Land inheritance in 2021: practice, procedure, features

Inheritance of real estate, including land plots, is one of the ways to obtain ownership of it, provided for in the current civil legislation.

This method of transferring real estate has its own unique features, which relate to the requirements for the object of inheritance, recipients of property or the peculiarities of documenting this transaction. All these issues, as well as other nuances related to land inheritance, will be discussed further.

General information about land inheritance

The procedure for inheriting land is the process of gratuitous transfer of property rights to a plot from a deceased person to his heir in the order of universal succession (Article 1110).

Land turns into hereditary land ownership from the moment of death or recognition as deceased of its owner. At this moment, not only the land, but also, in general, all the property that belonged to the deceased becomes hereditary.

A land plot is part of an inheritance that will be proportionally divided between heirs who have not renounced their right and have declared their desire to accept the property of the deceased.

Features of inheritance of land plots are determined by Art. 1181 Civil Code. It establishes that the procedure for obtaining land as an inheritance occurs in a general manner and does not require additional permissions.

The property complex inherited by the successors may include not only the territory, but also the soil, reservoirs located on the site, as well as plants.

Please note that the inclusion of buildings in the estate is determined by the rights under which they are located on the site: if the buildings were not the property of the deceased, then they will not be included in the inheritance, and vice versa.

Inheritance of land plots and residential premises can be carried out both by law and by will (Article 1111 of the Civil Code). This only affects the composition of the heirs, but not the possibility of transferring rights to the land.

It should be remembered that, along with property rights, property responsibilities are transferred to each heir in proportion to the share received. So, if the land was mortgaged to the bank, the heirs will receive not only the rights to the plot, but also the unpaid debt.

The heir has the right to refuse the inheritance.

These general rules apply to all types of real estate. For example, collective farm land shares for agricultural purposes are inherited in the same manner as lands for housing construction, garden plots or forest plots if they are privately owned.

However, this is only possible if the land was properly registered as the property of the deceased, which can be proven documented. Otherwise, it is impossible to formalize the transfer of ownership.

Inheritance of divisible and indivisible land plots

Land plots are defined by law as part of the Earth's surface. Its boundaries are described and certified in the prescribed manner.

Land plots can be divisible and indivisible.

Divisible plots include plots that can be divided into parts, each of which, in the event of division, forms a separate independent plot of land. Moreover, its use must be permitted based on the rules that regulate the use of this particular category of land without transferring it to another category of land.

The size of the heir's share in the event of its inheritance cannot be less than the size of the plot that is established for its intended use. If this is not possible, then the plot is not subject to division, since the division of lands, based on their intended purpose into categories, is the main principle of land law.

Who will inherit the earth

Anyone can become an heir to an allotment:

• citizens living or conceived at the time of inheritance;
• organizations;
• state (Article 1116 of the Civil Code).

Due to the nature of succession, individuals most often have this right.

The composition of successors depends on the order of succession. Thus, if the deceased managed to draw up a will during his lifetime, the persons appointed by him will receive the land. If there is none, the land is inherited by relatives depending on their presence, the degree of relationship and the line called for inheritance.

Regardless of the identity of the heirs, the land is subject to division between them. But if the allotment cannot be divided, according to Art. 1168 of the Civil Code, the priority right when inheriting a land plot has an heir who:

• Along with the deceased, he had the right of ownership of this plot;
• used the land until the death of the deceased, provided that other heirs did not have common ownership rights to the land and did not use it.

The presence of a preemptive right means that the heir can demand sole inheritance of an undivided plot. But in this case, it is impossible to register the ownership of a land plot transferred by inheritance without compensating for losses to other heirs who have ceded their rights.

The issue of citizenship of the heir is also relevant. In some cases, foreign citizens will face difficulties when inheriting land:

• clause 3 art. 15 prohibits them from owning areas of border territories;
• Art. 3 allows you to own agricultural plots only on a leasehold basis;
• allows only citizens of the Russian Federation to own lands of dacha cooperatives.

This means that inheritance of such types of land by a foreign citizen is unacceptable.

This does not apply to commercial and residential development land unless it is classified as an exempt border area.

The need and procedure for assessing a land plot

In most cases, with the right to inherit land, it is mandatory to assess its value, for which a special procedure is carried out - real estate valuation. In particular, establishing the cost of a plot is necessary for the following purposes:

• to determine the amount of the state fee that will need to be paid to the notary (it is set as a percentage of the value of the inheritance);
• to deduct the specific amount of the share that is due to each heir (this may be necessary in the case when the plot is divided between several citizens);
• to calculate the amount of tax liabilities that the new owner of the site will bear to the state.

