How to register a share of a land plot as property

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A plot of land may belong to several persons. Each of them has the right to use the land at their own discretion, but to dispose of their share it is necessary to register the land as their own. The registration procedure is a multi-stage, complex process, consisting of the allocation of a share from joint property, redistribution of rights and obligations.

Is it possible to allocate a share of land as property?

According to the legislation of the Russian Federation, common property can be shared and joint.

If the title documents do not define the share of each of the co-owners, they use the site jointly. An example would be the jointly acquired property of spouses. Acquiring a plot of land during marriage gives both the right to use it at their own discretion.

In the case of shared ownership, everyone has the right only to a certain part, which is documented. For example, in the event of receiving an inheritance, the legal successors may receive 1/4, 1/8 or another part of the land plot.

By default, common property is shared (clause 3 of Article 244 of the Civil Code of the Russian Federation), except in cases where the law provides for the formation of joint property (for example, matrimony).

Each of the shareholders may have a desire to dispose of their share: rent it out, sell it, donate it, bequeath it. To do this, it is necessary to register ownership. You can register a share for yourself only if it is possible to actually separate it from the common plot.

Difference between partition and allotment

When a land plot is divided, the original property ceases to exist. According to Art. 11.4 of the Land Code of the Russian Federation, as a result of the division of common property, all co-owners will have the right to use the newly formed plots.

If we are talking about allocation, everyone will be able to use their plot within the limits of the share allocated to them.

As a result of the allocation of a share, the common area is preserved, only the boundaries change.

Land ownership - what the law says

The division of shares is carried out either by agreement of the parties or in a court hearing. The fundamental principles of shared ownership are set out in Art. 244 Civil Code of the Russian Federation. Real estate - namely, a plot of land owned by several owners - is registered as common property. When the specific size of the share of each owner is clearly defined, the property is recognized as shared property. If the ratio of shares is not distributed - joint.

The legislator explains that in some cases listed by law, jointly owned property cannot be divided between the owners. If real estate is not indivisible, shared ownership may be established on it.

Preparation for registration of a share in property

Having started the process of registering a share of a land plot as a property, it is necessary to resolve some issues.

Is the plot divisible?

Plots can be divisible and indivisible.

According to Art. 133 of the Civil Code of the Russian Federation, an indivisible plot is one the division of which is impossible without violating its purpose or damaging it. As a result of the distribution between the owners of such lands, the possibility of their rational use will be lost, sanitary standards and environmental protection requirements will be violated. Also, for certain categories of land, a minimum area has been established. If this results in the formation of areas that cannot be used for their intended purpose due to their small area, the division is not carried out.

In most regions of the Russian Federation, the minimum land sizes are:

for gardening, vegetable gardening - 4 acres;
for the construction of a summer house - 6 acres;
for farming - 15 acres;
for personal farming - 10 acres.

The dimensions of the plots formed as a result of the division are determined by the cadastral engineer. If it is determined that the share being formed is too small for allocation, the shareholder may be awarded compensation.

Divided areas retain their functional purpose after the division.

Are there any buildings on the site?

If there are residential buildings or agricultural objects on the land, the issue of registration of ownership rights is resolved with the co-owners of the property.

How to agree on a division with other shareholders

Each person’s share can be allocated by agreement of the parties, guided by the established order of land use. If it is not possible to allocate shares by agreement, the issue is resolved in court. It will be necessary to prove that the refusal to allocate a share is unfounded.

What can be the allocated share?

allocated to the property can be real or ideal.

Real - installed directly on the ground. This is a part of the land with boundaries established “in kind”. At the same time, the site should not lose its functional purpose.

The ideal area is a fractional number on paper, such as 1/2, 1/4, or other. The owner knows what is owed to him, but cannot see his share in kind.

A plot of land can be allocated for ownership if there is no direct prohibition on this, it is divisible, and the rights of third parties will not be infringed.

Which land plots are not subject to division?

Land objects are recognized as indivisible if, after division:

lose statutory application;
become impossible to use;
are less than the area permitted by law.

For example, the land is intended for agricultural work or housing construction. On the shares of the plot formed after the division there should also be an opportunity to build a house or engage in agriculture/farming. A separate convenient passage must be organized for each landholding. Each newly formed plot must meet sanitary and fire safety requirements.

The area of new plots after division cannot be less than legally established for land plots. Land use rules and minimum land holdings are regulated by local authorities.

