Documents for dividing a land plot and popular questions

The legislative framework

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

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.

The size of the land plot when dividing the land plot

When dividing any land plot in accordance with the law, it is necessary to fulfill the condition that the area of each of the newly formed plots cannot be less than that established for a certain category of land in the region. To successfully carry out the division, it is necessary, first of all, to determine whether the plot of land planned for allocation in kind falls within the established minimum and maximum size limits.

In each region, the minimum and maximum allowable sizes are set by the local governments of these regions.

The maximum permissible minimum sizes in the Moscow region are:

for running a peasant farm - 20,000 square meters or 200 acres;
for setting up a garden - 600 sq. meters or 6 acres;
for gardening - 400 sq. meters or 4 acres;
for the construction of a summer house - 600 sq. meters or 6 acres.

Maximum allowable area:

for running a peasant farm - 400,000 square meters or 4,000 acres;
for setting up a garden - 1500 sq. meters or 15 acres;
for gardening - 1000 sq. meters or 10 acres;
for the construction of a summer house - 2500 sq. meters or 25 acres.

Let's consider the possibility of dividing a jointly owned land plot using the example of the Moscow region.

There is a plot of land in the near Moscow region with an area of 800 square meters. meters, intended for the construction of a summer house. When dividing this plot in half, one or both secondary plots will a priori be smaller than the maximum permissible size in the region (600 sq. meters). The law prohibits the division of such land plots and the allocation of a share in kind.

Another variant. There is a plot of land with an area of 13 acres, intended for planting fruit trees (arranging a garden). The division will result in two secondary plots with an area of 6.5 acres each, which is within the maximum permissible minimum sizes for this category of land. The legislation allows the actual division of such a land plot.

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.

Features of land division

The decision to divide a plot often occurs when entering into an inheritance. Each person indicated in the will wants to withdraw his part in kind from the total area, and then dispose of it at his own discretion.

The best option in this situation would be an agreement between the owners of the site. If disputes arise, a statement of claim is drawn up, and the shares in the division are determined in court.

One owner

You are the legal owner of a plot of land with a full package of necessary documents. A situation has arisen when you need to divide a plot of land in order to sell part of it. How to do it? Remember, when dividing a plot, first of all, it is necessary to carry out land surveying .

This procedure is carried out by cadastral engineers. During the event, a certain part of the land is allocated in kind and a plan is drawn up for both resulting plots.

With the received documents, you must contact the local cadastral registration office. Here you inform in writing that the old plot is being deregistered and register both newly formed properties in your name. As a result, each plot will be assigned a cadastral number, and you will be given a passport. Then you register ownership.

As you can see, there is nothing complicated about this, however, there are some nuances. For example, the minimum size of a land plot is precisely specified in the civil code. It is possible to make changes to this bill by local authorities, but the essence is the same: if one of the territories is less than the established norm, you will be refused registration of property rights.

The minimum size for dividing land varies depending on the intended use of the territory. For example:

the minimum size of land for farming is 2 hectares;
construction of a country house and cultivation of horticultural farming is allowed on an area of 0.06 hectares;
To plant a vegetable garden, the minimum plot size must be at least 0.04 hectares.

Please note that these standards are relevant for Moscow and the region. Other regions may have their own minimum land plot size.

In addition, the total area of the created plots should not exceed the actual size of the old landholding. When dividing a plot between owners, each plot must correspond to one category.

Multiple owners

If you are not the sole owner of the land, then the decision to divide the land plot is made by all co-owners. In this case, it is better to accept an agreement on the allocation of shares before the start of land surveying. The technical side of the issue remains unchanged: land surveying, allocation of a share in kind and registration of the territory for cadastral registration.

The differences begin when property rights are obtained. There may be two options here: you will still be co-owners, just not of one, but of two plots, or everyone will receive their share as personal property. Having decided on the right of ownership, you need to fill out the appropriate application form when submitting documents.

As you can see, when the land is divided between the owners, land ownership ceases its legal existence. Instead, two independent sections are formed. But there are exceptions to this rule. They affect gardening partnerships. In this case, even after dividing the common plot between summer residents, the common boundaries of the territory are preserved and all documentation remains valid.

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
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What are regulatory legal acts in the Russian Federation:

What documents will be required

When dividing a plot between owners, you will need to collect the following documents:

a written statement indicating the characteristics of the land plot and providing the grounds for division. A sample form can be viewed at the territorial office of Rosreestr or by following the link:

Sample application for division of land

certificate of the survey carried out. Please note that each resulting area must meet a minimum area. In addition, each territory must have free access and have clear boundaries;
documents identifying the applicant and confirming ownership. If there are several owners, the passports of all persons affected by the division will be required;
agreements on the basis of which you have the right to dispose of land. This includes deeds of gift, deeds of sale, wills;
written agreement on the size of shares.

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.

Possible nuances

We told you how to divide a plot of land, but there are special cases that cause difficulties. For example, the division of land according to the above scheme is relevant only for empty territories. In practice, the site is rarely empty. Owners build houses and outbuildings. How to decide on division in this case, especially if an agreement between the co-owners has not been reached?

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.

Is it possible to divide a plot of land into two?

According to the Civil Code of the Russian Federation, most real estate objects are indivisible and are not subject to real division. This primarily applies to residential premises in apartment buildings, some types of individual residential buildings, as well as land plots of certain categories. But not everyone. For example, a plot intended for individual housing construction, especially if there is a house for two owners, or for gardening can be divided if certain criteria are met.

Regardless of the possibility or impossibility of a real division of a real estate property, any real estate that is in shared ownership can be legally divided.