In this case, for these purposes, any value of the land property can be used to choose from, namely:

• cadastral;
• market;
• inventory

In relation to a land plot, the most common is the first type of assessment, that is, determination of the cadastral value. In most cases, this data is already contained in the state real estate cadastre, and the heir simply needs to apply there to obtain the relevant information.

It is worth considering that land valuation activities can be carried out both by specially authorized government bodies and by individual specialists or private companies that have permission to conduct this type of activity.

If we are talking about obtaining information from the cadastre, then this can be done on the spot, even without experts visiting the land plot.

However, if the heir does not agree with the value entered in the cadastre, he can order an assessment by independent specialists. It is likely that completely different results will be obtained after this, because the change in the value of the site over time is influenced by many different factors.

Who can't inherit the earth

In addition to foreigners, the law also defines a circle of persons who receive the status of unworthy successors - they are not allowed to inherit land plots. To such art. 1117 Civil Code refers to:

• persons who committed an attack on the life and health of the testator and heirs;
• persons from among the heirs who, through illegal actions, try to influence the will of the testator, the size of the due shares in the inheritance, or the calling of a particular heir to inherit;
• persons in respect of whom it has been established that they have evaded payment of alimony to the deceased;
• parents of deceased children who were deprived of parental rights at the time of the child’s death.

Anyone who is not the heir to the land or is removed due to unworthiness must return everything that was received by inheritance. He is deprived not only of the right to an allotment, but of inheritance rights in general.

These rules apply even to those who claim the mandatory part:

• disabled spouses;
• children;
• dependents.

If the testator nevertheless considers it necessary to bequeath land to such a person, he will restore his inheritance rights.

Is land inherited under the right of perpetual use, under a lease agreement?

As a general rule, land owned by a deceased person under the right of perpetual use is not inherited. However, there are 2 important nuances:

1. if a house or other structure is built on the plot, then the heir is given the right to buy the land without litigation;
2. if the deceased began to register the right to the plot during his lifetime, then his heirs can complete this procedure and receive ownership of the land, even if there are no buildings on it.

Sometimes the issue of inheritance may concern a plot leased by the deceased. The tenant does not have ownership rights, which means he cannot transfer the land to his heirs. However, they can use the plot during the validity of the lease agreement under the same conditions.

Read: How to get a death certificate

When will the state receive the land?

The law defines a number of cases when inherited property, including land, acquires the status of escheat. According to Art. 1151 of the Civil Code, this happens when:

• the deceased has no heirs or did not leave a will;
• all successors are declared unworthy or cannot inherit for other reasons;
• all existing successors have not claimed or abandoned their rights to the land.

In such cases, the land and buildings on it, if they belonged to the deceased, are inherited into the property of the locality or region, depending on the territorial location of the plot.

The state cannot claim escheated land - the plot becomes the property of the state only if the citizen himself bequeaths his plot to it.

Inheritance of a share in the right of common ownership of land plots

In cases where a share of a land plot in common shared ownership is inherited, this occurs without any special features. This also applies to land shares.

If a participant in the common joint property dies, the heir cannot formalize the right of inheritance until the share that the deceased had in the common property is determined.

According to the law, inheritance without determining shares is possible only in cases where the heirs are members of farms or spouses (Articles 256, 257 of the Civil Code of the Russian Federation).

The regulation of controversial issues regarding the distribution of shares between heirs occurs according to the rules of legislation that regulates legal relations between the subjects of the dispute.

Grounds for inheriting privately owned land

Before inheriting land, it is important to identify the grounds for succession. There are only two of them: a will and the presence of heirs by law.

A will has priority and allows the testator to leave a plot of land to anyone (Article 1119 of the Civil Code). He has the right:

• indicate in the will specific objects that should go to each heir;
• determine the shares in the inheritance that specific individuals will receive, without specifying the types of property.

Property must be divided in accordance with the will of the deceased, but only if he was of sound mind at the time the will was made.

Entering into an inheritance without a will presupposes the activation of the inheritance procedure according to law. The relatives of the deceased are called to him. Their calling is carried out in turn: the closer the relative, the higher his turn, which means the greater the likelihood of inheriting the land.

The calling is carried out in relation to all representatives of one line, regardless of their number, and the hereditary mass itself is divided equally between them.