How to allocate a share in property by contract

You can allocate your share by agreement. To do this, it is necessary to gather all shareholders and discuss the allocation of part of the plot. If no one objects, an agreement is concluded.

Procedure

Announce a meeting of shareholders , make sure that no one is against the allocation of a share from the common shared property. As a result, minutes of the meeting are drawn up, where all participants sign.
Carry out land surveying work. The determination of the boundaries of the plot is carried out by a cadastral engineer on a paid basis. When establishing a site in situ, the presence of all owners or their representatives by proxy is required.
Make agreements in writing. The document must be signed by all owners of the land plot. At the initiative of the parties, the agreement can be certified by a notary.
Submit documents to Rosreestr to assign an address to the site. The waiting time is within 18 days after acceptance of the relevant application.
Include the plot in the state real estate cadastre (USRN) and register ownership.

Cadastral passports for residential properties are issued at the technical inventory bureau, and a passport for a plot can only be obtained from Rosreestr.

Rules for drawing up a contract

An agreement (agreement) between the owners is required to be presented to the registration chamber as a title document for registering a share.

The document states:

information about all parties to the agreement (full name, passport details);
information about the plot to be divided: address, cadastral number;
details of title documents;
land category;
data on the area of the previous and newly formed site;
the amount of compensation if one of the shareholders was allocated funds towards the share;
information about mutual agreement on the allocation of shares.

Sample:

After completing the agreement, you can contact Rosreestr.

Obtaining a share of land in ownership through the court

The division of land becomes a real problem if some owners are happy with everything and others are not. There is only one way out - to resolve the dispute in court. The verdict may not suit everyone, but the division will be done fairly, taking into account the following factors:

the size of each person's share;
technical characteristics of the land plot;
the established procedure for use;
the results of the examination on the possibility of division.

The court is considering several options for division. The priority is the division method in which the shares of land in the common property, indicated by a fractional number, will correspond to the size of the allocated areas.

During the division process, each owner must have access to their plot.

If it turns out that the share is small and it is not possible to allocate the plot, and the owner does not have a significant interest in its use, the court may oblige other shareholders to pay him compensation.

Where to go

The claim is filed at the location of the property (land). The case is considered by a magistrate if the value of the claim is less than 50 thousand rubles , and a district judge - if the price of the claim is higher than the specified amount.

Drawing up a claim for the allocation of a share of land in kind

The purpose of filing a claim is to allocate a share of the common property in kind. Litigation is a last resort; on the eve it is necessary to make attempts to resolve the issue by contract, and documents confirming the impossibility of reaching an agreement must be attached to the claim.

The form and content of the document must comply with the standards established by Art. 131 Code of Civil Procedure of the Russian Federation. The structure is like this:

In the upper right corner - information about the judicial authority (name, location); information about the plaintiff, defendant. The full names of both parties, residential addresses, and contact information are indicated. If the case is represented by an attorney, information about him is entered.
The title of the document is “Statement of Claim for the Allocation of a Share of a Land Plot.”
The essence of the claim. The document indicates who is the owner of the site and the shares of each owner. The following is a description of the object: address, cadastral number of the land plot. The size of the allocated share is indicated. Justifications for the requirements are provided.
Request for allocation of a share of land in kind.
Date and signature.

The claim should emphasize that attempts were made to settle the relationship out of court, but they were unsuccessful.

Sample claim:

The plaintiff’s task is to convince the court that the allocation of a share in kind is possible, and the obstacles put forth by the defendant are unfounded. If it is determined that the rights of other participants will not be violated during the allocation of the share, the court will side with the applicant.

A judgment is a document that must subsequently be provided to register ownership.

Cottage communities: public lands

Previously, I considered the legal problems and gaps in the legal regulation of such an uncertain phenomenon as “cottage communities” https://zakon.ru/blog/2020/6/5/kottedzhnye_posyolki_rossijskoe_pravo_nedvizhimosti

More and more Russian megacities are expanding, in particular, in the form of the emergence of low-rise development areas, actually villages with their own way of life. As a rule, these settlements are initially created for the permanent residence of citizens, and all land plots within this area are categorized as lands of settlements for the construction of individual residential buildings, and the cottage settlement itself becomes, according to town planning documents, an integral part of the corresponding municipality.

