Allocation of land from agricultural land

What is a land share?

This is the share of land in the right of common shared ownership of an agricultural plot. In other words, if you have documents for a land share, you are the owner of part of the agricultural plot, but this part of the plot does not have a real location. There is only a general mass of land to which the right is registered.

But the concept of land share does not include any land, but only agricultural land and only if the right to it was obtained as part of the privatization of land before January 28, 2003, i.e. before the adoption of the law on the turnover of agricultural shares. At the same time, the land committees issued each member of the collective of the agricultural enterprise with a Certificate of right to a land share, where its size was indicated in the form of a fraction (for example, 1/600), in hectares (for example, 15.7 hectares), in points or point hectares (for example , 5700 b/ha).

Is it possible to allocate a share from agricultural land? We’ll answer right away that yes! Each participant in shared ownership has the right to allocate his share. What is the procedure for allocating a real plot of land to account for the land share? Let's look further.

In what cases is the allocation of a share impossible?

According to the Land Code of the Russian Federation, agricultural lands are conventionally divided into two categories:

1. Suitable for agricultural processing . This group includes lands used for crops, haymaking, gardening, vegetable gardening, grazing, etc.
2. Unsuitable for agricultural work . This may include land occupied by any outbuildings, such as barns for storing agricultural products, mills, warehouses, etc. Typically, such land is allocated for the needs of personal subsidiary plots (LPH).

Not every memory can allocate a share; there are a number of prohibitions. In accordance with paragraph 5 of Art. 27 of the Land Code of the Russian Federation, the allocation of shares from the following land plots is prohibited:

• located in a state protected area;
• classified as water or forest resources (rivers, lakes, forests);
• reserved;
• withdrawn from circulation.

But it must be remembered that any violation of the procedure, according to Art. 168 of the Civil Code of the Russian Federation will entail its recognition as invalid, and, as a result, will oblige the owner to eliminate all the consequences of the division of the land plot and return the allocated land share to common ownership.

This is important to know: New law on shared ownership of an apartment in 2021

How to allocate a share of agricultural land?

The general procedure for allocating agricultural products. shares are regulated by the law on the turnover of agricultural shares (101-FZ of July 24, 2002).

In order to allocate a land share, you first need to prepare a document such as a land surveying project. This document defines the specific boundaries and area of ​​the allocated land. There are certain requirements for the project established by Order of the Ministry of Economic Development of Russia dated August 3, 2011 No. 388. For example, it must be prepared in two copies, has a certain sequence of sections: first the title page, then the contents, then the text and graphic parts, applications. Also, the project must be stitched together, signed and certified with the seal of the contractor.

A land surveying project will be prepared for you by a cadastral engineer, with whom you need to enter into a contract agreement. Only this specialist is endowed with such powers. It is interesting that the customer can be any interested party.

We have already talked about how to choose and where to find a cadastral engineer on our YouTube channel

How to allocate a share

You will need

• — title documents for the allocated share;
• — cadastral plan of the land mass;
• - copying to the requested site.

Instructions

Land shares are provided to workers and pensioners of collective and state farms, workers in the spheres of education, culture and healthcare free of charge. However, you will still have to pay for cadastral work and land taxes. Otherwise, privatization of the land plot will become impossible, and the citizen will not be included in the number of shareholders. He will not be able to dispose of the land share in the future.

Before the procedure for allocating a land share, make sure that the land fund belonging to the agricultural enterprise is properly registered. Land surveying must be carried out, and each land share must be assigned a state registration number. Only after this can each owner begin the procedure for registering his land share.

The entire land mass of the agricultural enterprise is divided into plots in cadastral form. When choosing a land share, pay attention to its hectare size, as well as its proximity to a road, river, lake, or forest. Low hectare content means that the land is of low quality. However, it will be allocated to you in larger quantities.

Find out in which newspaper you need to publish a notice of intention to allocate a plot of land against your land share. For example, in the Starorussky district of the Novgorod region, such a notice must be published in the regional newspaper Staraya Russa and in the regional newspaper Novgorod Vedomosti. Please indicate your full name in the notice.

, the name of the agricultural enterprise in which you are a participant or heir of shared ownership. Indicate the size of the allocated land plot in hectares, the estimated value of the land in point hectares. Be sure to link the land plot to some landmarks. For example, the site is located 20 km south of the southern outskirts of the village of Nagatkino. Please provide an address to which objections can be sent within 30 days.