If there are none, representatives of the next line are called upon. The law defines the order as follows:

• I – spouses, parents, children;
• II – brothers/sisters, grandparents (in their absence, nephews/nieces);
• III – uncle/aunt (in their absence, cousins);
• IV – great-grandparents and so on.

A separate category of heirs are disabled dependents. According to Art. 1148 of the Civil Code, the degree of their relationship with the deceased does not matter - they can claim a share and be called up with any of the lines of relatives.

Circle of heirs

After the death of a person, his relatives or other heirs initiate the process of entering into inheritance. It necessarily involves the need to contact a notary. Moreover, this action is necessary if the heirs are:

• in law;
• by will.

However, the format of inheritance affects the circle of persons receiving land plots in ownership. The principles for selecting heirs differ in both cases.

In the case of a will, the principle of succession of heirs does not affect the size of the shares. A person can leave all his property to a stranger.

Inheritance of lifelong ownership of land

In accordance with the provisions of Art. 1181 of the Civil Code, the testator can transfer the right of lifelong ownership of a land plot (Article 266 of the Civil Code). In such ownership schemes, land property transferred by inheritance, as a rule, belongs to the municipal authorities, although the specific owner depends on the grounds and methods of transferring the land for use.

Unless the terms of use provide otherwise, the actual user of the land has the right to create infrastructure on it and build other real estate objects, registering them as his own property. This means that successors can obtain ownership of residential premises located on land that will pass to them on the right of use.

Since the heirs will not become the owners of the land, they will subsequently not be able to dispose of it: sell, donate, exchange or otherwise alienate the object.

The right of ownership itself after registration of the inheritance is subject to state registration, and also, on the basis of Art. 45 of the Land Code, can be forcibly confiscated from the heir.

Inheritance of land plots on the right of lifelong inheritable ownership

According to the provisions of Article 1181 of the Civil Code, a land plot can be inherited if it belonged to the testator on the basis of a special right - lifelong inheritance. Such inheritance occurs on a general basis.

The subjects of such right include persons to whom land was provided free of charge, and only from those lands that are in state or municipal ownership.

Land acquired on the basis of the right of lifelong inheritable ownership may be provided:

• to persons in the form of a plot of land that is used to conduct subsidiary personal farming;
• persons who wished to organize a peasant or farm enterprise and left the agricultural organizations to create such farms.

The division of a plot received as an inheritance and owned by the testator with the right of lifelong inheritance is not provided for by law.

Article 21 of the Land Code of the Russian Federation on lifelong inheritable ownership of land plots has lost force since March 1, 2015 (Law dated June 23, 2014 N 171-FZ).

Inheritance of the right to permanent use of land

Unlike lifelong ownership, the right of permanent use by inheritance cannot be transferred - in Art. 1181 of the Civil Code does not mention this. Consequently, the right to use the land is lost from the moment of the death of the testator.

This, however, does not mean that the situation has no prospects - in practice, a considerable number of heirs manage to retain rights to land, for example, in the following cases:

1. The deceased user erected real estate on the site and registered ownership of them. So, according to paragraph 2 of Art. 271 of the Civil Code, the transfer of real estate to another owner entails the transfer to him of the rights to use the site on which it is built. That is, the right of permanent use passes to the heir along with the buildings. A person who has inherited a land plot in this manner subsequently has the right to privatize it.
2. Filing a lawsuit. Judicial practice suggests that the most correct way in this situation is recognition of property rights through privatization. This type of claim allows not only to preserve the right to use the land, but also to determine ownership in relation to it. Many also practice recognition of ownership of a land plot by inheritance, but such claims, due to the nature of the agreement for the permanent use of land, have no prospects.

The concept of land inheritance

The presence of land is a sign of family prosperity. Residential buildings and country houses are built on the land, and it is used for gardening and horticulture, as well as farming. Therefore, issues of inheritance of land plots are of such interest.

The possibility of inheriting land ownership and the features of this procedure are regulated by land and civil legislation.

A land plot is both real estate and a natural resource that ensures the livelihoods of citizens and, accordingly, is under state protection (Article 130 of the Civil Code of the Russian Federation).

As a piece of real estate, land can be alienated and passed on by inheritance. A land plot can fall into the inheritance mass if it was in the property or lifetime possession of the testator.

Inheritance of unregistered land

Often, owners of land plots do not pay due attention to their documentation. This, as a rule, concerns the lands of dacha and garden cooperatives, plots for housing development, and so on. Although they actually own the land, they formally do not have documents for it.

This will subsequently create problems of inheritance - transfer of a land plot by inheritance is possible only in relation to plots owned by the testator.

