The procedure for registering a land share in ownership: allocation, inheritance

Land share for agricultural purposes: how to register ownership

Reforms of the first half of the 90s of the 20th century marked the beginning of the emergence of land shares. It was then that the decision was made to transfer the land that belonged to the state farm to the personal ownership of the village population and farmers. The villagers were given documents granting the right to a specific share of the land plot - the so-called land share.

1. Estimate the value of the land plot. It is necessary, in the absence of a will, to ensure that all persons related to the inheritance receive the same price shares of the deceased’s plot. To conduct an expert assessment of the value of a site, you can use the services of an independent specialist or send an application to the relevant Department. The document with the assessment result must be provided to your notary.
2. Make sure that there are no encumbrances on the bequeathed land share. Since the land can be arrested or mortgaged. In this case, it is necessary to achieve her release from arrest and only then begin the procedure for entering into an inheritance.
3. Receive a guarantee that there are no property tax debts - a certificate is issued by the tax service.

The procedure for registering a land share in ownership

1. Make an announcement that you want to allocate a plot of land, and then place it in the newspaper. It is important that the printed publication in which the information will be published must be distributed throughout the region or district.
2. As soon as a month has passed since the announcement was submitted, it is necessary to organize a meeting of all owners of the array. There, together with other owners, it is necessary to determine the parameters of the share.
3. At the end of the meeting, it is required to draw up a protocol that will be signed by each participant.
4. The next step is to demarcate the territory, in other words, to establish its boundaries. For these purposes, you need to contact a company specializing in this work. It is important to understand that this procedure is paid, and the cost will depend on the prices set by a particular organization. After the survey is completed, a land management document is drawn up. In order for it to become valid, it must be agreed upon with the neighbors living on the site.
5. The next step is to contact the Land Affairs Committee, which must approve this matter. This state body will issue a cadastral plan of the territory, moreover, its employees will determine the plot number.
6. The final stage in registering a land share is an application to the Registration Chamber.

• passport;
• consent to the acquisition from the spouse, it is drawn up in writing, after which it is certified by a notary;
• a copy of the document stating that the shareholders were notified of the purchase;
• a check confirming payment of the state duty;
• a completed application for registration of the right (as a rule, it is drawn up at the Registration Chamber).

How to register a share of land as your property

then the actions will look a little different. The first step is the purchase of land shares. The second step is that documents must be submitted to the registration chamber to register the transaction and ownership of the land. The following documents must be submitted there: Some citizens who are workers of agricultural cooperatives received land shares for organizing agricultural land.

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All interested parties must be notified. This is done by submitting an advertisement to official local media. It states that the owner of the land share wants to separate from the general area and provide approximate coordinates of the location of the plot.

How to register a share of land as your property

Sponsor of the placement P&G Articles on the topic “How to register a land share in the property” How to divide accounts in a privatized apartment How to obtain a certificate of ownership How to obtain a certificate of ownership of an apartment No earlier than a month after submitting the advertisement, a meeting of all shareholders must be held. At the meeting, you will have to agree on all the parameters of the land plot allocated as a collective farm share, recording everything in the minutes of the meeting, signed by all participants.

It is worth noting that the majority of citizens did not take possession of the transferred land property. In addition, the transfer of plots was accompanied only by a documentary allocation of a share (share), without land surveying and other legal procedures accompanying the acquisition of property.

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Within 6 months after the death of the testator, the heir must declare his right to the notary's office to open an inheritance case. He will be given a certificate allowing him to collect the necessary documents for accepting the inheritance of the land plot and other property of the deceased. You can enter into inheritance no earlier than six months later.

This work is performed by specialists with a qualification certificate, called cadastral engineers. They not only survey the land plot, but also collect all the information about it. The result of the specialist’s work will be a technical plan of the land plot, completed in electronic form. The person claiming the land plot pays for the work of the specialist. To register the land plot, the customer is given a disk with a technical plan.

How to properly register a land share as a property

The next stage is the allocation of land ownership in kind. To do this, you must submit an application for the allocation of land to the board of the agricultural enterprise, indicating the desired location of the plot and its size (number of hectares).