Moreover, even if actual division is possible, the procedure for its legal division must necessarily precede it. In other words, in any case, a legal division is carried out first, then, after the shares of each of the co-owners have been determined, the division of the object in kind can begin according to the shares of each of the co-owners.

If there is a residential building on the plot of land intended for division, it is divided first, only then, depending on what part of the house each of the co-owners will receive during division, the land near the house will be divided. In practice, each of the co-owners receives that part of the plot that is adjacent to his half of the residential building.

This rule is applied due to the more complex procedure for the actual division of a residential building, since each owner is required to have a separate entrance, and this is technically difficult. It’s much easier to add soil.

Features of the division of land

The purpose of any division of land is the formation of new independent plots, independent of the original and each other. After this procedure, the original (primary) land plot is abolished, and in its place new, smaller objects are formed, each of which has all the signs of independence.

However, after the formation of two separate objects, both co-owners of the primary allotment still have the right of joint ownership of them.

To divide the land into two parts, the following conditions must be met:

The purpose of the newly formed objects must remain the same as the original one.
The size of each of the secondary plots cannot be less than the minimum allowable for a given category of land in a given region.
Each of the newly formed plots must have free access for vehicles and pedestrians.
Land intended for peasant farming is not divided under any circumstances, since there is a legal ban on the division of land in this category.

Legal section

Any real estate may have one or more owners (common shared ownership). Most often, common shared property arises after the acceptance of an inheritance by several heirs or after a divorce. As a result, the land plot has two co-owners, and while the shares of the heirs may be different, for the former spouses they are recognized as equal, 50% each. But the land plot is still a single object with one cadastral number and address.

The procedure for legal division of a land plot depends on the situation. The division of land between former spouses is possible according to two options, namely:

As a result of a voluntary agreement certified by a notary office. Such a document is the basis for issuing a certificate of ownership of half of the land plot.
According to the court . Division based on a court decision occurs in cases where co-owners cannot reach an agreement.

The division of a land plot received by inheritance occurs on the basis of a certificate of inheritance and is carried out according to the inherited shares.

In accordance with the Civil Code of the Russian Federation, all co-owners of a real estate property have the right to dispose of their shares without restrictions, the share can be:

sold;
donated;
bequeathed.

The only difference when disposing of shares of an allotment from the whole is that, according to the Civil Code of the Russian Federation, the co-owner of the property has a preemptive right to acquire it.

Division of land in kind, methods and obstacles

If the co-owners of the land have normal relations with each other, then such a legal division is usually enough to divide the plot between the owners. But in practice, it is not always applicable, especially if strained relations have been established between the co-owners. The land plot still remains a single object, which means that many actions on the plot require the consent of all its owners.

For example, one of the co-owners wants to plant an orchard on the property, but the second does not need such a garden, he wants to plant vegetables and potatoes. Either one of them wants to carry out land reclamation and drain the swamp in the center of the plot, and the second, on the contrary, wants to deepen this swamp and equip a pond with fish there. As long as they are the owners of shares of a single plot of land, each of them will not be able to realize their plans.

That is why most owners of land shares seek to transfer their half of the plot into real independent land plots. Really, there are two options:

in accordance with a voluntary agreement on the use of land;
by allocating a share of the plot in kind.

Each of the options has both advantages and disadvantages, but there are currently no other methods of dividing a land plot.

Section stages

The division of a land plot occurs in several stages:

Coordination of land surveying with all co-owners; for this it is necessary to obtain their written consent.
Land surveying to determine the boundaries of the allotment. To do this, you need to contact an organization that has a license for this type of activity. Land surveying must take place in the presence of all co-owners or their representatives (with a power of attorney). All boundaries of the allotment are fixed with special boundary posts, then the areas of the initial and secondary allotments are determined, drawings are drawn up and the boundary work is formed.
Drawing up a voluntary agreement on the division of land. The document must be certified by a notary office; this requirement is necessary in order to exclude in the future any illegal actions on the part of any of the parties to the agreement.
In the absence of agreement between the owners, filing a statement of claim in court and subsequently receiving a court verdict (if its decision is positive).
Assignment of separate addresses to each of the secondary plots. To do this, you need to visit your local municipality and write a corresponding application. It must be accompanied by a survey file, a cadastral passport for the primary plot, all title documents and a copy of a voluntary agreement or court order.
Providing title documents to cadastral authorities and registering secondary plots for cadastral registration. Ten days after applying to Rosreestr, owners of newly formed plots receive cadastral passports for them.
Registration of ownership of new real estate.

Cost of work

For each secondary plot, payment for cadastral work must be made. Thus, the cost of all land surveying work will be equal to the price of land surveying one plot, multiplied by the number of newly created ones. In each region, the cost of cadastral work is different, for example, in the Moscow region it is calculated as a percentage of the price of a land plot, and in the Central District it most often amounts to 7-8 thousand rubles per plot.

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).

Legislative aspect

During the division of a land plot, new plots are formed, and the original territory ceases to exist. The only exceptions are the cases specified in paragraph 4 of Article 11.4 of the Land Code and in other legislative acts (in particular, in Federal Law No. 214-FZ).

If state or municipal territory is subject to division, then several plots can be formed from it. At the same time, the boundaries of the divided allotment remain within the old limits. Such norms are prescribed in Law No. 214-FZ.

In accordance with Article 39.2 of the Land Code, after receiving an application from an interested person that it is necessary to approve a plan and scheme for the redistribution of land, the responsible authorities are obliged to make a decision on approval or refusal no later than one month from the moment the application is sent to them.

The application should be accompanied by a prepared plot division diagram, as well as copies of all documents that establish the right to use the plot (including documents on ownership). Such standards are established by Law No. 361-FZ.

Sample application for division of land

We will tell you why the law considers part of a land plot as an object of land legal relations.