According to the law, such land will not be included in the inheritance mass and the heirs will be left without a plot.

At the same time, judicial practice allows you to maintain control over areas if:

• there are buildings on the site that are registered as the property of the testator;
• title documents do not indicate the specific right under which such citizens own land. In this case, they are considered to have been granted ownership rights. In such a situation, the heirs must file a claim for recognition of inherited ownership of the land;
• if the heirs owned the plot equally with the deceased on the same basis as he, but did not register ownership of the land until the moment of his death.

Minimum and maximum sizes of land plots

The Land Code currently does not define the minimum and maximum sizes of a land plot. At the same time, Art. 38 of the Town Planning Code of the Russian Federation gives the concept of maximum (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects, which include;

1) maximum (minimum and (or) maximum) sizes of land plots, including their area;

2) minimum setbacks from the boundaries of land plots in order to determine the places of permissible placement of buildings, structures, structures, outside of which the construction of buildings, structures, structures is prohibited;

3) maximum number of floors or maximum height of buildings, structures, structures;

4) the maximum percentage of development within the boundaries of the land plot, defined as the ratio of the total area of ​​the land plot that can be built on to the entire area of ​​the land plot.

Other federal laws also indicate the legal significance of the minimum size of a land plot. So, according to paragraph 2 of Art. 63 of the Federal Law “On Mortgage (Pledge of Real Estate)”, it is not permitted to mortgage a part of a land plot, the area of ​​which is less than the minimum size established by the regulations of the constituent entities of the Russian Federation and regulations of local governments for lands for various purposes and permitted uses.

This context means that with the adoption of the Town Planning Code of the Russian Federation, the procedure for determining such maximum and minimum sizes has changed, if only because the code has combined the determination of the maximum sizes of land plots and parameters of capital construction into a single complex.

Now these requirements will be contained not in disparate legal acts of different levels and legal force, but in urban planning regulations, which are an integral part of the rules of land use and development (municipal legal act). In turn, land use and development rules must be developed taking into account the provisions contained in the territorial planning documents of the Russian Federation, constituent entities of the Russian Federation and relevant municipalities. Therefore, it is the urban planning regulations that will determine the maximum sizes of land plots and the parameters for the construction (reconstruction) of capital construction projects.

If it is necessary to divide a land plot, the size of which is recognized as minimal, it passes to the heir who has the priority right to receive this land plot against his inherited share. According to Art. 1168 of the Civil Code of the Russian Federation, an heir who, together with the testator, had the right of common ownership of an indivisible thing, a share in the right to which is included in the inheritance, has, when dividing the inheritance, a preferential right to receive, on account of his inheritance share, the thing that was in common ownership, before the heirs who were not previously participants in the common property, regardless of whether they used this thing or not. An heir who has constantly used an indivisible thing that is part of the inheritance has, when dividing the inheritance, a priority right to receive this thing on account of his inherited share over the heirs who did not use this thing and were not previously participants in the common ownership of it, as Art. 1169 of the Civil Code of the Russian Federation. Compensation to the remaining heirs is provided in the manner established by Art. 1170 of the Civil Code of the Russian Federation.

If none of the heirs has a priority right to receive a land plot or has not exercised this right, the ownership, use and disposal of the plot are carried out by the heirs on the terms of common shared ownership.

Inheritance of a non-privatized plot

Privatization is the right of any citizen to acquire ownership of a land plot, which he owns with the right of free use for at least 5 years, if such a plot belongs to a municipality, region or state.

If the plot is not privatized, it is considered not registered, since ownership rights to it did not arise.

At the same time, judicial practice provides for at least three conditions when heirs can register non-privatized land:

• there are buildings on it that can be recognized as the property of the deceased;
• the land was in the use of other heirs on equal rights with the testator;
• the deceased submitted documents for privatization, but did not have time to complete it. In this case, the heirs complete the procedure for privatization of the plots in court, after which they enter into inheritance.

Inheritance nuances:

Right of unlimited use

The land plot may not belong to the person, but be issued from the municipal fund. The owner is the local government body, and organizations have the opportunity to use the site indefinitely (Article 39.9 of the Land Code of the Russian Federation). Ordinary citizens rarely receive such land, and if they do receive it, they are not the owners.

According to general rules, the right to perpetual use of a plot of land is not inherited.

However, there are exceptions:

1. If a residential building, garden building or other construction projects were built on the land, instead of inheritance, it is possible to buy out the land.
2. If the testator started registering property rights, but did not have time to complete it due to death, the heirs have the right to continue what they started - disputes are resolved in court.