In the same notice, using a copy of the allocated land plot, depict a plan of the plot with its reference to any landmarks. In the regional newspaper, simply indicate that a copy is available for this site.

If no justified objections are received within 30 days, contact surveyors to carry out cadastral work and obtain a cadastral passport. Pay for these cadastral works.

Place an advertisement in your local newspaper for a meeting to agree on the location of the property line.

In the notice of the meeting, indicate which cadastral engineer is carrying out the work to clarify the location of the site boundary; its cadastral number; who is the customer of cadastral work; when and where the stakeholder meeting will be held; where you can get acquainted with the draft boundary plan; the location of the share must be agreed upon with the rights holders of which adjacent land plots.

Submit your cadastral passport, land deed, copy of the minutes of the meeting, newspapers with payment receipts to the registration chamber. In a month, the certificate of ownership of the land share will be in your hands. Congratulations!

note

https://www.youtube.com/watch?v=ytcreatorsru

When submitting an advertisement, pay attention to the correct use of the letters “е” and “е” in your full name. Do not confuse them, otherwise it will be problematic to obtain a certificate of land ownership. You will have to publish a notice of the error in the newspaper, and this is a waste of money, nerves, and time.

Sources:

• Land share - features of private agricultural land ownership
• allocation of a share

A share is the amount of land area that is calculated for one member of an agricultural enterprise in point-hectares, i.e. Not only the area of ​​the site is taken into account, but also its fertility.

You will need

Instructions

To register ownership of shared land, buy a land share, i.e. ownership of the site. As part of your purchase, enter into a written purchase agreement. It is not necessary to have the transaction certified by a notary.

Indicate in the contract all the passport details of the buyer and seller, the object of sale, the date of issue and the number of the share certificate, the cost of the object, and also confirm the absence of claims between the buyer and the seller. Also, take from the seller a notarized permission from his spouse to sell, or the absence of a spouse confirmed by a notary.

According to the instructions of the Civil Code of the Russian Federation, in order for the buyer to register a share of land, the seller must first notify the other share owners by mail that he wants to sell his share. Wait a month and if none of the shareholders wants to buy the land, purchase it for your own use. Confirm the transaction and ownership of the land at the Registrar's Office. To do this, submit the following documents there: - purchase and sale agreement;

— permission from the spouse to purchase, certified by a notary;

- passport; - a document confirming the ownership of the seller’s land; - permission from his wife; - a copy of the notice of sale of the share, which the seller sent by mail; - receipts confirming the sending of the notice to shareholders;

- a statement from the seller and buyer.

Pay on the spot the cost of the purchase and sale agreement and registration of property (primary and secondary). Be sure to take a receipt from the registration chamber listing all the documents that you submitted, indicating the date the certificate of ownership of the share was issued to you and the name of the employee who accepted the documents.

When you are given a share certificate, hold a meeting of shareholders, at which they must speak for or against the allocation of land in the specified location. Sign the minutes with the secretary of the meeting. Provide the head of the district administration with the following documents for consideration: - an application with a request to allocate a land plot in a specified location; - a copy of the certificate issued to you; - a copy of your passport; - a copy of the plot diagram (obtain from the land committee).

If you are allowed to purchase the specified plot, order a land measurement and save money.

note

The seller must notify the shareholders, otherwise your transaction will be considered illegal.

Helpful advice

To avoid having to go through various authorities with the seller every time, ask him to write a power of attorney for a third party (not you!), for example, for your friend, so that he can act on behalf of the seller.

Approval of the land surveying project

The size of the allocated plot is determined depending on the size of the share specified in the Certificate. However, please note that the land surveying project, and therefore the size and location of the allocated share, is subject to mandatory approval and agreement with all participants in the common shared ownership.

And there are two possible ways:

• approval by decision of the general meeting of all shareholders (the list of owners of the formed plots and the size of their shares are also simultaneously approved). In this case, no other approvals are required. At the same time, the cadastral engineer provides the opportunity, no less than 30 days before the meeting, to familiarize themselves with the land surveying project and, if necessary, make changes to all owners of the plot from which the allocation is being made, as well as an authorized representative of the local government body and the customer of the work. A notice of familiarization is sent to all specified persons or published in a newspaper.

