A land share is a plot allocated from the territory of joint ownership. These plots were actively distributed by the state to agricultural workers about twenty years ago.
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Then there was a significant need for this - it was necessary to increase the class of personal landowners, which would push the country towards the development of a market economy.
Today it will be possible to obtain a land share for a number of reasons. Among them stands out:
- acquisition of land;
- receiving it by inheritance;
- as well as selection.
What is a land share?
This is the share of land in the right of common shared ownership of an agricultural plot. In other words, if you have documents for a land share, you are the owner of part of the agricultural plot, but this part of the plot does not have a real location. There is only a general mass of land to which the right is registered.
But the concept of land share does not include any land, but only agricultural land and only if the right to it was obtained as part of the privatization of land before January 28, 2003, i.e. before the adoption of the law on the turnover of agricultural shares. At the same time, the land committees issued each member of the collective of the agricultural enterprise with a Certificate of right to a land share, where its size was indicated in the form of a fraction (for example, 1/600), in hectares (for example, 15.7 hectares), in points or point hectares (for example , 5700 b/ha).
Is it possible to allocate a share from agricultural land? We’ll answer right away that yes! Each participant in shared ownership has the right to allocate his share. What is the procedure for allocating a real plot of land to account for the land share? Let's look further.
Reasons
The following have the right to receive a land share for free:
- collective farm workers;
- state farm pensioners;
- cultural and healthcare workers;
- employees of agricultural enterprises.
The plot itself is given to them free of charge, but despite this, they will need to pay for the activities of cadastre workers and land tax.
Without this, the privatization of land will be impossible and it cannot be disposed of.
Legislation
The legislation carefully addresses issues based on the allocation of a land share and its disposal.
An example is Federal Law No. 101 “On the turnover of agricultural land,” which states that a share owned by property rights can be used at will or sold.
The legislation also provides that it is possible to own a plot of land without allocating it.
In this case, it can only be used for personal purposes - direct use by the owner.
If you select a share from a joint estate and receive a certificate confirming ownership rights for it, then the plot can be rented out, sold or inherited.
How to allocate a share of agricultural land?
The general procedure for allocating agricultural products. shares are regulated by the law on the turnover of agricultural shares (101-FZ of July 24, 2002).
In order to allocate a land share, you first need to prepare a document such as a land surveying project. This document defines the specific boundaries and area of the allocated land. There are certain requirements for the project established by Order of the Ministry of Economic Development of Russia dated August 3, 2011 No. 388. For example, it must be prepared in two copies, has a certain sequence of sections: first the title page, then the contents, then the text and graphic parts, applications. Also, the project must be stitched together, signed and certified with the seal of the contractor.
A land surveying project will be prepared for you by a cadastral engineer, with whom you need to enter into a contract agreement. Only this specialist is endowed with such powers. It is interesting that the customer can be any interested party.
We have already talked about how to choose and where to find a cadastral engineer on our YouTube channel
The legislative framework
Modern Russian legislation fully regulates all issues relating to the grounds for allocating a share plot, as well as methods of disposing of it. One of these regulatory laws is Federal Law No. 101 “On the turnover of agricultural land ,” which states that a land share that has the status of private property is subject to sale or use for personal purposes.
In addition, the law stipulates that ownership of a plot is allowed even without its allocation. In such a situation, the share can be used exclusively for one’s own purposes. When separating a share plot from joint ownership, its owner receives the right and opportunity to sell the share, rent it out or use it for personal purposes.
Approval of the land surveying project
The size of the allocated plot is determined depending on the size of the share specified in the Certificate. However, please note that the land surveying project, and therefore the size and location of the allocated share, is subject to mandatory approval and agreement with all participants in the common shared ownership.
And there are two possible ways:
- approval by decision of the general meeting of all shareholders (the list of owners of the formed plots and the size of their shares are also simultaneously approved). In this case, no other approvals are required. At the same time, the cadastral engineer provides the opportunity, no less than 30 days before the meeting, to familiarize themselves with the land surveying project and, if necessary, make changes to all owners of the plot from which the allocation is being made, as well as an authorized representative of the local government body and the customer of the work. A notice of familiarization is sent to all specified persons or published in a newspaper.