Heirs or buyers will have to request a copy of the grant of the plot for perpetual use to the testator.

Common shared ownership

There is one plot of land, there are many applicants... what to do? Quite often, the land is distributed among all applicants - each of them will have to properly register ownership.

First of all, you will have to agree on the transfer of the land into common ownership. If disputes arise, litigation cannot be avoided.

If there are several heirs, the procedure will be as follows:

1. Designate a plot of land.
2. Draw up an agreement on the redistribution of shares.
3. Draw up several copies of the agreement for all shareholders.
4. Register changes with the Rosreestr authority.

It is important to stipulate the procedure for using the land and establish passages/entrances to the territory. Read more about this and more in our article “How to divide a house and land that are in common shared ownership?”.

Mortgage, lease or easement

Contractual relations that arose during the life of the testator do not always end with his death. Certain restrictions and prohibitions are inherited (Article 617 of the Civil Code of the Russian Federation).

When preparing documents, the beneficiary needs to analyze the circumstances that relate to the inheritance.

By accepting the property of a deceased citizen, the heir assumes his obligations under a lease, rent, pledge or easement . Such restrictions continue to apply even after the heirs have assumed their rights.

Example. In 2000, the testator entered into a land lease agreement for 49 years. The agreement was entered into the register of the state real estate cadastre. The man died in 2010 - the inheritance went to his adult daughter. Considering that 10 years have passed since the lease, the woman can use the land plot under the lease agreement for another 39 years. During his lifetime, the tenant managed to erect outbuildings on the land. They also become the property of the heiress. Obligations under the lease agreement are retained in full - we are talking about the intended use of the land and making payments. Failure to comply may result in the lease agreement with the new tenant being terminated.

Can a tenancy end with the death of the tenant? Yes, if the lease agreement directly states this, the presence of such a clause excludes the possibility of inheriting a plot rented by a deceased citizen. Read more about this in the article “Inheritance of the right to lease a land plot.”

Are there any restrictions on the period of entry into rights? Yes. The heir must take over as a tenant within 1 year. Missing deadlines will result in automatic termination of the contract.

If there is an easement, it is necessary to take into account the legal requirements and practices of the region where the land plot is located. The order in which the land is used plays a key role—how will the heir dispose of it?

For example, he will process it himself, rent it out, or find a buyer for the land. An easement establishes the right to use the land, and if the new owner is against this option, he has the authority to terminate the easement.

Inheritance of leased land

Even those heirs whose testator used the land on a lease basis can retain the right to use the plot. Yes, Art. 617 of the Civil Code allows both the tenant and the lessor to maintain existing legal relations in the event of a change of parties.

The death of a land lessee is the basis for the transfer of the rights belonging to him to his heirs, unless the lease agreement stipulates otherwise. Therefore, the lessor has no right to refuse the heir to the land to change the identity of the tenant, at least until the expiration of the concluded agreement.

The lease is subject to state registration, so the transfer of rights under it should also be properly formalized.

If the condition for the termination of the contract is the death of one of the parties or its conclusion is conditioned by personal relations between the owner of the land and the deceased, refusal on the part of the lessor is acceptable.

If the owner of the land was the municipality, there will be no problems with extending the lease.

Inheritance of leased land

In order to inherit the rights to lease a plot of land, you need to know about the existence of some features of such inheritance.

If there are provisions in the lease agreement concluded with the testator for its termination in the event of the death of the tenant or lessor, the right to lease is not inherited.

The absence of such a clause means that the agreement continues in force and gives the heir the right to lease the land. In this case, the lessor has the right to make adjustments to the agreement.

Inheritance of the right to rent is carried out according to a testamentary document or, if there is none, by law.

If the heir does not exercise his right and does not inherit the leasehold right, then the land is returned to the municipality.

Author of the article

Registration of land as an inheritance

Regardless of the basis on which successors inherit land, registration of ownership of a land plot after the death of a relative must be carried out within 6 months from the date of his death (Article 1154 of the Civil Code).

The mandatory period for entering into inheritance begins from the date indicated in the death certificate or in a court decision if the person is declared dead.