If inheritance occurs by law, then you will need to confirm the degree of relationship with the deceased testator. This could be a birth certificate, a marriage certificate, a copy of a court decision if the relationship was established in court, etc.

Registration of land share in property

The territory of the share, according to the will, can be divided between the heirs both equally and unequally. You also need to remember about mandatory shares in the inheritance. Thus, some categories of citizens cannot be left without an inheritance, even if they are not entitled to a share according to the will.

• in order of priority - if there are heirs of the highest priority, heirs of a lower priority do not receive anything;
• between heirs of the same order, the distribution of shares occurs equally;
• in the absence of heirs of the highest priority, the property passes to the heirs of the lowest priority.

Tip 1: How to register a land share as a property

To accurately determine the boundary, you must contact the local branch of the cadastral chamber and obtain the appropriate plan and cadastral number. This service checks the correctness of the Land File and may send it for revision. In the best case scenario, the work will take at least 10 days.

The procedures for registering ownership of land shares that remained from the reorganized Soviet collective farms cannot be called simple, therefore, if you are not confident in your legal preparation, do not be afraid to seek help from specialists.

How to register a land share in property

• Donation;
• Transfer to participants under an annuity agreement and lifelong maintenance;
• Depositing as collateral to financial organizations;
• Transfer of inheritance - will or legal grounds;
• Organizing your own agricultural business;
• Sale or exchange.

To register the right to ownership, you must draw up an application and submit it to the ministry that manages state property. When the ministry approves this procedure, the site should be surveyed, which requires using the services of a specialized organization. After surveying, it is necessary to obtain a cadastral plan and begin the process of registering the land for cadastral registration.

Buying a share

• Is it possible to sell agricultural land? Important nuances and terms of the transaction

After allocating a share from common agricultural land, it can be realized through sale or inheritance.

In order to buy a share, it is necessary to conclude a purchase and sale transaction and register it with Rossreestr, providing in addition to the application the following package of documents:

• identification documents of the parties (originals, copies);
• the purchase and sale agreement itself;
• a document confirming the right to a land share (extract from the Unified State Register of Real Estate);
• documentary evidence of the consent of other shareholders to this transaction;
• confirmation of payment of the state fee (receipt);
• provided that the share is the shared property of the spouses, it is also necessary to provide a notarized consent from one of them.

After this, the new owner of the share can receive ownership and begin to use the share.

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How to register a land share as a property

After the release of Decree of the President of the Russian Federation of December 27, 1991 N 323 “On urgent measures to implement land reform in the RSFSR,” a massive reorganization of collective and state farms began. At that time there was no clear regulation and there were no relevant laws regulating this process. For example, paragraph 10 of the Decree of the Government of the Russian Federation of December 29, 1991 read:

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Hello. In 1993, TO “X” was formed in the Yaroslavl region. Its charter states that all its founders are all its employees. And that they all contribute their land shares of 14 hectares to the authorized capital. But at that time, no one had any documents in their hands indicating that they had these land shares. The certificate of receipt of land shares was issued to employees only in 1995. It states that the share was received in 1995, indicates its size (14 hectares), cost and the possibility of using it for agricultural land or for renting out. Accordingly, I have several questions: 1) Is it legal that we invested in the authorized capital something that we did not have at that time? 2) Is that certificate of ownership of the share from 1995 legal? 3) And the main question: how can I register this share as property?

How to receive a property share in a collective farm by inheritance

In subparagraph 5 of paragraph 1 of Art. 333.25 of the Tax Code of the Russian Federation states that when calculating the amount of the state duty for issuing certificates of the right to inheritance, the value of the inherited property, determined in accordance with subsection. 7-10 of this paragraph. Subparagraphs 7-9 of paragraph 1 of this norm talk about the rules for determining the value of vehicles and real estate. And in subparagraph 10 it is established that the value of property not provided for by these subparagraphs is determined by appraisers.

After completion of the work, a report is compiled summarizing the results of the calculations. The organization commission, within 5 days, reviews the report on clarifying the value of the property and, together with the inventory materials, submits it for approval at the meeting of co-owners.

