Division of a land plot into several plots

The legislative framework

The main document on the basis of which a plot of land is divided is the Land Code

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So, in articles 11.2, 11.4

it is said that the division of a plot is a type of cadastral work in which two or more were formed from one plot.

The law establishes the minimum permissible dimensions of the areas formed after the division.

The minimum size of a plot that is used for farming is determined by local authorities and fixed by legislative acts.

For other types of plots, permissible minimum and maximum sizes are established in accordance with the documentation (urban planning, design, etc.) and land use and development rules.

From the point of view of the law, the plot can be divided between the owners on a voluntary basis by concluding a peace agreement.

The presence of disputes regarding the upcoming division procedure is grounds for going to court. In this case, the division is carried out by court order.

Division of land and allocation of shares: how to proceed?

Galina from Novosibirsk could not agree with her relatives on the division of the land plot, which was in their joint ownership and use.

What to do in this case?

And - most importantly - why allocate a share in kind?

According to Article 252 of the Civil Code of the Russian Federation, property in shared ownership can be divided between its participants by agreement between them. A participant in shared ownership has the right to demand the allocation of his share from the common property. If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property.

By virtue of Art. 11.5 of the Land Code of the Russian Federation, the allocation of a land plot is carried out in the case of the allocation of a share or shares from a land plot that is in shared ownership. When a land plot is allocated, one or more land plots are formed. In this case, the land plot from which the allocation was made remains within the changed boundaries (changed land plot).

When a land plot is allocated, a participant in shared ownership, upon whose application the land plot is allocated, acquires ownership of the resulting land plot, and the said participant in shared ownership loses the right of shared ownership in the changed land plot.

Other participants in shared ownership retain the right of shared ownership of the changed land plot, taking into account the changed size of their shares in the right of shared ownership.

Firstly, as in any type of dispute, it is important to maintain pre-trial order. That is, try to resolve the issue peacefully, come to an agreement. In Galina’s case, this did not work without a lawyer, but it helped to come to an agreement with the lawyer - and this agreement was submitted for registration with the MFC, and the transfer of ownership was carried out. Of course, it is necessary to carry out the appropriate cadastral work.

If it is not possible to reach an agreement, then it is necessary to go to court with a statement of claim for the termination of common shared ownership and division of the land plot, for the allocation in kind of an aggregate share with the subsequent recourse to the right of common shared ownership of the newly formed plot, but in shares (for new plots , which were formed during division and separation).

That is, from one plot that has several owners, there should be several (according to the number of owners) and each of these several will have its own owner and will not be common. Accordingly, having become the owner, you can dispose of your property without regard to other shareholders.

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28.01.2021

Purposes and conditions for dividing the plot

The purpose of land division is to turn one plot of land into two independent plots.

The procedure for dividing a plot is understood as a whole series of activities, which consist of carrying out preparatory and cadastral operations, and registration work to formalize the division.

When the partition process is completed, the single area ceases to exist.

Instead, two separate sections are formed, endowed with independence by law.

The owners of the divided area receive the right of common ownership of the plots.

Dividing a land plot into two parts is possible subject to the following conditions:

• After the division, each resulting area receives independence.
• The original purpose of the site should not be changed.
• The area of ​​the plot should not be less than the minimum norm established by law.
• Each site must have its own entrance or passage.
• There is no legal prohibition on the division of land. Thus, plots intended for farming cannot be divided into two parts.

Cases and conditions for dividing a land plot into several

A plot of land can be divided in many cases, such as:

• The land plot belongs to several persons who want to own their part separately,
• The land plot belongs to one owner, who decides to sell part of the plot by dividing it into several plots,
• The plot became the property of the heirs, who were unable to agree on its disposal and decided to divide it.

There may be other reasons for partition, the ones listed are the most common. Also, the division of the plot will depend on compliance with conditions, such as the maximum and minimum size of the land plot.

• For different categories of land and permitted uses in each region, their sizes are established, and if a plot is divided into several plots and does not correspond to the sizes, then it will not be divided.
• Just like a large plot will not be divided into several if the large plot has a minimum size established by the government.
• The consent of all owners and the possibility of dividing into several will also be required .

Division of the plot peacefully

If an agreement has been reached between the owners of a land plot regarding the division of the land into two parts, then they only need to draw up a peace agreement and formalize it notarized.

After the local authority issues a resolution on the division of common land into two independent plots, the owners will only have to carry out the division procedure, register the plots in the cadastral register and register ownership.

In the land division agreement, owners must indicate the following information:

• Your personal data (profile and passport, contact).
• The address where the site is located.
• Cadastral number.
• Written consent of all owners to the division of land.
• Description of the method of dividing the site.
• Methods of payment of necessary expenses of the parties.

If one of the owners opposes the division of land, it becomes possible to resolve the issue only through the court.