The step-by-step procedure for registering inherited land includes the following steps:

1. Visiting a notary at the last place of residence of the deceased and opening an inheritance case.
2. Submitting an application for acceptance of inheritance and a package of documents. Let us dwell in more detail on what documents are needed for a notary to enter into an inheritance:
   heir's passport;
3. death certificate of the land owner;
4. documents confirming inheritance rights: will, marriage certificate, birth certificate, etc.;
5. extract from the house register at the place of residence;
6. cadastral and boundary plan of the site;
7. certificate of ownership, extract from the Unified State Register or other title documents;
8. valuation report as of the date of death of the owner;
9. agreement on the division of the plot between the owners (if any).
10. Waiting for documents to be submitted by other heirs.
11. Payment of state duty, which today replaces the tax upon inheritance, as well as payment for notary services. The amount of the state duty depends on the degree of relationship and, according to paragraphs. 21 clause 1 art. 333.24, is 0.3% of the land value for phases I and II and 0.6% for all other successors.
12. Receiving a certificate of inheritance from a notary indicating the share in the property of the deceased or specific property.
13. Applying to Rosreestr for the purpose of re-registration of the object.

The features of inheriting a single property complex “land + real estate” are discussed in the material “Registration of an inheritance for a house and land.”

Concept and legislative regulation

Inheritance as a civil law transaction is a form of transfer of property in which ownership rights to it are transferred to another person only after the occurrence of a certain event.
In this case, the parties to the transaction are:

• heir - recipient of property and its new owner;
• testator - a person who owns real estate and transfers rights to it.

The following events may be the basis for opening an inheritance:

• death of the property owner;
• officially declaring him dead.

Each of these events must be documented. In the first case, the supporting document is a death certificate, and in the second, an official court decision declaring the citizen dead.

Legislative regulation of inheritance is carried out using the Civil Code of the Russian Federation. In particular, Art. 1181 of the Civil Code of the Russian Federation establishes that the object of this transaction can be such real estate as a land plot.

Russian legislation provides for two methods of transferring property by inheritance, namely:

1. By law - in this case, the list of persons who will be able to receive property after the death of its owner is established by law. The distribution of property occurs in accordance with the order of inheritance, which is also established in accordance with regulations. In particular, the Civil Code of the Russian Federation provides for eight lines of heirs, depending on the degree of relationship with the deceased. The transition to each subsequent queue is carried out only if there are no representatives of the previous one. The division of property between heirs of the same line occurs in equal shares.
2. According to the will. This transaction is one-sided - with its help, the owner of the plot can independently establish the procedure for transferring it to other persons after death. He can not only determine the circle of persons who will have the right to receive this property, but also determine in what shares it will be divided (they will not necessarily be the same). Drawing up a will gives the landowner almost unlimited rights regarding the disposal of his property, however, in this case there are certain features. In particular, the legislation establishes a list of persons who are entitled to a share of the inheritance even if they were not included in the will. As a rule, these are disabled citizens and close relatives of the owner, whose rights are under special protection of the state.

It is also worth considering that certain requirements are imposed on the site itself as a piece of real estate that is being alienated. He will be able to act as an inheritance only if he meets these requirements.

Division of inherited plot

To determine whether land surveying is necessary between the heirs of the received land, one should take into account the size of the plot, its intended purpose and the number of successors.

If property is inherited by law and several heirs are involved in the procedure, they will receive the right to inheritance in shared terms. This means that the plot will also become their common shared property.

According to Art. 1182 of the Civil Code, the heirs have the right to divide the land among themselves by surveying the plot, but this is possible only in cases where the area of ​​each of the formed plots corresponds to the standards established for designated purpose lands.

The size of building plots within cities is regulated by local urban planning regulations.

If it is impossible to divide the land taking into account the minimum requirements, the holder of the right of preferential inheritance can register the plot as sole ownership.

The remaining heirs receive equivalent compensation, which will require an independent assessment of the land plot to determine the inheritance. It will allow you to establish the value of the land, from which the amount of compensation is calculated, depending on the size of the share.

If a person does not take advantage or there is no such person among the heirs, the land comes into the common possession of the successors.

Inheritance object

In the Land Code of the Russian Federation, a land plot is understood as an immovable part of the earth's surface that has special characteristics. The concept also applies to artificially created areas.

A territory can be divisible or indivisible. It all depends on the size of the object, its intended purpose and the number of co-owners. The minimum permissible indivisible area is determined for each region individually.

With the inheritance of a plot, ownership passes to: soil; isolated reservoirs located on the inherited territory; vegetation.

Peculiarities:

• Reservoirs of natural origin are not subject to inheritance, but only artificially created ones that have no connection with natural sources located nearby;
• if a forest grows on the territory, the site is federal property, and if shrubs or other plants grow, inheritance is possible.