Today, a basic law has not been adopted that would resolve a huge layer of problems in such settlements, primarily property and land issues, which gives rise to a huge number of legal disputes and inconsistency in court practice on this issue. One of these problems is the uncertainty of the regime of public lands (territories) in relation to these settlements.

In the Russian Federation, public lands (territories) (they are also called public lands) are limited in civil circulation, that is, such land plots cannot be privatized or owned by legal entities and citizens (Clause 2 of Article 129 of the Civil Code of the Russian Federation, clause 12 of article 1 of the Town Planning Code, clause 12 of article 85 of the Land Code of the Russian Federation). Although in the science of domestic civil law there are positions of modern civilists who consider public lands as objects completely excluded from civil circulation, since the owner of such things can only be a public entity - the state or municipality in the interests of society, one and all. However, the Supreme Court of Russia considers them precisely as objects limited in circulation (for example, determinations of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 22, 2009 No. 5-G09-56, dated December 5, 2018 No. 308-KG18-19589 ). By the way, in pre-revolutionary Russian private law such lands were also considered as limited in civil circulation, while separating the concepts of trade and civil circulation (see in particular the works of Yu. S. Gambarov).

The establishment of such a special circulation regime in relation to them is due to the need to ensure unhindered and free use of these objects for an unlimited number of citizens and legal entities. The Supreme Court of Russia consistently asserts in specific cases that the use of public lands is aimed at ensuring public interests, free access of citizens to places and areas of public use, including green zones, natural objects intended to satisfy the general interests of the population, therefore privatization (transfer of ownership to individual citizens and legal entities) of such lands is prohibited (for example, paragraph 18 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2017), approved by the Presidium of the Supreme Court of the Russian Federation on November 15, 2017). Also, the legislator and the courts separately emphasize the gratuitous use of such real estate for citizens (for example, paragraph 1 of Article 28 of the Federal Law of November 8, 2007 No. 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation", resolution of the Federal Arbitration Court of the West Siberian District dated July 1, 2008 No. F04-3241/2008(5552-A27-9)).

All of the above guarantees and restrictions in the form of imperative norms of civil and land legislation are easily avoided by developers (sellers) in so-called cottage villages. As a rule, a developer acquires at auction one large plot of land, which is owned by the state government or a municipality, then divides this large plot into many smaller individual plots, builds private houses, community infrastructure and forms public lands (territories) in in the form of highways, squares, parks, embankments, areas for the location of a transformer substation and containers for household waste. However, instead of transferring ownership of these public lands formed by the developer in favor of all residents (owners of individual plots) of the cottage community or into public ownership, the developer reserves the rights to them or transfers them to an affiliated legal entity (most often a partnership of real estate owners, TSN ). Next, the systematic extraction of profit by the developer or TSN begins in the form of actual collection from each owner of the site (resident) of payment for travel or other use of public areas.

The most interesting thing is that in the Unified State Register of Real Estate (USRN) and the Public Cadastral Map, such public land plots are registered precisely as public land (territories) by category and purpose. But in violation of the above norms and the conditions of the absence of alternative public roads in the settlement for access to their plots, the owners of such lands (roads) are recognized as legal entities (developers, TSN) or a separate group of citizens who impose rules of use and fees for all other residents.

Defending their rights for the unhindered and free use of such real estate, a group of citizens - residents begin to file a claim in the courts against the formal owners to correct the Unified State Register and recognize the ownership rights of all residents, owners of private lands of a separate settlement. Also, trying to defend their rights, citizens ask the prosecutor to intervene in such cases to protect the rights and freedoms of an unlimited number of people and public interests. Practice shows (at least in the Moscow region) that prosecutors consistently refuse to enter into legal proceedings, allegedly not seeing any violation of public interests. Thus, for now the formal approach has prevailed and the residents of such cottage villages are not protected by the state and are forced to independently defend their interests in the courts. In this case, there is a great risk that the court will refuse to satisfy such a claim within the framework of civil proceedings on a formal basis - the plaintiffs lack the authority to protect the interests of an unlimited number of persons, since the latter are not state bodies or local governments with the corresponding public powers.

