What is land share and how to determine it in 2021

What is meant by the term “land share”

A land share is considered property of a special nature, which is used for organizing and running a peasant (farm) economy. It represents an area calculated in hectares or points without defining boundaries on the ground. Thus, a land share is a plot of land that is in common ownership of an agricultural plot.

It should be mentioned that Russian legislation distinguishes two types of common property:

shared, when the size of each participant’s property is clearly defined;
joint - without establishing parts.

Price

This section refers to an expensive procedure. In this case, the state duty must be paid twice: once for registering an entire plot, and the second time – directly for the division and registration of a new plot. Most of all you need to pay for preparing a boundary plan. The cost of services varies among companies engaged in this type of activity. Moreover, it can differ by 3 or more times. But you shouldn’t look for the “cheapest” specialists, since inaccuracies in the work can later lead to even greater expenses on the part of the owners.

Land share and share in ownership of a plot: main differences

People often consider the concepts of a land share and a share in the ownership of a land plot to be identical, although from a legal point of view it is the second option that is considered more correct.

The first concept is more applicable to agricultural land. In addition, such a plot can be obtained as a result of the privatization of agricultural land, and the initial owner in this case is always an individual.

The share in the right to a land plot, in turn, includes the right to:

the physical side of the property;
part of its cost;
income.

Also, along with real estate, it is assumed that other rights and obligations will be acquired.

Important nuances

The main ideas to take away from the article are the following:

The term “Land Share” means a share that is part of the collective ownership of farmland. Applicable only to agricultural lands.
The list of persons entitled to a share was regulated by a legislative act approved on September 4, 1992.
The main feature of any plot is its location, i.e. its address, and its area determines the cost.
The procedure for conducting transactions for the purchase and sale of a plot is regulated by a document such as the Land Code.
To avoid land disputes with neighbors, it is better to demarcate the boundaries.

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Difference between "share", "share" and "part"

A share is a clearly defined part of something. It is expressed in percentages, fractions, natural or conditional indicators.

The term “part” is also sometimes used in this sense, when they say, for example, 1/2 of a plot. However, most often it implies the physical aspect of the object - the half of the site allocated in nature.

The concept of “share” is usually used when talking about registered securities.

Find out in more detail what a land share is.

For which plots can common shared ownership be registered?

The right of common shared ownership may arise as a result of:

concluding a contract of sale or donation;
inheritance of the right to a plot by several persons;
formation of a peasant (farm) economy;
joint privatization of the territory under the MKD;
privatization of plots of collective farm land.

From the above it follows that the right of common shared ownership arises not only for agricultural land, but also for plots belonging to other categories.

Establishing a share on a plot

In most cases, the size of the parts belonging to all owners is the same, so the powers of the owners of land shares are equal.

At the same time, the law does not prohibit setting different indicators, for example, 70 to 30 or 60 to 40. The percentage expression is prescribed in a contract, will or other document. Then each participant has the right to claim only that part that belongs to him.

Find out what criteria determine the procedure for using a land plot.

Basic rules when using land

The legislation provides that all participants in shared ownership use the property within the framework of the agreement reached by them (clause 1 of Article 247 of the Civil Code of the Russian Federation). Problems arise when owners cannot agree on how and in what order the common area should be used. You can resolve the conflict as follows:

Decide on the goal: allocating a real or ideal share. An ideal share is a classic version of shared ownership. The documents indicate that the owner owns a certain part of the plot - in the form of a fraction (1/2, 1/4, etc.). The real share (or taking out in kind) is a part of the land, with boundaries officially established on the ground.
Try to resolve the conflict peacefully. You can resolve the dispute yourself or with the invitation of an expert. The decision made on the procedure for using the site is recorded by agreement in writing.
Go to court if the problem cannot be resolved peacefully.

Setting boundaries

The process of conflict resolution should begin by defining clear boundaries of the disputed area. The exact coordinates of the object are indicated in the cadastral passport. To draw up a document, a land surveying procedure is carried out, which records:

total area of the site;
coordination of its boundaries with neighboring areas.

Land surveying is carried out by a cadastral engineer (from the territorial branch of Rosreestr or a licensed private company).