The right to inherit a land plot arises if its owner (tenant) died or was declared dead in court.

With the inheritance of land, its new owner acquires not only the opportunity to use the object at his own discretion, but also responsibilities. To do this, you need to go through the inheritance procedure and register ownership with government agencies.

Problems with land inheritance

From the above, it becomes obvious that receiving and registering land as an inheritance can cause a lot of problems associated with both procedural issues and the object of inheritance itself.

The first and probably the main problem of inheriting land plots is their documentation. Citizens are often negligent about their rights, forgetting or neglecting the need to privatize their plots.

This problem is especially acute for owners of plots within dacha cooperatives and lands of reorganized agricultural enterprises. When resolving disputes about the inclusion of such lands in the inheritance, the courts experience significant difficulties.

And the presence of ownership does not mean the absence of problems. Thus, in order to inherit, the successor must have not only a certificate of ownership / extract from the Unified State Register of Real Estate, but also documents on the quantitative and qualitative composition of the land with a detailed description of the boundaries of the site (cadastral and boundary plan). If the data differs slightly from the official information, you will not be able to inherit the inheritance without a trial.

The inheritance of the right to lifelong ownership of land by several successors also causes controversy.

Neither the law nor the courts can give a clear answer as to how and in what order successors should organize such ownership.

Another eternal problem is non-compliance with inheritance deadlines. Citizens often wonder how to enter into an inheritance if many years have passed, because the actual period of 6 months has been missed.

In this case, the only possibility is to formalize succession through the court, proving that:

• the deadline was missed for valid reasons;
• the successor actually entered into the inheritance and throughout the entire time took care of the land, invested in it, took conservation measures, and so on.

Registration of inheritance rights

The realization of property rights occurs according to the general procedure for inheriting a land plot without obtaining additional permits. To register rights by several heirs at the same time, there are a number of features of the registration process.

Reference! According to the general rule, all legal successors will inherit the land plot on the basis of shared ownership. The division of shares is implemented according to the requirements of clause 1 of Article 1182 of the Civil Code of the Russian Federation.

When the dimensions of the land cannot be determined according to the minimum plot values ​​for a particular heir, the division is not permissible. Then inheritance of land plots can be carried out according to special provisions:

• by priority right of inheritance;
• the successor who has registered the inheritance rights to the entire land plot is obliged to pay compensation to other applicants, according to the disproportionality of their shares;
• If the priority heir refuses, the rights are transferred to the remaining successors, in accordance with the established conditions of common shared ownership.

Registration of land as an inheritance implies a deliberate step, on the basis of which the heir fully replaces the deceased citizen in all rights. The receiver automatically agrees to the transfer of all property located within the boundaries of the inherited plot. In accordance with Article 1153 of the Civil Code, there are two completely different ways of inheriting land:

1. Actual. It involves the heir carrying out a number of actions that indicate acceptance of the land plot.
2. Legal. Implemented through a notary's office, by means of a written application with a claim to receive a certificate of inheritance.

To receive paper confirming the right of inheritance, for verification purposes, the receiver is obliged to show the notary all available evidence of the property.

Occurrence and procedure for resolving disputes

Since land is a valuable property, it is often impossible to avoid disputes related to its division.

Art. 39 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities” obliges to obtain the consent of all interested parties in order to divide the land. Including even neighbors of adjacent plots. And this is difficult to achieve.

The most pressing issue that concerns heirs during division is the amount of monetary compensation. It is this that is most often the subject of disputes and the main reason for not signing a division agreement.

In order not to bring the matter to court, you can use the cadastral value of the plot and use it to calculate the cost of the plot, proportional to the size of the share that is due to the heir.

Important! If the heirs consider this value to be underestimated, they can contact an appraiser. Specialists will help you make a report on the market value of the site and estimate the amount of compensation.

The courts usually consider situations where heirs entitled to compensation do not agree with either the cadastral or market valuation of their share. In this case, an independent forensic examination is appointed.

There will also be litigation if the inherited plot contains houses and other buildings that technically cannot be divided among all heirs in the same way as land. For this reason, it will no longer be possible to get by with a simple division of plots by agreement.

In this case, the notary issues certificates to all heirs, which establish each person’s right to a share in the land and house. After registering a share in Rosreestr, the participants in such shared ownership have the right to enter into an agreement to allocate the share in kind.

If it is technically possible to divide an existing house into ownership for two or more owners, with separate entrances and exits, then this issue is resolved through an agreement. If such an allocation in kind is impossible, the question arises of how much you can sell your share to another participant in the common property.

