Inheritance of land plots: procedure, features, documents, division

The concept of land inheritance

The presence of land is a sign of family prosperity. Residential buildings and country houses are built on the land, and it is used for gardening and horticulture, as well as farming. Therefore, issues of inheritance of land plots are of such interest.

The possibility of inheriting land ownership and the features of this procedure are regulated by land and civil legislation.

A land plot is both real estate and a natural resource that ensures the livelihoods of citizens and, accordingly, is under state protection (Article 130 of the Civil Code of the Russian Federation).

As a piece of real estate, land can be alienated and passed on by inheritance. A land plot can fall into the inheritance mass if it was in the property or lifetime possession of the testator.

Features and procedure for inheriting land plots

A plot of land can become part of the estate if the deceased could dispose of it as property or had the right to lifelong use. In order to inherit land, apart from the above conditions, no additional permits are required.

As an inheritance, the land is transferred to the heir only with the scope of rights belonging to the testator, with the soil layer, trees growing on it, forest area, etc. Some types of land plots (garden, country houses, etc.) cannot be transferred by will. .).

Inheritance of land in accordance with Art. 1181 of the Civil Code of the Russian Federation occurs on a general basis without additional permits. The peculiarities of inheritance of land plots lie in the different intended purposes of land plots, the mode of their use and protection.

Legal regulation of certain types of plots is carried out by various regulations.

Inheritance of land plots can occur by law or by will.

Refusal to inherit a land plot

During the period of acceptance of the inheritance, the heir may refuse it in favor of other persons or without identifying specific persons. Such a waiver cannot be modified or waived.

Refusal is not allowed:

· from property under a will, if it is bequeathed to specific persons;

· if the heir is assigned an heir;

· reservations and any conditions cannot be indicated;

· from the obligatory share in the inheritance, etc.

How to enter into an inheritance if the land is not privatized (the right to the land is not registered)?

If the deceased owned real estate by right of ownership, for example, a plot of land and/or a country house, the right to this property passes to the heirs regardless of the state registration of the right to real estate.

In the event that the property right of the testator has not been registered in the Unified State Register of Real Estate, the title documents are documents confirming the basis for the transfer of the right in the order of succession, as well as documents of the testator indicating his acquisition of ownership of real estate.

In some cases (for example, in the absence of all the necessary documents), ownership of a land plot by inheritance will have to be recognized in court.

Registration of inheritance rights to a land plot

To register rights to an inherited plot, after receiving a certificate from a notary, you must submit the appropriate application and documents that were provided to the notary as a substantiation of the requirement when receiving a certificate of inheritance (cadastral plan or extract from the plan, certificate of ownership and land title documents ) to the territorial department of the UFSGR (Office of the Federal State Registration Service), in order to obtain a certificate of state registration. registration of property rights.

However, if it is necessary to carry out the land surveying procedure and determine the clear dimensions of the land, you need to contact a geodetic company and coordinate on the ground the actual boundaries of your land with neighboring plots.

Then, based on the data obtained, the initial dimensions of the allocated area are specified. After coordination with neighbors and the local administration, the cadastral engineer provides the heir with a land survey plan and an extract from the cadastral plan, which are submitted to the UFSGR. Within 30 days, a certificate of ownership of the land must be issued.

The legislator has established a period of six months for the opportunity to declare acceptance of the inheritance by all heirs. To do this, you need to submit an application to the notary to accept the land as an inheritance, after which he opens an inheritance case and, after a six-month period, issues a certificate of inheritance of the land.

Conditions for inheriting land

The likelihood of acquiring a land share by right of inheritance is regulated by paragraph 17 of Law No. 122-FZ of July 21, 1997.

A share territory can be inherited only when the testator has managed to complete the process of allocating a share of the common space during his lifetime and has received a certificate of ownership or lifetime leasing.

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Confirmation of the grounds for ownership of property by a now deceased citizen is provided for registration in the State Register. If there are erected buildings, a package of documents is provided with a construction permit, an acceptance certificate and other papers for the structures.

It is possible to receive a share in an inheritance on the basis of a will or the right of legal succession according to the order of inheritance.

If the last will of the testator has been drawn up, the notary will notify the heir of the property due to him. The potential successor will have to contact the notary officer who registered the will of the now deceased citizen.

Documents for inheriting a land plot

To register land as an inheritance after the death of the testator, it is necessary that the heir submit documents to the notary within the period established by law in the place where the inheritance was opened.

The standard list of documents that is submitted in all cases of inheritance includes:

death certificate of the owner of the land (testator);
a certificate from the place of residence where the testator lived before his death;
a will or documents that can confirm the relationship between the applicant and the deceased;
heir's passport.

In order to issue a certificate of inheritance rights to land, you need to provide the notary with the following documents:

documents confirming ownership of an inherited plot of land (confirming the grounds for the emergence and exercise of ownership or lifelong use of land);
state certificate registration of land rights (if any);
documents containing information about the valuation of the land on the day when the inheritance was opened.