The municipality, in turn, notifies all shareholders that a general meeting is being held to approve the project, no later than 40 days before the date of its holding. The period of notice of familiarization with the survey project is included in the period of notice of the meeting (40 days in advance), which makes it possible in practice to combine the notice of familiarization with the notice of holding a general meeting, thus reducing the period of work.
A notice of familiarization is published by a cadastral engineer, and a notice of a meeting is published by a local government body. Therefore, these notices can be published in the same media nearby, but cannot be combined in one publication (one notice).
- the land surveying project can also be approved by the owner of the allocated share. And in this case, the land surveying project is also agreed upon with all owners, but by means of a notice of the need for approval, which is sent to all owners or published in the media. In this case, dissenting interested parties have the right to file objections within 30 days from the date of notification or publication in the newspaper. The absence of objections during this period confirms that the land surveying project has been agreed upon. In this case, the cadastral engineer draws up a conclusion on the absence of objections and includes it in the Appendix to the land surveying project.
After the land surveying project has been agreed upon and approved using one of the listed methods, the engineer begins cadastral work in relation to the allocated area, namely, prepares a land survey plan based on the survey project. If it is not possible to form a site exactly according to the land surveying project, then small deviations from the project are possible, but so that the actual area differs from the designed area within 10%.
What is a boundary plan and what requirements apply to it, you can read in the article
The process of separating an allotment from joint shared ownership
In order to allocate a share of land, a lot of work will need to be done. Today, such a procedure takes a lot of time due to the fact that the state has provided specific deadlines allocated for waiting for the final allocation of the share.
Isolating a share plot from the general land mass is a very difficult procedure . To receive a share, you must go through all the procedures correctly, because if you make any mistakes, you will receive a refusal .
To minimize the likelihood of any problems arising at various stages of registering a share, it is recommended to seek help from a qualified lawyer who will help in this matter.
This article discusses general procedural issues that you need to know at the initial stage.
Peculiarities of allocating a land plot from agricultural land
When allocating a plot of land, it is worth considering some features of this procedure.
Firstly, publication about familiarization with the land surveying project or its approval is allowed only in those media outlets that are established by the subject of the Russian Federation at the location of the site. As a rule, this is a district newspaper or regional print publication. There are also certain requirements for publication. For example, information about the customer and the cadastral engineer (full name) must be indicated, including postal and email addresses, contact phone number, cadastral number of the original plot and its address, when and where you can get acquainted with the land surveying project, etc.
Secondly, the allocated plot must correspond to the maximum agricultural size. areas established by the subject.
Thirdly, if the common area is leased, then the consent of the tenant will be required for the allocation. However, if you voted against leasing the site or did not agree with its terms and this is reflected in the Protocol, then the tenant’s consent will not be required when allocating your share.
Fourthly, only the owner of the original plot can file an objection. The text of the objection must indicate the applicant’s passport details, as well as the reasons for disagreement with the land surveying project. In this case, the objection is sent both to the cadastral engineer and to the territorial department of Rosreestr. Objections can be removed during the process of finalizing the land surveying project and at the will of the person who submitted them.
Fifthly, disputes and unresolved objections are considered in court, where a specific boundary of the site can be established.
FAQ
The allocation of a land share from the general tract in 2021 is a complex procedure that must be approached responsibly.
It will be possible to receive a land share only after each stage has been correctly completed, otherwise its registration will be denied.
Before and after this process, citizens have a lot of questions, some of which we will try to sort out right now.
The tenant of the allocated plot does not pay tax
If the tenant of the allocated land plot does not pay tax, several actions must be taken:
- Organize a general meeting (the timing of the organization will depend on the number of shareholders).
- Discuss the issue raised.
- File a complaint to the court.
A sample land share purchase and sale agreement will help you draw up the document in accordance with legal requirements. How to terminate a land lease agreement unilaterally? Read here.
How to re-register a land share after death without a will? Detailed information in this article.
Monetary equivalent
A land share can be allocated not only in kind, but also in monetary terms, which is established by the Federal Law “On the Turnover of Agricultural Land”.
This completes the selection of the share from the general array. When carrying out the procedure, you must follow all the rules and actions specified in the article.
Stages of obtaining a land share
Before starting such a procedure, it is necessary to make sure that a specific site is the property of the organization . After this, you can safely begin to implement the step-by-step process of obtaining a share plot.