The municipality, in turn, notifies all shareholders that a general meeting is being held to approve the project, no later than 40 days before the date of its holding. The period of notice of familiarization with the survey project is included in the period of notice of the meeting (40 days in advance), which makes it possible in practice to combine the notice of familiarization with the notice of holding a general meeting, thus reducing the period of work.

A notice of familiarization is published by a cadastral engineer, and a notice of a meeting is published by a local government body. Therefore, these notices can be published in the same media nearby, but cannot be combined in one publication (one notice).

• the land surveying project can also be approved by the owner of the allocated share. And in this case, the land surveying project is also agreed upon with all owners, but by means of a notice of the need for approval, which is sent to all owners or published in the media. In this case, dissenting interested parties have the right to file objections within 30 days from the date of notification or publication in the newspaper. The absence of objections during this period confirms that the land surveying project has been agreed upon. In this case, the cadastral engineer draws up a conclusion on the absence of objections and includes it in the Appendix to the land surveying project.

After the land surveying project has been agreed upon and approved using one of the listed methods, the engineer begins cadastral work in relation to the allocated area, namely, prepares a land survey plan based on the survey project. If it is not possible to form a site exactly according to the land surveying project, then small deviations from the project are possible, but so that the actual area differs from the designed area within 10%.

What is a boundary plan and what requirements apply to it, you can read in the article

Is it possible to allocate a share from agricultural land?

The owners of such plots can be individuals or legal entities, as well as municipalities. In the first case, any of the shareholders has the right to re-register the cultivated plot into private ownership. But only if the other co-owners did not express any objections. Municipal lands are subject to redistribution of ownership rights only through privatization.

When carrying out the procedure, pay attention to the following points:

• the target status of the lands must be preserved;
• the allotment should be clearly demarcated from other land plots; double interpretations in cadastral documentation are not allowed;
• It is necessary to ensure free access to the site, place boundary signs and serifs around the perimeter;
• your actions should not contradict the interests of other owners.

Government Decree No. 3/59-P specifies the minimum sizes of land plots allowed for allocation. Depending on their intended purpose:

• farm - from 2 hectares;
• garden/vegetable garden – from 0.06/0.04 ha;
• Individual housing construction from 0.06 ha.

However, depending on the region of the country, these standards may be modified by local regulations.

Peculiarities of allocating a land plot from agricultural land

When allocating a plot of land, it is worth considering some features of this procedure.

Firstly, publication about familiarization with the land surveying project or its approval is allowed only in those media outlets that are established by the subject of the Russian Federation at the location of the site. As a rule, this is a district newspaper or regional print publication. There are also certain requirements for publication. For example, information about the customer and the cadastral engineer (full name) must be indicated, including postal and email addresses, contact phone number, cadastral number of the original plot and its address, when and where you can get acquainted with the land surveying project, etc.

Secondly, the allocated plot must correspond to the maximum agricultural size. areas established by the subject.

Thirdly, if the common area is leased, then the consent of the tenant will be required for the allocation. However, if you voted against leasing the site or did not agree with its terms and this is reflected in the Protocol, then the tenant’s consent will not be required when allocating your share.

Fourthly, only the owner of the original plot can file an objection. The text of the objection must indicate the applicant’s passport details, as well as the reasons for disagreement with the land surveying project. In this case, the objection is sent both to the cadastral engineer and to the territorial department of Rosreestr. Objections can be removed during the process of finalizing the land surveying project and at the will of the person who submitted them.

Fifthly, disputes and unresolved objections are considered in court, where a specific boundary of the site can be established.

Allocation of land share through court

Not all shared owners are ready to simply lose their fertile land. Such litigation between co-owners of agricultural plots is not uncommon.

In any case, you cannot do without a trial if:

• there are no title documents for the land;
• the share size is artificially low;
• the remaining co-owners are against the allotment;
• government agencies are preventing the release.

Such disputes are considered mainly by district courts, less often by magistrates.

Instructions for allocating a share through the court

Algorithm for allocating a share from agricultural land in court:

• draw up a statement of claim;
• We attach the necessary package of documents to it and send everything to the secretariat of the district court;
• attend hearings scheduled for the case, present evidence and testimony;
• We wait for the verdict, we receive a writ of execution;
• Based on the court application, we are completing the allocation in Rosreestr.

