documents – separation agreement or court decision;
• receipt of payment of the state duty - 350 rubles - for summer cottages, plots of private household plots, for gardening, vegetable gardening, 2 thousand rubles - for other plots (for individuals).

If the applicant applies through a representative, then a notarized power of attorney will be required to register ownership. It is advisable to resolve controversial situations in the field of land legal relations with the help of a qualified lawyer.

Impossibility of dividing a plot, as well as the conditions and procedure for its provision, pre-emptive right

The impossibility of division most often occurs due to the fact that the area of ​​the registered plot is less than the established standards. It is precisely because of the size of the plot that citizens, after a joint examination has been carried out, often receive a refusal from the authorized body of the municipal or state service of the federal region. In addition, refusal is often issued due to the lack of certain documents. The refusal and the decision made can always be challenged if there are grounds for this.

The procedure for providing agricultural land plots for use is established by the Land Code of the Russian Federation. Plots that are in municipal or state ownership for agricultural purposes can be provided to citizens for use - gardening, agricultural purposes, etc. Citizens may have plots of land for an indefinite period, i.e. permanent use, or for a temporary period, for a certain period.

Agricultural land can be provided to citizens jointly for use and in the form of rented property. In leasing a plot, the contract plays an important role, which must contain all important information, including permissible types of land use, pre-emptive rights, etc. A real sample of the contract and its rationale can be viewed at the notary chamber or administration.

At the same time, the Land Code of the Russian Federation establishes a pre-emptive right to purchase land in state or municipal ownership for certain citizens.

The very concept of “preemptive right” means the ability to purchase land for further use as quickly as possible. Persons who have a pre-emptive right include owners of unfinished construction projects and other categories. The preemptive right cannot be transferred by inheritance.

Author of the article

The procedure for dividing a plot by decision of the owner

The current legislation does not provide for the maximum number of newly created land plots that may arise during the division process.

Example. Ivanov owns a plot with a total area of ​​35,00 sq.m. in the city. They decided to divide it into several sections:

• 2500 sq.m. for the construction of a shopping center, parking and car service;
• 2 plots of 500 sq.m. for individual housing construction.

At the same time, in the region of his residence, the municipality has the minimum acceptable standards for the construction of buildings and structures - 1000 sq.m., for individual housing construction - 350 sq.m. Thus, Ivanov has the right to divide the plots in the specified proportions.

If a person owns the land solely, then this situation eliminates the need to draw up a division agreement with other co-owners. The process of dividing such a plot does not pose any legal complexity, but only if all norms of land legislation are observed.

Thus, the previous stages of land division are land surveying, assignment of cadastral numbers and registration of cadastral documentation for land plots. It is also necessary to have a registered property right with a corresponding entry in the Unified State Register.

In addition, an important part of the agreed procedure is proper documentation, namely the drawing up of the owner’s decision on the division of the land plot.

The specified document is a unilateral transaction, which acts as a title document, as well as the basis for state registration of property rights to newly created real estate.

Briefly about voluntary separation

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Voluntary division of a plot of land in shared ownership has a number of advantages:

1. Efficiency. Within a few days you can register property in new shares;
2. Saving. Voluntary division of land will cost several times less than a full-fledged trial with examinations, the help of a lawyer and many other problems;
3. The ability to settle all the conditions yourself. The court is limited by law. The parties can agree on anything, up to and including providing a share of a car plot or other property instead of the cost.

In any case, the first thing you need to consider is options for voluntary separation. Then, if an agreement cannot be reached, you can go to court and demand a forced division of the plot in court.

You can also additionally look at the material “Dividing a land plot into two”.

Legislative acts

All controversial issues regarding land plots are resolved on the basis of the Land Code of the Russian Federation. As for dividing the plot into shares, this procedure is outlined in Articles 11.2 and 11.4.

But determining the size of these shared plots, here we mean the maximum and minimum parameters, the Town Planning Code is responsible for this. Based on these two legislative acts, land surveying is carried out. This process is entrusted to the so-called cadastral engineer. This is not necessarily an official. Today, many companies offer these services for a fee. The main thing is that these companies have a license to carry out this type of work.

Attention! The shareholders of the plot enter into an agreement with the company, which specifies the timing of land surveying, the price of services provided and the timing of determining the boundaries of new plots.

The work of a cadastral engineer Source ueni.com
A cadastral engineer determines boundaries using special equipment. In this case, the shareholders themselves and the owners of neighboring plots must be present. If one of the shareholders cannot take part in this procedure, then he can be replaced by another person who has a notarized power of attorney from the future owner of the new plot.

The engineer subsequently draws up a drawing, on the basis of which he prepares a report. The latter defines the boundaries of the two areas. The act is signed by shareholders or their representatives.

How to divide a plot of land into two plots by agreement of the parties

If the co-owners of the land plot can agree, then the division can be carried out by voluntary agreement. In this case, the agreement is drawn up in writing, signed by all participants and must be certified by a notary office. To draw up an agreement, you must have the following documents:

• title documents for the primary land plot;
• cadastral passport;
• a certificate from the municipality about the provision of separate unique addresses for secondary sites;
• written consent of each co-owner to divide the land.

The text of the agreement must contain the address and cadastral number of the primary plot. It is also necessary to describe the result that the object section will lead to.

The division can be made either in accordance with the shares of each of their owners, or according to any other scheme.

After the document is signed and certified by a notary, the primary land ownership ceases to exist, and two new independent secondary plots are formed in its place.

The division of a land plot is a rather confusing and often unpredictable procedure. Therefore, during the entire division process, it is necessary to remember and follow a number of recommendations:

1. All actions under this section must be carried out in accordance with the Land Code of the Russian Federation.
2. Unauthorized division at the request of one of the co-owners is unacceptable; the consent of all owners is required. In the absence of consensus, only a court can help, which will carry out the division strictly within the framework of the law, while respecting the rights of all interested parties.
3. The first and mandatory stage of the procedure should be land surveying; it should be carried out by organizations that have a license for this type of activity.

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