How to register a share of land as your property

The procedure for registering a land share as a property After collective economic holdings were abolished, a new concept began to be used - land share. Currently, this is the name given to a plot that was previously located in a common area, and then issued to an individual on the basis of ownership rights. In this regard, the legislation was supplemented with new rules that affect the direct rights, as well as responsibilities, of land owners. That is why special attention should be paid to the procedure aimed at registering a share in the property. Acquisition of land Acquisition of land rights can be accomplished in several ways.

How to register a land share as a property? Registration of a land share in ownership is quite a hectic, troublesome and costly matter; this will require a lot of time and money for land surveying. A land share is a plot of land that is allocated to the ownership of a citizen in the total land mass during the reorganization of a collective farm. In order to begin the process of registering a land share as a property, it is necessary to submit an advertisement in the newspaper about the desire to allocate a plot of land from common property.

How can I get my property share in the farm?

To avoid this, let us consider in detail the rules and requirements for their registration and registration, and learn how to sell and purchase shares. Purchase and sale A land share can be purchased exclusively for agricultural purposes by individuals and legal entities. Preferential rights to acquisition have the participants of the cooperative in which the plot is located, or the agricultural enterprise that was formed as a result of the reorganization of such a cooperative. Land shares acquired by an organization are registered as the property of a legal entity. Such plots can subsequently be used as collateral or sold. Payment for the acquired land share can be made in one sum or in installments. In the second case, annual payments are generally higher than when concluding a lease agreement.

Under such conditions for determining and using rent, a condition must be met under which the size of the leased property shares in value terms does not decrease over time, since the mechanism for their reproduction is triggered. At the end of the lease period, the lessor has the right to demand the return of the property share to him in the same amount as when leasing it. The second component of the rent, the remuneration to the lessor, is set as a percentage of the value of the leased property.

Registration of land share in property

Each land owner has certain rights and obligations, which are enshrined in law. Any citizen who wants to formalize the rights to own a land share should familiarize themselves with the specifics of such a procedure.

• statement;
• the reason for the refusal of the board, if any, to allocate the site at the desired location;
• photocopy of passport;
• photocopy of the share certificate;
• a photocopy of the site plan that the applicant wishes to receive;
• a photocopy of the application submitted to the board and confirmation of its receipt;
• a photocopy of the refusal to allocate the site received from the board;
• photocopy of the protocol of controversial issues.

How to allocate a share

According to Article 1 of Federal Law No. 101, a land share is an allotment that is in common ownership of agricultural land. Citizens have the right to use such plots, but cannot dispose of them.

Before registering ownership of an agricultural land share, the applicant is obliged to notify other shareholders of such intention. Next, a meeting of shareholders takes place, during which the size and location of the allocated plot are discussed.

All the nuances regarding disagreements, refusals, etc. are recorded in the minutes of the meeting. Then all those present put their signatures on the document. The allocation of a share must be approved by a majority vote.

Having received approval from the shareholders, the applicant must enter into an agreement on the land surveying of the share with a specialized organization. It should be understood that this service is not free and may take from 6 months to several years.

How to register a land share in ownership and features of land acquisition

The changes in the country that occurred at the end of the last century also affected the villagers. After the elimination of collective farms, their former members received land shares. This type of property has its own nuances, which must be dealt with in detail so as not to lose your legal property.

After confirmation of the right to inheritance, documentation collection begins. Some types of documents can only be obtained upon request of a notary. You will need to obtain a certificate confirming that the testator had ownership rights to the plot, as well as a registration certificate.

Property shares: emergence of rights, registration, allocation

If there are more than 10 co-owners, then the general meeting must elect a supervisory board of 3-5 people from among them to monitor the performance of the authorized person’s duties. If there are less than 10 co-owners, then the election of a supervisory board is not necessary. The authorized person is obliged to submit a report on his activities to the supervisory board no later than two weeks before the general meeting.

The property share of a member of the enterprise is documented by a Certificate of ownership of the property share of a member of the enterprise (hereinafter referred to as the Certificate). The certificate is issued by the village, town or city council according to the list of persons entitled to a property share of the enterprise, to which the following documents are attached: an act of calculation of the specified mutual fund; clarified mutual fund structure; updated list of mutual fund property.