The procedure for registering inheritance on land

To acquire an inheritance, it is necessary to express and justify the desire for succession to a notary within a period of 6 months from the date of death of the testator. After the expiration of the period established by law, an employee of the notary office will not be able to help prepare documents.

The law provides for a 3-year period of time for challenging an inheritance and restoring a missed deadline.

The entry into inheritance rights is carried out within the approved time, and the issuance of a completed certificate of ownership and disposal can take from several months to several years.

Despite the fact that the time for registering an inheritance is limited by law, the timing of the issuance of ready-made documents, as well as their number, is not limited in any way. The notary is authorized to issue one general certificate or draw up separate ones for each applicant.

To accept land, it is necessary to transfer documents to a notary at the location of the subject of inheritance.

When drawing up an application for entry into succession, be sure to indicate:

details of the notary and the company where the application is submitted;
information about the applicant (full name, residential address);
information about other applicants for heritage;
indication of the relationship with the testator;
expressing a desire to acquire the right of inheritance;
date of compilation, signature.

Documentary evidence must be attached to the written document, without which the notary officer does not have the right to carry out the procedure for registering an heir. It is impossible to acquire an inheritance on the basis of just one application.

We recommend reading: Agreement on the division of inherited property between heirs

After recording the accepted papers, the notary will enter all the information into the database and generate a certificate of inheritance, and all that remains is to register the land share.

If the citizen who is the successor did not know about the death of the testator and it was impossible to submit documents within the allotted time, he will have to apply to the court to restore the deadlines for registration.

The law provides for a pre-trial procedure for resolving the issue of announcing a new successor. If other heirs give written consent to include a new person among the legal successors with a subsequent recalculation of shares, then the notary will re-register the documents.

Inheritance of divisible and indivisible land plots

Land plots are defined by law as part of the Earth's surface. Its boundaries are described and certified in the prescribed manner.

Land plots can be divisible and indivisible.

Divisible plots include plots that can be divided into parts, each of which, in the event of division, forms a separate independent plot of land. Moreover, its use must be permitted based on the rules that regulate the use of this particular category of land without transferring it to another category of land.

The size of the heir's share in the event of its inheritance cannot be less than the size of the plot that is established for its intended use. If this is not possible, then the plot is not subject to division, since the division of lands, based on their intended purpose into categories, is the main principle of land law.

Inheritance of land plots by right of ownership

The procedure on the basis of which land is inherited is established by the provisions of Article 1181 of the Civil Code of the Russian Federation. In accordance with this rule of law, the plot owned by the testator by right of ownership is inherited on a general basis. That is, citizens can, by inheritance, obtain ownership of a land plot, both by law and by will.

Since land with perpetual use rights cannot currently be inherited, ownership rights only to buildings that are located on such land are inherited.

The plot of land is transferred to the new owner - the heir in accordance with the rules of Art. 35 of the Land Code of the Russian Federation. Moreover, the right to free registration of such a plot of property also passes to him.

Peculiarities of dividing a land plot by inheritance

The division and allocation of a land plot is possible only by the owner’s decision to divide the land plot.

If several persons inherited a land plot, they have the right to dispose of it jointly or separately. But with common property, it can be disposed of separately only with the consent of everyone else. But this situation does not suit everyone, so the land is divided so that each heir gets his own allotment.

How to do it:

obtain consent to the division of the land plot from other successors;
do not violate the rules for the formation of plots in terms of requirements for their minimum and maximum sizes;
observe the order of inheritance and the preferential rights of heirs, if any.

Inheritance of land plots on the right of lifelong inheritable ownership

According to the provisions of Article 1181 of the Civil Code, a land plot can be inherited if it belonged to the testator on the basis of a special right - lifelong inheritance. Such inheritance occurs on a general basis.

The subjects of such right include persons to whom land was provided free of charge, and only from those lands that are in state or municipal ownership.

Land acquired on the basis of the right of lifelong inheritable ownership may be provided:

to persons in the form of a plot of land that is used to conduct subsidiary personal farming;
persons who wished to organize a peasant or farm enterprise and left the agricultural organizations to create such farms.

The division of a plot received as an inheritance and owned by the testator with the right of lifelong inheritance is not provided for by law.

Article 21 of the Land Code of the Russian Federation on lifelong inheritable ownership of land plots has lost force since March 1, 2015 (Law dated June 23, 2014 N 171-FZ).

Article 1181 of the Civil Code of the Russian Federation. Inheritance of land plots (current version)

The commented article is devoted to the peculiarities of inheritance of land plots as a type of immovable property that is inherited on a general basis.

Land plot in accordance with clause 3 of Art. 6 of the Land Code of the Russian Federation is defined as an immovable thing that is a part of the earth’s surface and has characteristics that make it possible to define it as an individually defined thing. In cases and in the manner established by federal law, artificial land plots may be created.

In addition to the land plot itself, the rights specified in the commented article are inherited by the surface (soil) layer, water bodies, and plants located on it located within the boundaries of this land plot. However, this norm is dispositive in nature and a special law may provide otherwise.