In this case, it is possible to file an administrative claim in court with public authorities, where the subject of the demand would be to impose an obligation on the latter to ensure the right of citizens to free and free use of public lands (territories). In turn, local government and state authorities have the authority to purchase (seize) such land plots from private individuals (developers, TSN) in accordance with Art. 238 (redemption of things limited in circulation) or Art. 279 Civil Code, para. 9 hours 2 tbsp. 49 of the Land Code (withdrawal of land plots for state or municipal needs). At the same time, there is a high probability that public authorities will subsequently demand that residents demolish the fence (barriers) at the entrance to the cottage community, given its inclusion in the status of an integral part of the boundaries of the municipality.

To summarize, we can safely say that today there are no institutions in the current legislation that would effectively resolve these issues and protect the rights of residents in such settlements.

Documents for the claim

The application is submitted along with a package of documents:

passport (copy);
a protocol on the results of the meeting of owners;
title documents for the share;
technical documentation for land;
other documents confirming the information stated in the claim;
receipt of payment of state duty.

If the application rules are not followed, the claim may be sent for revision or left without consideration.

State registration of real estate

To register the formed plot as property, you must contact Rosreestr with the following documents:

passport;
application (a sample is issued at the place of application);
an agreement signed by all shareholders, or a corresponding court decision;
title documents;
cadastral passport.

If the new site has not yet been assigned an address, a document is submitted indicating information about the previous site.

Registration is completed within 10 days (through the MFC - 12 days). As a result, the owner is issued an extract from the Unified State Register of Real Estate, containing information about the registration of the property in the cadastral register and registration of ownership rights.

Division of the plot by agreement of the parties

If the parties agree with the division or allocation, it is necessary to invite a cadastral engineer to agree on new perimeters. The specialist will develop a land survey plan and document the location of their boundaries. The project must be agreed upon and approved by all participants in the section. To do this, the cadastral specialist is obliged to ensure that all property owners can familiarize themselves with the project.

It is also permissible to make clarifications or suggestions for improvement. The cadastral engineer informs the owners in advance about the place and time of approval of the land surveying project. A month must pass from the date of notification. If during this time no objections are received regarding the land boundaries and location of the formed plots, the project is considered approved.

Based on the approved land surveying project, a cadastral engineer travels to the area and carries out the removal of plot boundaries “in situ”. Boundary signs are placed on the plots, which are registered by an engineer and entered into cadastral records. The owners are given a deed indicating the exact coordinates of the boundary markers.

The engineer duplicates the finished reorganization plan in electronic form for transmission to Rosreestr. Also, information about changes is entered into the territorial land management authorities. The paper version of the plan is handed over to the owners of the land plots along with the act of coordinating the boundaries with the neighbors.

Next, it is necessary to draw up a division agreement with all owners. The document will indicate:

data of all owners;
address and cadastral number of the land plot;
consent to division;
indication of the method of division;
financial obligations of each party.

To register the land formed from the share in the cadastral register, you need to submit an application to the local land committee or the city construction department. The application is accompanied by a land survey document, ownership of a share in the divided property, a cadastral passport and a division agreement.

The result of consideration of the application will be new postal addresses assigned to the newly received sites. The following is the procedure for legitimizing the formed plots and registering them as property.

To register a new land plot with Rosreestr, the owner of the share submits an application with a request to deregister the old one in connection with its reorganization. It can be done:

in the state institution “My Documents” - MFC;
on the State Services portal;
by personally contacting the territorial department;
by mail.

At the same time, the need to register the newly formed land plot should be indicated. The following documents are attached to the application:

certificate of ownership of the share of the old site;
land surveying;
consent of the owners of the old plot to the division;
passports.

New shares are assigned cadastral numbers. The owners will receive an extract from the Unified State Register of Real Estate on the registration of the land plot. After the legalization procedure, you can contact Rosreestr at the location of the site or via the Internet for a cadastral passport.

Directly from the territorial department you will receive the original document with all the necessary stamps and signatures. If you order a document on the website or by mail, be prepared to have copies certified by a notary.

Deadlines

If it is intended to allocate a share on a voluntary basis, it is necessary to gather all owners to obtain consent. If it is impossible to collect, the shareholders will have to be notified by letter of notification. The waiting period for a response is 1 month.

Land surveying work can take from 2 to 6 weeks depending on the availability of land and technical difficulties in allocating a share.

If the issue is resolved in court, the review process will take up to 2 months.

Price

The main cost item is land surveying work. On average, the price of work related to geodetic determination of the boundaries of shares no larger than 0.4 hectares will be about 30 thousand rubles. The work involves measuring the land plot, preparing a layout diagram for the cadastral plan and drawing up a boundary plan.

