The combination of two landholdings into a single plot is available only to their legal owners. To do this, it is necessary to carry out certain cadastral work, after which the newly formed plot should be registered in the cadastral register and registered with the Rosreestr authorities. But is this possible provided that the plots that need to be combined have different cadastral numbers?
What is land consolidation
Formed land tenure is characterized by certain characteristics - established boundaries, size, category and type of permitted land use. The specified information is available for any plot, which makes it possible to identify them among lands with similar characteristics.
Land consolidation is a legal event that has its own distinctive features:
- in the process of unification, the original plots cease to exist separately, and the newly formed plots are endowed with uniform boundaries;
- the consolidation of land is possible both for one owner of two plots, and for different owners (the latter case involves registering a new land plot as common shared ownership);
- When the procedure is completed, the plots retain their category and type of permitted land use.
The merger of neighboring territories is possible exclusively for their owners. If you are using adjacent lands on a leasehold basis, in order to combine them, contact the owner of the plots to obtain permits and prepare other necessary papers.
Most often, situations arise in which two neighboring plots that are the property of one person are combined. In such circumstances, distribution of shares in the newly formed plot is not required; they are provided as the property of the sole owner.
Where to begin?
When starting the land consolidation procedure, the owner must collect the necessary documents. This list includes:
- title papers;
- technical documentation;
- extracts from the state register;
- consent of both owners in writing;
- consent of a third party (if necessary).
The package of documents includes a list of papers for both sites. If necessary, local governments may require additional information from owners.
If the land has one owner, then the merger is much easier. To do this, you will need a minimum list of papers.
Conditions for combining land plots
The provisions of land legislation indicate various situations in which a cadastral specialist can carry out the association of land holdings.
Before you begin preparing the papers necessary for this procedure, find out in advance whether your situation relates to those listed by the legislator:
- plots are characterized by the same type of permitted land use and belong to the same category. This means that, for example, it is possible to connect plots intended for gardening or provided for agriculture;
- As an essential point, the legislator highlights the need for the merged plots to belong to a single entity or territorial entity (city, village, other populated areas). Thus, if three plots are located within the Novosibirsk region, then there will be no difficulties. And if one section is located in Novosibirsk, and the rest are in Kuibyshev, then connecting such sections is impossible;
- a significant limitation is that the parameters of the created plot must meet the maximum size requirements. Typically, the subjects of our state independently establish these standards, and some municipalities do not provide for restrictions at all;
- turning points must be set clearly according to standards. This implies that it is not possible to connect lands located within, for example, water and forest zones. Merging is possible only for areas with turning points and established boundaries, data about which is contained in the Unified State Register of Real Estate;
- lands that are in perpetual use or lifetime inheritable ownership must be exploited by one person.
If the owners are different
Sometimes using a common plot of land is rational and promising than having several plots at your disposal at once. For example, if the plans include large-scale construction, entrepreneurial activity, and farming.
Neighbors can agree among themselves to unite their territories. For example, to conduct joint activities or perform construction work. If the plots have adjacent territorial boundaries, there will be no problems merging them. You don't even need the help of a specialist.
After the territorial units have undergone the unification procedure, each of these entities will own a share that fully corresponds to its site. Let's look at a simple example: one had 5 acres, the other had 2 times more hectares. So, the share of the first = 1\3, and for the second = 2\3 of the total territory. However, there may be a completely different agreement between them, which was agreed upon before the initiation of this process.
An agreement is a binding document that must be drawn up between the parties. It stipulates all the conditions for the use of land plots after the merger, what will happen if one of the owners changes their mind. Or he will want to take back his territory (install a fence). All these points must be spelled out in this agreement.
Is it possible to combine two land plots with different cadastral numbers?
If we consider this issue from a legal position, then the connection of plots is certain cadastral work, the result of which is the registration of at least two neighboring plots into a single object subject to cadastral registration. This is established by the norms of the Land Code of the Russian Federation.
The legislator allows the implementation of these measures in relation to lands with different unique numbers, since after the formation of a new land tenure it will be assigned a new number according to the cadastre.
Why do they invite a cadastral engineer?
To avoid unnecessary red tape in paperwork, you can involve a cadastral engineer in cooperation. This is a specialist who will advise on issues of unification and help with land surveying.
This is especially true in situations where land owners have disputes regarding adjacent boundaries.
After all measurements are taken, the engineer issues his independent opinion and recommendations for correcting all discrepancies. Without correcting the identified deficiencies, it will not be possible to carry out the merger procedure.
Where to go to merge two land plots with different cadastral numbers
Cadastral registration and registration of rights in relation to a newly formed plot are possible in various ways.