At the first stage, the site surveying procedure takes place. To carry out this procedure, it is enough to contact the BTI or other structures that provide similar services, as well as those that have the appropriate permitting licenses.
If the company does not have the necessary licenses, then the survey results obtained will not have any legal force.
Upon completion of the land surveying procedure, the agricultural land share will acquire its own registration number, which will be used for its final registration.
At the next stage, you need to place an advertisement in the local newspaper, where it will be reported that you will soon carry out the procedure for allocating a plot of land.
In such an advertisement it is necessary to indicate the following information:
- FULL NAME;
- Name of the organization;
- The area of land allocated in hectares.
Initially, the site is tied to a specific landmark . For example, the land is located two kilometers from a populated area. You also need to indicate an address where any objections can be sent within 30 days after the announcement is published in the printed press. The advertisement must include a site plan.
Such a plan-scheme is carried out taking into account the reference to a certain landmark. When publishing an ad, you need to remember: you need to indicate that you have a copy of the site plan on hand. The council of members of the array can begin to be assembled immediately after the expiration of 30 days , which are allocated for the receipt of any objections. Local authorities will organize a meeting indicating a specific date and place where it will be held. If a member of the array is absent from the meeting, he has the right to make his comments within 30 days after the end of such meeting .
must, by unanimous decision, determine the boundaries of the land share within the council . Ultimately, you need to obtain a document approving the allocation of a share of land.
At the next stage, surveyors are invited to carry out cadastral manipulations for the subsequent issuance of a cadastral passport. Surveyor services are paid separately.
At the last stage, all collected documentation is sent to the cadastral chamber, after which within a month it will be possible to receive a certificate of ownership of the share plot.
Required documentation package
To allocate a share plot, you need to collect a certain package of documentation.
The list of required documents includes:
- A document that indicates ownership of a specific territory;
- Cadastre plan;
- A copy issued for a specific area;
- Cadastre passport;
- In documentary form, a joint decision of the members of the array to allocate a share plot to a specific person;
- A copy of the printed publication where the advertisement was published;
- Payment receipts;
- A land deed issued by the local land committee.
How can I buy a share
The purchase and sale of a land share, taking into account its features, also has certain differences from ordinary transactions. Having decided to purchase such a plot, you should check several important points in order to avoid problems in the future.
First, you need to check the following documents:
- certificate of ownership;
- documents according to which the share was originally received;
- cadastral passport;
- consent from the second spouse (if the property is shared).
For the purity of the transaction, it is also important to find out whether there are any encumbrances or debts in relation to it.
Secondly, it is necessary to ensure that consent has been obtained from the state for this transaction. This is important because he has the right of first refusal. If the verification was successful, then you can proceed to paperwork, signing and registration with Rosreestr. You can draw up the agreement yourself or entrust this work to a professional lawyer.
Allocation of shares in kind
You need to keep in mind that the total mass of land is divided into specific areas. In the process of choosing a land share, it is extremely important to take into account its area, as well as other related factors.
These important accompanying factors include:
- Ballogectarity , which will indicate the quality of the land plot itself . The higher the hectare index, the better the quality of the land, but at the same time its area will decrease.
- Separation from the river, forest and other important objects;
- Distance from the roadway and populated areas.
Concept and sizes of shares
Today you rarely hear about land shares. The fact is that the bulk of them were issued to employees of various agricultural enterprises in the nineties. This measure was provided for by Government Decree No. 86 in 1991 in connection with the procedure for reorganizing collective farms (state farms).
Many state farms and other enterprises in this area were closed, but the land plots remained. What are they?
In fact, a land share is not a plot in the usual sense of the word. This is a certain share in the total land allotment (array). It does not have defined boundaries and is not designed as a separate isolated area.
A land share gave its owner the right to carry out any agricultural work on part of the arable land (another land mass).
The share can only be used for agricultural purposes. Construction on such areas is prohibited.
The allocation of a land share occurred free of charge only once. Despite the fact that the share does not have specific boundaries, it is endowed with such an indicator as size (area). The size of the share is determined in hectares based on the total area of the land mass. Since the areas of these arrays and their purpose are different, the sizes of the shares may be different. Therefore, it is impossible to unequivocally answer the question of how much 1 share of land is. One share may have a different area, which is usually reflected in the documents on its allocation. Accordingly, the price of a land share will also vary.