Work to restore the borders will cost an average of 2-3 thousand rubles. per point.

A separate cost item is state duty.

When filing a claim, you will have to pay a state fee. Its value is calculated in accordance with clause 333.19 of the Tax Code of the Russian Federation and ranges from 400 rubles. up to 60 thousand rubles. depending on the cost of the claim. The latter is defined as a part of the total cost of the site, commensurate with the owner’s share in the property.

Additional costs will arise in connection with state registration of real estate. The state fee for registering land will be 350 rubles. (clause 1.24 of article 333.33 of the Tax Code of the Russian Federation).

What to do if the house is in shared ownership, but the land is not

One of the questions that arises among shareholders is what to do if a share in the house is allocated, but the land is not registered? According to the law, the share of the plot on which a residential building is located, which is in shared ownership, is determined based on the size of the shares of the citizens who are the owners of the house.

To register land, you must:

determine the size of the share of each co-owner in housing construction;
discuss with other shareholders the possibility of division;
draw up an agreement and have it certified by a notary (optional);
carry out land surveying work;
certify the technical documentation for the land plot and submit documents to Rosreestr for registration.

When contacting Rosreestr, you must provide the written consent of the remaining shareholders to allocate the plot of land into ownership.

If it is impossible to reach an agreement, you should file a claim for the allocation of a share in kind with subsequent registration of ownership of the land. The court will make a positive decision if the division does not contradict the interests of the remaining owners of the house.

Failure to comply with the procedure for registering a share in property may result in land transactions being declared invalid. Then all the costs associated with land surveying and obtaining official documents will be in vain. Do you want to complete the transaction without any further problems? In order to comply with the procedure established by law, taking into account all changes in the civil and land codes, you need to contact a lawyer from the site ros-nasledstvo.ru. Consultation is provided free of charge.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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The bill will solve the problem of legalizing self-built residential buildings

Following the first wave of “dacha amnesty,” the law will solve a long-standing problem when people are unable to legalize and register their housing, built during the Soviet period. At the same time, “dacha amnesty 2.0” allows you to confirm ownership even if the citizen does not have all the title documents in his hands.

“Many citizens today are deprived of the opportunity to register ownership of their residential buildings, although they have been using them for many years, the majority since Soviet times. The problem is the lack of necessary documents for both the residential buildings themselves and the land plots underneath them and, accordingly, the impossibility of registering one without the other. These houses may be listed in old state farm (collective farm) accounting documents, household accounting documents of former village councils, and in the accounting documents of former BTI. However, this is now not enough for out-of-court and simple registration of rights. The bill offers a comprehensive solution to the issue: in a simplified manner, register the rights to residential buildings built during the Soviet period, and the land plots under them, free of charge ,” noted Alexey Butovetsky .

To take advantage of this simplified procedure, a residential building must meet several requirements: it must be built before May 1998 (the period before the entry into force of the first Town Planning Code of the Russian Federation), and be located within the boundaries of a populated area; be located on state or municipal land.

Citizens will have to submit an application to the local government body for the provision of a plot for an existing house and attach any document confirming the fact of ownership of the house (documents on the allocation of land, on payment of utilities, a document on state technical accounting and (or) technical inventory). Other documents are also possible; regional authorities have the right to further determine their list. It is proposed to register ownership rights simultaneously for both the land plot and the residential building itself - at the request of the state authority or local government body that provided the land plot.

It is proposed to make the simplified procedure for registering rights to “domestic real estate” valid until 2026 indefinite.

In order to create more comfortable conditions for registering citizens' rights to garden and residential houses, Rosreestr proposes to make permanent the simplified procedure for registering rights to residential and garden houses, valid until 2026.

This is relevant since the notification procedure for the construction of residential buildings, introduced on August 4, 2021, provides for a counter response from the authorized body (notification of compliance or non-compliance), which, in essence, is equivalent to citizens receiving a construction permit.

Realization of housing rights of citizens living in apartment buildings

In addition, the bill proposes to create land plots for apartment buildings not only by preparing a land surveying project, but also on the basis of a layout diagram on the cadastral plan of the territory, prepared in compliance with the public discussion procedure. This will speed up the process of registering land for apartment buildings, primarily for the purpose of protecting the housing rights of citizens to local areas.