It could be:
- appeal to Rosreestr;
- submission of necessary papers to the MFC;
- visiting the land resources committee;
- filing an application electronically using the government services portal.
Any of the above options involves submitting a standard set of papers, the list of which is fixed by the provisions of Federal Law No. 218-FZ.
How to combine land plots with different cadastral numbers
The connection of two landholdings that have different cadastral numbers occurs in the following sequence:
- preparation process. Make sure that the collected land ownership documents are properly completed. Also carefully check the information recorded in the state real estate cadastre with the land plan data. Taking into account the information thus established, check the correct location of land boundaries. If you find discrepancies, surveying work will be required;
- appearance before the authorized bodies to sign an agreement on the consolidation of land by the participants in the procedure. Submit a statement about the need for the event;
- after the agreement is signed, the cadastral engineer begins preparing the survey file, which must be certified by the applicant and submitted to the competent authorities for verification;
- The end of the event is accompanied by the receipt of a cadastral passport. It is usually produced within five days. With the prepared documents, visit the Rosreestr authority or a multifunctional center in order to register ownership of the land obtained as a result of the merger.
The newly created plot is assigned an address. In order to reduce time costs, start obtaining the address of the land when the cadastral work is completed, and the site itself has not yet undergone the cadastral registration procedure. This way, you will not need to provide separate documentation for address assignment.
How to combine two sections into one?
Read about the merger of two land plots belonging to the same owner here.
How to get help from a lawyer on land issues, read the link:
Options for land consolidation
The united territorial allotment may have 2 legal owners who dispose of this real estate according to shared rights. This fact must be confirmed on the basis of relevant evidence. If the subject does not have ownership rights to real estate, an association can also be made with this territory. The procedure must be agreed upon with the local government authority.
Several territorial units may be subject to merger at once. But provided that they have the same category of purpose and have common adjacent boundaries. When merging lands, kinks and displacement of points, even by a few centimeters, are not allowed. At the end of this process, a single plot of land is obtained, the owner can dispose of it without any restrictions. You just need to register it with the Russian Register or contact the multifunctional center.
Documents for combining land plots with different cadastral numbers
The list of papers required to unite territories consists of:
- title and title documents for the merged landholdings;
- lease agreements, permission issued by the lessor to carry out this procedure;
- land survey, which is drawn up by a cadastral specialist;
- documents identifying the owners of neighboring plots;
- completed applications for registration of land ownership in the cadastral register and its registration;
- payment document for state duty.
All listed papers required in order to unite neighboring landholdings must be submitted to Rosreestr in original copies.
Application for consolidation of land plots
Before starting the land consolidation procedure, take certain actions. First, submit a completed application for consolidation of allotments. The applicant can be either the sole owner of the merging plots or several owners in the case where objects belonging to different persons are combined. In the application for the association of land holdings, provide your personal information, including passport details, place of registration and contact telephone number.
In general, the essence of the application is a request to issue a permit or other act on the possibility of unifying land.
Write down information about the size of the plots, their unique numbers according to the cadastre, the intended purpose and the estimated address of the newly formed plot with the designated land use purposes at the end of the procedure.
In the list of attachments, list the papers you have on hand. As a rule, this is your identification document, the original power of attorney (if you represent the interests of the owner), a document on registration of a person as an individual entrepreneur (if there is one), documents that are the basis for the emergence of rights to land ownership, cadastral passports, extracts from the Unified State Register for neighboring plots, diagrams of their location in the form of draft boundaries. Similar documents are also necessary for preparing a land survey regarding the connection of land boundaries.
However, this is possible only after submitting an application regarding the unification of lands and checking the accuracy and correctness of the documents provided for the objects. As a result of the procedure, a resolution is issued allowing the merger of the two plots.
Do not forget also that, along with applications for land consolidation and state registration, you have the right to submit an application for registration of the transfer of ownership or its termination in relation to plots in your property. In such circumstances, the transfer or termination of rights to previously existing plots occurs together with the registration of rights to the newly formed land ownership.
If the owner is one person
This is the most common option, when territorial plots are owned by one direct owner. In this case, the procedure occurs quickly, since there is no need to ask anyone for permission or carry out other legitimizing manipulations.
If all title documents are available, the interested person must contact Rosreestr or the multifunctional center. After this event, the owner receives a new extract from the Unified State Register of Real Estate. It indicates the territorial unit and its coordinates. There is also cadastral data for the site.