You will probably be interested in looking at the mental map “Equity Participation Agreement in Construction”, which explains in detail how to formalize or terminate the agreement

Or HERE you will find out how to get compensation for kindergarten for a child

What are regulatory legal acts in the Russian Federation:

Possible difficulties when resolving the issue through court

The need to go to court arises if disagreements arise between the owners or the whereabouts of one of the owners is unknown (which makes it impossible to obtain his consent).

When making a decision, the court is guided by the desire to respect the interests of all land owners. No one's interests should be infringed as a result of the division.

The statement of claim must be drawn up properly.

It is advisable to contact a competent lawyer who will help prepare the document.

In addition to information about the owners and the land, the statement of claim indicates what areas and boundaries the plots will have as a result of the division.

All necessary documents and copies are attached to the statement of claim (copies of passports, cadastral number, duty payment receipt, etc.).

The list of documents for each specific situation may differ.

The statement of claim with the attached documents is submitted by the plaintiff to the court at the place of residence of the second owner.

If there are no obstacles to dividing the land, the court can, without any particular difficulties, decide to allocate to the owners a share of the plot that has a separate driveway or passage.

But it is possible that the court will refuse the plaintiff. For example, if the land is legally indivisible.

In this case, the court can determine the procedure for using the plot, when each owner has his own part of the land at his disposal, but legally the plot is a single whole.

In some cases, the court may decide to sell the plot and distribute the proceeds from the sale in proportion to the shares of the owners.

Stages of dividing a plot

The procedure for dividing a plot includes a number of stages:

• Concluding an agreement with an organization that has a license to conduct land surveying (determination of site boundaries).
• Obtaining the consent of other owners to carry out land surveying.
• Obtaining a court order (if it is not possible to reach an agreement between the owners).
• Providing the cadastral engineer of the organization with title documents.
• Establishment of site boundaries by an engineer . The establishment of boundaries must be carried out in the presence of the owners or their representatives with a power of attorney. The engineer will establish the boundary of the site and the boundaries of the two new sites being formed. The boundaries will be fixed with special signs. Also, the specialist will determine the area of ​​the original land and two new plots. Based on the results of the work, boundary drawings will be drawn up and a boundary file will be generated (an act of establishing boundaries, a drawing, a sheet for calculating the area).
• Assigning addresses to the two resulting areas . To do this, you need to write an application to the architecture and urban planning authority, attaching the relevant documents (land survey file, title documents, cadastral passport for the original plot, peace agreement or court order).
• Registration of two new plots for cadastral registration . To do this, you need to contact Rosreestr with an application, passport, land survey file, and a resolution on assigning an address. The application can be submitted not only in person, but also by mail, through the government services portal, or at the MFC. Cadastral registration authorities must register new plots of land within 10 days from the date of receipt of the application. Then citizens are issued passports for the resulting land plots.

After going through all these stages of division, the owners only have to register ownership of the new plots.

Division of land.

Imagine the situation: you need to divide a large plot of land into several parts. How to do this correctly? Are there any pitfalls here? Can any areas be “broken into pieces”? We will address all these questions in our article.

When dividing a plot, you need to consider:

1. Before dividing the land plot, it is necessary to carry out land surveying.

The boundaries of the site must be clarified: they must appear on the public cadastral map, and there must be no overlaps, boundary displacements or other registry errors.

Otherwise, the division of the plot cannot be completed.

*If the property is located in Moscow, then the original site must be determined with maximum accuracy - 0.1 meter. If you have any doubts, be sure to invite a cadastral engineer to the site to clarify the boundaries.

2. Each of the future divided areas must be accessible. Access to them is mandatory, even through public lands. The owner can formalize the legal right of limited use of someone else's land. Thus, a burden is imposed on the neighboring plots that a passage yard will lie through their territory.

3. To divide the plot, you need to contact a cadastral engineer. He prepares a boundary plan, as well as a decision on the division of the land plot. Next, the documents are submitted to Rosreestr. As a result, you will receive an extract from the Unified State Register of Real Estate with registered ownership of the new land plots.

4. The divided plots are registered as property simultaneously with cadastral registration. This gives you the right to sell the property outright if necessary.

*If within five years after the division of plots, the land is not registered as a property, then such real estate objects are removed from the cadastral register.

5. If the divided land plot had several owners, it is necessary to conclude a division agreement, which will specify who has the basis for state cadastral registration and the right to the formed plots. Or such right can be determined by the court.

6. If you want to sell several acres to a neighbor, you can do this by redistributing the land. In this case, a division of the plot is not necessary.

All cases are individual, so contact a cadastral engineer to consider options for solving the problem. All consultations at the Central Cadastral Bureau are free.

List of documents for registration of property rights

For state registration of formed plots, it is necessary to provide the relevant documents to the authorized bodies:

• A peace agreement certified by a notary (if there is a voluntary agreement between the owners).
• Court ruling (when resolving the issue through the court).
• Passports.
• Title documents for land.
• Administration resolution on assignment of addresses.
• Cadastral passport.
• Receipt of payment of the state registration fee.
• Power of attorney (if the interests of the owner are represented by a proxy).