It should be noted that land plots that belong to their owners not only by right of ownership, but also by the right of lifelong inheritable possession can be inherited.

The right of lifelong inheritable possession is a special real right of citizens to own and use a land plot of a specified size in the manner prescribed by law and for a specific economic or consumer purpose. Land plots on the basis of the right of lifelong inheritable ownership are provided to citizens in the form of a personal plot for running personal subsidiary plots, to citizens who decide to create a peasant (farm) enterprise; persons who left the agricultural organization in order to create a peasant (farm) enterprise.

The Supreme Court of the Russian Federation in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” explained that Art. 1181 of the Civil Code of the Russian Federation does not establish any exceptions for cases of inheritance of the right of lifelong inheritable use by several persons, as a result of which each heir acquires a share in the specified right regardless of the divisibility of the land plot (clause 78).

Federal Law of October 25, 2001 N 137-FZ “On the entry into force of the Land Code of the Russian Federation” established that if a land plot was provided before the entry into force of the Land Code of the Russian Federation for running personal subsidiary plots, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction on the right of lifelong inheritable ownership, a citizen who owns such a land plot on such a right has the right to register ownership of such a land plot, except for cases where, in accordance with federal law, such a land plot cannot be provided for private ownership. At the same time, the Land Code of the Russian Federation, which came into force on October 30, 2001, does not provide for such a legal regime for land plots as the right of lifelong inheritable possession.

It should be noted that the registration of land plots previously granted to them for lifelong inheritable ownership into the ownership of citizens is not limited in time in cases established by land legislation. State acts on the right of lifelong inheritable ownership of land plots in the forms approved by Resolution of the Council of Ministers of the RSFSR dated September 17, 1991 N 493 “On approval of forms” are recognized as valid and have equal legal force with entries in the Unified State Register of Rights to Real Estate and Transactions with It State act on the right of ownership of land, lifelong inheritable possession, perpetual (permanent) use of land.”

The right of lifelong inheritable ownership is characterized by a special subject composition. Only citizens can be the subjects of this right. It must be taken into account that a legal entity cannot act as an heir to the right of lifelong inheritable ownership of a land plot. In this regard, the Supreme Court of the Russian Federation clarified that the inclusion in the will of an order regarding a land plot owned by the testator by the right of lifelong inheritable ownership in favor of a legal entity entails in this part the invalidity of the will (clause 78 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases”).

State registration of the transfer of the right to lifelong inheritable ownership of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance. State registration certifies the heir's right to own and use the land plot. Thus, such a certificate is a mandatory document for state registration of the right to lifelong inheritable ownership of a land plot.

The commented article emphasizes that no special permission is required to transfer the right of lifelong inheritable ownership of a land plot by inheritance. However, it should be taken into account that, like any other real right to a land plot, the right of lifelong inheritable possession is subject to mandatory state registration and is recognized as existing from the moment of entry into the Unified State Register of Rights to Real Estate.

Comment source:

“ARTICLE-BY-ARTICLE COMMENTARY TO PART THREE OF THE CIVIL CODE OF THE RUSSIAN FEDERATION”

S.P. Grishaev, 2018

Inheritance of a share in the right of common ownership of land plots

In cases where a share of a land plot in common shared ownership is inherited, this occurs without any special features. This also applies to land shares.

If a participant in the common joint property dies, the heir cannot formalize the right of inheritance until the share that the deceased had in the common property is determined.

According to the law, inheritance without determining shares is possible only in cases where the heirs are members of farms or spouses (Articles 256, 257 of the Civil Code of the Russian Federation).

The regulation of controversial issues regarding the distribution of shares between heirs occurs according to the rules of legislation that regulates legal relations between the subjects of the dispute.

What is needed to fully inherit a land plot or part of it?

It is impossible to divide the land arbitrarily, according to the wishes of the heirs. The Civil and Land Codes provide for special rules for the division of plots during inheritance.

The procedure for dividing a land plot consists not only of mandatory compliance with the requirements for the size of the allocated plots. It also applies to obtaining the consent of all heirs, which is enshrined in the agreement.

The agreement is concluded by the heirs after the issuance of a certificate of inheritance. The certificate already indicates the size of each share. In accordance with these shares, the size of the allocated areas is formed. Based on this document, the cadastral engineer divides the site and prepares a boundary plan.

The document establishing land rights will be a certificate issued by a notary. Since it certifies the fact that the inherited plot is in the common shared ownership of several persons, they have the right to decide on its division.

Cadastral registration and registration of rights to plots obtained as a result of division occurs only if there is a certificate of inheritance and a division agreement.

Inheritance of leased land

In order to inherit the rights to lease a plot of land, you need to know about the existence of some features of such inheritance.

If there are provisions in the lease agreement concluded with the testator for its termination in the event of the death of the tenant or lessor, the right to lease is not inherited.

The absence of such a clause means that the agreement continues in force and gives the heir the right to lease the land. In this case, the lessor has the right to make adjustments to the agreement.