Decision on consolidation of land plots
The best option in this case can be considered to obtain a decision regarding the merger of landholdings, which will allow you to become the owner of a single plot, instead of owning several. If you own two plots, then one, the area of which is equal to one, their market value will be less than in the case of a single object. In this case, you will not need to collect a package of documentation twice for each plot and pay land tax for each of them.
A decision made by local authorities regarding the consolidation of landholdings requires state registration of rights to the newly formed land plot.
Together with the procedure for registering rights to the created plot, registration of restrictions or encumbrances also occurs, even if they are established in relation to only one of the plots to be merged.
If the registration of the right to one of the connected plots was not carried out, this cannot be a reason for refusing registration actions in relation to the land ownership being formed, if there is a document authorizing the merger of territories.
It is also possible that certain situations, provided for by the legislator, may arise in which, together with the procedure for registering land ownership rights after the connection, restrictions and encumbrances are removed, but in this case it is always necessary to consider the specific situation by a qualified specialist dealing with land issues.
Boundary plan for combining land plots
Registration of the boundary plan occurs as a result of the procedure for merging plots in the bodies carrying out cadastral registration. Its volume is equal to that required to complete the registration of a newly formed site; the document necessarily contains all the sections required by specially developed Rules for its registration.
The boundary plan for the unification of land holdings must display unique cadastre numbers assigned to the merging plots, explanatory documentation contains the address of the land holding, an overview or situational plan regarding the boundaries of the territory, indicating the numbers identifying the object, according to the form of registration of the state register of land holdings of the corresponding territory, serves as a visual explanation.
Cadastral registration is carried out immediately after a decision is made to unite lands into one plot.
In order to obtain boundary plans for the consolidation of land, participants in the procedure must have a decision allowing the consolidation of plots, issued by the relevant competent authority disposing of land property.
The adoption and production of a decision occurs through the issuance of a resolution allowing the execution of the procedure. Prepare in advance an agreement on the connection of plots, which is drawn up in writing, in relation to the lands of their sole owner, or an agreement concluded between several owners who want to combine the lands.
In order to submit an application for the production of a survey document, prepare a set of appropriate documentation, consisting of:
- documents providing the basis for the emergence of the rights of a single or several owners to landholdings and buildings erected on their territory;
- technical passports for sites prepared by the BTI authorities (if any);
- copies of identification documents of the applicant(s);
- extracts from the Unified State Register of Land Owners for the connected landholdings;
- topographical plans for plots, which reflect the red line and protected areas (if any).
Resolution on the consolidation of land plots
In the resolution issued after the approval of the specified measure in relation to the connection of land holdings, the main point is the procedure for assigning an address to the newly formed plot by local authorities. This occurs after the submitted application for land consolidation and the documentation attached to it are considered within the period established by the legislator from the date of receipt of the relevant papers.
The first step in the local administration is the preparation of a draft resolution regarding the consolidation of plots, with further consideration of this topic at a meeting of the commission formed to regulate land legal relations by local authorities.
The specified draft document on the consolidation of land, developed by the relevant administration, implies a mandatory procedure for coordination with the chief architect of the municipality with the submission of a document authorizing the consolidation of plots and a prepared land survey plan for connecting the territories.
After the commission regulating land legal relations makes a decision on the possibility of combining real estate, the issue is considered at a meeting of the administration, as a result of which a resolution is issued regarding the combination of plots, signed by the head of this administration.
If the decision is not made in your favor, you will be notified in writing, indicating the grounds for refusal to complete the procedure.
Either way, you will receive written notice within seven days of the date the decision to refuse was made. The resolution on the unification of land holdings is issued by an appropriate person authorized by the administration at a personal reception.
If you do not agree with the decision made, you can appeal the actions of the authorized person in accordance with the requirements of the current legislation, including by filing an application with a judicial authority.
Terms and cost of merger
The land surveying procedure may take about one week. You contact a specialist, he goes to the site, takes all measurements and documents his decision. If it includes inconsistencies and shortcomings that need to be corrected, then the procedure for drawing up a boundary plan may take a certain period of time, depending on the situation.
After submitting an application to municipal authorities, government officials have a period of 10 days to consider your request. Considering that the municipality will submit requests to another department, the period for reviewing documents may increase by two working days. It is worth taking into account the calendar plan (holidays and weekends) when planning the timing of registration.
If we talk about the cost of procedures, land surveying is calculated individually, depending on the area of land and additional circumstances. To learn more about the nuances of land surveying, contact the design organization to calculate the cost of the work. In the Moscow region, land surveying services today cost at least 10 thousand rubles.
At different stages of registration, you can also contact a lawyer for advice, all this will also cost money. Prices for legal services depend on the region and status of the organization you contact.
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