When dividing land plots, disputes also arise. They relate to the size of the allocated plots. Despite the very clear instructions of the law on size limits, not all heirs agree with them.

In this regard, the heirs, believing that the number of square meters of land required by law is not enough for them to meet their needs, begin to demand that others buy out their share. Often they indicate a price that does not correspond to the actual cost.

At the stage of dividing a plot, it is difficult to reach an agreement on this issue, so such issues are decided by the court, based on the reports of appraisers, the results of forensic examinations and the requirements of the law.

Procedure for submitting documents to court

There are almost no alternatives other than litigation for resolving disputes in inheritance cases. To go to court, the heirs will need to draw up an application. It may be about the allocation of a share in kind or about establishing the size of shares in inherited property.

A statement of claim can be filed if there is a dispute about the boundaries of the allocated areas. The application will need to be accompanied by documents received from the notary when entering into an inheritance: certificates, division agreement.

In disputes over disagreement with the amount of compensation, you will need to attach reports on the market value of the share, if they were compiled, and an extract from the Unified State Register of Real Estate, which indicates the cadastral value of the land. If a dispute has arisen over the impossibility of allocating in kind a share in a house located on land transferred by inheritance, then it is recommended to submit a technical opinion on the impossibility of such a division.

When the heir goes to court because others did not buy out his share of the land after the agreement was concluded, he will need to prove that he sent them a buyout offer indicating the price.

In each of these cases, the court will tell you what other evidence you can substantiate your claims. Since claims of this type are always of a property nature, the law requires payment of a state fee. It is calculated based on the value of the property about which there will be a trial (it can be clarified in the extract from the Unified State Register of Real Estate).

Arbitrage practice

Of course, it is possible to resolve all issues peacefully, but often in modern society, in tragic life situations, we become witnesses to mercantilism. This is a very sad fact, but it is precisely this that drives the couple’s relatives and friends in the process of dividing the inheritance. This is especially acute in situations where the testator did not take care to draw up a testamentary letter. Such issues are then referred to the court for consideration.

As for the court’s position, everything is in accordance with the law. Of course, it cannot happen without debate between the parties involved in the case. Each of them has its own evidence of one or another right to own the inheritance. During the consideration of the case, the court listens to all opinions and arguments, as a result, guided primarily by the regulations of the legal acts, the court makes a decision on the distribution of inherited property.

Basic provisions

In the legal sense, a land plot is a territory whose characteristics and boundaries are fixed at the state level. If the size allows for the allocation of several plots if necessary, then the object is assigned the status of a divisible territory. An indivisible plot is recognized at a minimum size established at the local level.

Read: How are site boundaries determined?

According to Article 6 of the Land Code of the Russian Federation, a land real estate property has the following attributes:

• soil layer;
• inland waters;
• vegetation.

Individuals cannot own forest areas, since they are federal property. To dispose of possession, a certificate of title or other documentary evidence is required. The right to use or lifelong ownership of an allotment is inherited. Heirs can be individuals, legal entities or government agencies. The latter become the new owners exclusively by will.

Which plots cannot be divided between heirs

Not all plots can be divided during inheritance. Only divisible things are allowed to be divided. Divisibility means that, in the event of division, the allocated portion of the land will be able to be used for its intended purpose, and that each owner will have his own driveway or passage.

The minimum allotment of land when dividing a common plot directly depends on the purpose of its use - for building a house, a vegetable garden, for rural needs. The laws of each individual region of Russia provide for different maximum sizes.

Reference. In the Irkutsk region, the allocation of land plots for individual housing construction in an amount of less than 400 m² and more than 1500 m² is not allowed. In the Moscow region, these sizes will be larger - from 600 m² (lower limit) to 0.5 hectares (upper limit).

Such requirements for the size of plots are established to prevent excessive fragmentation of plots and their strong consolidation. Each person should be able to cultivate the amount of land that he received as property.

The purpose of the plots also affects the ability to use them later in a certain number of square meters. It is physically impossible to build a house on a small plot of land, less than four acres.

An important circumstance is the availability of free access to each of the allocated areas after division . Often, after dividing the plots, it turns out that the passage remains only to one of them - and there is no other access, only through the adjacent one, which already belongs to another person.

Such situations give rise to disputes, which then result in litigation. Therefore, already at the stage of formation of plots by cadastral engineers, the issue of access to them is one of the first to be resolved. And if it is not there, then the section will most likely be refused.