The specialist takes the necessary measurements and places the boundaries of the site on the ground. This means that special boundary signs are being installed that reflect the exact location of the land property. All received data is recorded in the cadastral passport.

How to determine boundaries on the ground?

How to determine the boundaries of land according to shares? If the participants in shared ownership agree to a formal division of land plots (in proportion to their shares), then the cadastral engineer can also mark the internal boundaries of the land. In this case, boundary markers will determine the specific location of each owner’s share. All measurements are documented.
In the case where it is impossible to allocate a real share in the plot, or the participants disagree with the formal allocation of square meters of land, the conflict can be resolved in another way: by signing an agreement.

Conclusion of an agreement on shared use of storage space

This is a pre-trial option for resolving a dispute. All participants in common ownership must determine a clear procedure for using the site: what remains in joint ownership (common use territory), what goes to each specific owner.

The agreement reached is secured in a written agreement on the procedure for use. It should contain:

information about all owners;
data on the size of shares owned by each (with reference to title documents);
a list of conditions on which agreement was reached;
signatures of the parties to the agreement and the date of its conclusion.

Note! The agreement does not require mandatory notarization.

If you cannot independently establish the rules for disposing of the land, you can conduct a land management examination.

Conducting land management examination

As part of the procedure, the expert develops several options for using the land plot. The decision is made taking into account the interests of all parties to the dispute and based on current legislation.
Options for using a land plot may include the right to individual disposal of certain parts of it by each of the participants separately, as well as common (joint) ownership of certain territories (for example, for the passage of persons, or the passage of cars, etc.).

Based on the expert’s opinion, an agreement on the joint use of the site is also drawn up. If the expert’s services do not help - one or all owners do not agree with his conclusion, the dispute is resolved in court.

Going to court if it is not possible to reach an agreement peacefully

The legislation allows for the resolution of land disputes through the courts in cases where it was not possible to resolve the conflict peacefully.

Where to file a claim?

Such disputes are resolved by a magistrate (Article 23 of the Code of Civil Procedure of the Russian Federation). The claim is filed in the magistrate's court at the address of the location of the land plot (part 1 of article 30 of the Code of Civil Procedure of the Russian Federation).

What to include in the claim?

Specific requirements for the content of the claim are established by Art. 131 and art. 132 Code of Civil Procedure. In particular, it must contain:

court details;
information about the plaintiff and defendant;
subject of the dispute (determination of the order of use of the site);
a detailed description of all the facts and events that led to the trial (violation of the order of use of the land plot, or the impossibility of determining such an order, as well as information about attempts to voluntarily resolve the dispute);
The plaintiff's demand is to determine the procedure for use.

What documents should I attach?

The following documents must be attached to the claim:

confirming ownership of the share;
a receipt for payment of the mandatory state fee;

Spending

When filing a claim, you will need to pay a fee of 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).

Judgment

When considering a case, the court relies on the established procedure for using property. Formally, it may not correspond to the established shares.
Additionally, the following are taken into account: the need of each co-owner for a plot of land, the real possibility of joint use. (paragraph 2, paragraph 37, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8). Based on the results, a decision is made, which is recorded in the form of a document. It will spell out the specific procedure for using common property. This is an official legal act. When transferring a share (by sale or gift), the assigned right to use the site will be transferred to the new owner in full.

Legislative regulation of issues related to land

All legal relations that are associated with property that is in common shared ownership are subject to.

If we are talking about agricultural lands, such relations are also regulated. In accordance with its provisions, participants can perform the following actions:

Give up ownership.
Bequeath your property.
Contribute real estate as authorized capital.
Transfer the plot to trust management.
Sell or donate your part of the land to another participant.

Surveying

The procedure is carried out by a land management organization that has permission to provide the relevant services. To carry out land surveying, owners need to submit an application and sign a contract.

During land surveying, the boundaries of the plot are determined if the data available in the State Real Estate Cadastre is insufficient either for the division and allotment of the land share, if the plot is owned by several persons.

