How to properly divide a plot of land into two

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The need to divide a land plot is not such a rare procedure as it might seem at first glance. Divorce of spouses, inheritance of one property by several persons, desire or need to sell part of the land - these are just some of the reasons to divide the land plot into two independent ones. With such a division, it is not so much the reason for the procedure that is important, but the need to carry it out correctly, including the preparation of all the necessary documents both for the division itself and for the subsequent registration of ownership of each secondary object.

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.

Demarcation from a legal point of view

To familiarize yourself with the legal nuances of the division of land and demarcation of territory, refer to the norms of the Land Code (LC) of the Russian Federation .

It sets out the basic provisions according to which one piece of land can be divided into two parts. And these 2 plots become independent plots while the previous object of law ceases to exist.

This applies specifically to private lands. Municipal property given for use or horticultural areas cannot be divided.

The law provides for the allocation of land from the total area in accordance with shares. This means that the property does not have to be divided into equal halves. At the same time, the characteristics of the plot (borders, cadastral number) are retained.

In order to legitimize the plots obtained as a result of division, it is necessary to adhere to the land surveying rules and register the section in the state register.

Rules for dividing a land plot

Most often, plots are divided between spouses who have divorced, or the heirs of the deceased owner (legal or by will). But it is necessary to indicate that not all plots are subject to division. Sometimes it happens that the technical capability is simply not available. And there is one more obstacle - the lack of title documents for the land.

But if the plot is subject to division, then it is necessary to take into account the rights of both shareholders. This primarily concerns free passage or passage. For example, if after the division one of the plots turned out to be cut off from the road, then a road or alley to the house should be left through the second, and the owners of the first plot could move freely along them.

Easement - the right to limited use of a neighboring plot Source pronovostroyku.ru

See also: Catalog of the most popular sites in the Moscow region for the construction of suburban housing.

The right to limited use of a plot other than one’s own is called an easement. It can be achieved by mutual agreement. If both parties do not reach an agreement, the conflict is resolved in court.

So, if the owners have agreed to divide the land, then you just need to formalize the agreement. This document does not have a standard sample, and according to the law, it does not need to be certified by a notary. But experts still recommend going to a notary and having the document certified. Just in case, for the sake of legal reliability.

It should be noted that dividing a plot into two and allocating a share from the common land use facility are different things. In the first case, each new plot receives a new cadastral number. That is, on the area of ​​one land use object, two new ones are formed.

In the second case, the cadastral number of the main object does not change. And the allocated share gets its own number. Accordingly, all other information changes.

Cadastral numbers of land plots Source penza-post.ru

As practice shows, most often such cases end up in litigation. Here, either one of the owners does not want partition, but wants to get the entire property, or obstacles arise that are created by local governments, often government agencies acting in this capacity. In the first case, one of the owners needs to go to court. In the second, you need to prepare a so-called administrative claim.

Through the court

A claim in court is filed in different ways, depending on who the litigation is against.

1. If with an individual or company, then the application is drawn up according to Article 131-132 of the Code of Civil Procedure of the Russian Federation.
2. If with municipal or state bodies, then Articles 124-126 of the CAS of the Russian Federation should be taken as a basis.

In both cases, it is important whether a preliminary survey of the site has been carried out. If “YES”, then winning the case in court will be the easiest way.

If land surveying was not carried out, or rather, one of the owners did not come to this procedure and did not send his representatives, then the plaintiff will have to make a lot of efforts to prove to the court that his claims to divide the plot are legally and technically possible. As practice shows, if one of the shareholders did not participate in land surveying, that is, he does not want to divide the land plot, then legal proceedings can drag on for a long time.

Sample statement of claim Source gopri-rda.gov.ua

Paperwork and bureaucratic nuances

Previously, all issues related to land surveying could be dealt with by private firms with the appropriate license. Currently, priority is given to government agencies conducting property assessments.

When contacting the state registration authorities, the applicant who is engaged in land surveying must provide a complete package of documents. Such a package should include:

1. identification documents of the participants in the division (passports and charter documents, if one of the owners becomes a legal entity);
2. an application in a standard format, signed by all interested parties (new owners of land plots).

An important document is the decision of the state authorities to assign new addresses and details for land plots. If during the procedure it was necessary to conclude an agreement between all parties to the operation, then it is also attached. The package of papers includes title documentation for the divided land plot with all details, including a certificate of ownership.

During the procedure, you will have to pay a state fee in the amount of 350-2000 rubles, and also provide a land surveying plan drawn up by accredited specialists.

There are companies that take on all the work and provide a full range of services for dividing the land. They can help speed up the entire division process and react competently in various unusual situations.

To confirm the transparency of the entire procedure, shareholders can register an agreement on the division of a land plot with the involvement of a notary.

Information

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When will the section be denied?

As with any other legal action, the division of land has its limitations. The following points may be grounds for refusal to divide this property:

• after the division of the original, secondary plots will not meet the minimum standards established in the region;
• the land is offered for rent;
• a public easement is imposed on the original site (a forced lease in which both the owner and the recipient of the easement can equally use the part of the land encumbered by the easement);
• the site has any encumbrances or restrictions in the form of fines or seizure.

For example, the owner of a land plot has arrears in tax payments and the enforcement case is with the bailiffs. In this case, until the entire debt is repaid, there can be no talk of any division.

One thought on “3 main stages of land division between neighbors and owners”

1. Nesterova Elena Viktorovna 16.10.2021 at 18:31 Hello. I have two questions: 1) we recently bought an apartment in the village in a three-apartment building. On the one hand, our neighbors have a privatized apartment, ours is also privatized, and the other neighbor has a municipal apartment. Those neighbors fenced off with a high fence and occupied a large area for farming, another neighbor also built everything for himself on the other side. And we have an apartment in the middle and it turns out that we are the most deprived. Also, just opposite our apartment, sheds were built and a shared toilet from Soviet times. I would I wanted to find out if we have the right to remove the sheds and toilet (the neighbor was asked to build another on his side), demolish it and carry out land surveying and establishment of boundaries.
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Price issue

When dividing a plot, expenses arise for paying fees and land surveying:

1. The fee for registering ownership of each plot formed after division is two thousand rubles. If these plots are intended for personal farming, gardening and other purposes specified in Art. 333.33 of the Tax Code, the duty will be three hundred and fifty rubles.
2. With the cost of land surveying, not everything is so clear. It depends on the required variant of land surveying (simply division or with preliminary surveying of the original site, division into two or more) and varies by region. From five to seven thousand for a simple division in the regions, to tens of thousands for a complete land survey in the central regions of the country.

All procedures for dividing a plot occur in accordance with the Land Code of the Russian Federation.

Briefly about us

Our real estate center was created in 2010 and today is a reliable and stable company in the cadastral and geodetic services market.
Our employees are qualified cadastral engineers with valid cadastral engineer certificates, experienced surveyors and managers who are ready to offer the best solution to the assigned tasks. The use of high-precision geodetic and satellite equipment and the use of modern software allow us to obtain high-quality work results in the shortest possible time.

In the process of work we are guided by the following principles: honesty

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Our customers include the Federal Tax Service, Rosreestr, Sovcombank, the KROST concern, the PIK group of companies, AUCHAN and many others.

By choosing us for land surveying, you are guaranteed to get the desired result and save your energy, money and time, and also maintain a good mood!

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