If the court decision does not satisfy you, you have the opportunity to file an appeal to a higher authority within ten days from the date of receipt of the writ of execution. Keep in mind that the other party has exactly the same right.

Statement of claim for allocation of shares

The drafting of the claim should be approached responsibly, since the decision of the presiding judge will largely depend on this document. It is important to include all relevant details. It is advisable to first consult with an existing lawyer.

The statement of claim for the allocation of a share from agricultural land must contain the following information:

• name and coordinates of the court;
• Full name, passport and contact information of plaintiffs and defendants;
• list of witnesses and third parties;
• detailed description of the subject of the dispute;
• listing of violated rights;
• a link to regulations confirming the violation of your legal rights and interests;
• requirements to the court;
• list of attached documents;
• date, signature of the plaintiff.

Before submitting, do not forget to attach to the statement of claim a document proving ownership of the share. Prepare one package of documents for the court and for each of the defendants.

In order to defend your rights in court, you must consult a specialist before filing a claim. Our website's lawyers will provide this service free of charge if you contact us in any way convenient for you. An experienced lawyer specializing in real estate disputes will be able to practically minimize your participation in this complex procedure. He will independently collect all the necessary documents, order land surveying services, try to find the best option for resolving the issue out of court, draw up a statement of claim and represent your interests in court. All this will help you achieve the sole use of your land plot in the shortest possible time.

Deadlines

Don't expect a quick resolution. Before making a final decision, the documents are carefully studied by the court and, if necessary, a land survey is assigned. Therefore, in the best case, the verdict will be rendered within 60 days. But be prepared that the time frame may extend several times.

Procedure

Before starting the procedure, you will need to make sure that the agricultural territory belongs to the enterprise and is part of its land fund.

Then you can begin to implement the following steps:

1. The procedure for land surveying is necessary to determine the boundaries. To carry it out, you can contact the BTI authorities or use the services of other companies; the main requirement is that they must have a license to carry out this activity. Otherwise, the results obtained will not be taken into account.
2. After the land surveying procedure, the site will receive a registration number, on the basis of which the territory will be registered.
3. After ordering a survey service, you will need to advertise in the district or local newspaper that you are going to allocate land. The advertisement must indicate the following information: full name, name of the enterprise, and area of ​​the allotment (indicated in hectares). It is imperative to link the territory to landmarks - for example, the area is located 100 km from the city. A mandatory point is to indicate the address to which objections can be sent within thirty days.
4. The advertisement requires a site plan to be depicted, which will require a copy of it. The schematic representation should again be carried out in relation to specific landmarks. When submitting an advertisement to a newspaper, you must indicate that the copy is in your hands.
5. If no objections are received within thirty days, then a council of array participants can be assembled. To do this, you need to contact the local administration, which will announce the meeting, set its place, date and time. If the members of the array did not come to the meeting, they can express their objections within thirty days. Those who come to the council must vote unanimously on the boundaries of the future site. The conclusion of the general meeting should be a document with a positive decision.
6. The next step is to contact surveyors so that they carry out cadastral work and a cadastral passport is issued. Their services will need to be paid accordingly.

The final stage is submitting documentation to the cadastral chamber and receiving a certificate of ownership within a month.

The lease agreement for a land share contains all the terms of the transaction. How much does it cost to issue a deed of gift for a land share? Find out here.

Required documents

To allocate a land share, you will need to prepare a small package of documents.

It includes:

1. Documentation establishing the rights to own the territory.
2. Cadastral plan, extracted from the site passport.
3. Copy issued on the territory.
4. Cadastral passport.
5. A positive decision of the general meeting in documentary form.
6. A copy of the newspaper in which the advertisement was published.
7. Receipts for payment of services.
8. Land deed issued by the local land committee.

Sample application

The content of the application will depend on which agricultural enterprise you were a member of.

It states:

• FULL NAME;
• reasons for receiving;
• information about the selected area.

When filling out an application, it is recommended to pay attention to the correct spelling of the letters “ё” and “e”, which will allow you to avoid mistakes in the future.

Otherwise, it will not be possible to obtain a certificate for a plot of land without difficulty, since you will have to re-publish an advertisement in the newspaper about the mistake made.

Here you can download a sample application for the allocation of a land share.