Before surveying, the cadastral engineer must perform the following actions:

Obtain an extract from the cadastre for the original plot of land.
Request a cadastre plan.
Study the title documents for common property.
Assess nearby lands that border the plot to accurately place the original zones so that boundaries do not overlap.
Establish the need for field work. During field work, the boundaries of the site are determined, as well as the coordinates of new plots, a draft plan is prepared, and different options for new areas are reflected.

Title documents for property

Since land is the object of civil legal relations, ownership rights to it are confirmed by documents established by law:

certificate of title to a land share (issued before 1997);
an extract from the decision of the local government on the privatization of agricultural land;
extract from the Unified State Register of Rights to Real Estate and Transactions with It.

Currently, only the latter document makes it possible to dispose of one’s property without any restrictions.

Unclaimed lands

The share may be considered unclaimed. But only if the owner did not use the land personally, did not rent it out or otherwise dispose of it for three or more years. Basically, these include shares of land plots whose co-owners have died. But they had no heirs.

Local authorities create a list of relevant shares, publish them in local media, and then transfer them to the general meeting of property participants. The shares are considered unclaimed from the moment this list is approved. After a meeting of owners, local authorities can go to court to recognize the share as belonging by right of ownership to the municipality. If the court makes a positive decision, then the share can subsequently be purchased from local authorities.

Features of land allocation

One of the options for creating a new site is to separate a part from the territory that is in shared ownership. During this event, plots arise that receive unique cadastral numbers.

The initiator of the allotment receives rights to a new plot and can no longer lay claim to the previously existing one. Other participants retain their rights to the plot, taking into account its changed boundaries.

In what cases is separation necessary?

There are two reasons why you should make a distinction. Typically this happens if:

participants in shared ownership cannot agree on the procedure for using the property;
one of the owners wants to dispose of the part belonging to him at his own discretion: sell or donate to a third party;
use as collateral;
engage in farming activities and so on.

Basic principles of division of shared property and allocation of shares

Civil legislation defines the following principles for the division of common property and the allocation of its parts:

each participant in shared ownership has the right to demand the allocation of the part belonging to him;
property is divided by agreement of the parties;
in cases where the participants fail to reach an agreement regarding the division of the property, each of them can apply to the court to protect their rights;
if it is impossible to divide the property without causing significant harm, the initiator of the procedure has the right to ask other participants to compensate for its cost;
payment of compensation is possible only with the consent of the participant in shared ownership;
if the part is so insignificant that it cannot be allocated, the court will order payment of compensation without the consent of its owner;
When receiving compensation, a person cannot lay claim to his/her allotment.

Features of the allocation of agricultural land

The law provides the following conditions for the allocation of parts from agricultural territories:

The process must not contradict the requirements for the formation of sites established by law.
An allotment can be formed by a decision of the general meeting of participants, provided that it also approves:
list of owners;
the size of their parts.
In the absence of a decision of the general meeting, a person is obliged to notify the other owners in writing of his intention to allocate his part.
The size of the allocated plot is determined on the basis of title documents.
The size and location of the plot boundaries should be agreed upon with the cadastral engineer.
The newly formed plot must be registered in the cadastral register.

Share allocation

The list of persons entitled to a share (land) was regulated by a legislative act approved on September 4, 1992.

workers of any agricultural enterprises;
pensioners of rural farms living in them;
rural social workers;
workers who are absent (temporarily) but have the right to return;
workers who were laid off (retrenched) after 01/01/1992.

The size of the share did not depend at all on the length of service of the employees or on their labor contribution, but was determined only by legislative acts. The standards were regulated by local authorities taking into account natural conditions and features. Within one agricultural enterprise, the shares of plots should have been equal.

Important characteristics:

The main feature of any site is its location, i.e. its address. This circumstance affects the attractiveness of the plot as a property, as well as its market value. It is for this reason that cadastral registration and registration are carried out at the location of the object itself;
The area of the plot determines its value. The significance of this feature is that the delimitation of land may contribute to the emergence of disputes.

According to the meaning laid down by legislators, a land share is a formal object. It is distinguished only by the boundaries that are designated during cadastral registration.

To form a share, it is necessary to register the plot, confirm it with a cadastral passport, and then register it with the relevant authorities, receiving a state registration certificate.