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:
- Suitable for agricultural processing . This group includes lands used for crops, haymaking, gardening, vegetable gardening, grazing, etc.
- 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- withdrawn from circulation.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: Share in the right of common ownership of common property
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
The process of separating an allotment from joint shared ownership
In order to allocate a share of land, a lot of work will need to be done. Today, such a procedure takes a lot of time due to the fact that the state has provided specific deadlines allocated for waiting for the final allocation of the share.
Isolating a share plot from the general land mass is a very difficult procedure . To receive a share, you must go through all the procedures correctly, because if you make any mistakes, you will receive a refusal .
To minimize the likelihood of any problems arising at various stages of registering a share, it is recommended to seek help from a qualified lawyer who will help in this matter.
This article discusses general procedural issues that you need to know at the initial stage.
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
Order and procedure
When carrying out the procedure, a citizen must choose one of two options:
- initiate registration by enlisting the support of the remaining owners at the general meeting;
- go to court to protect your rights and interests if it was not possible to reach a unanimous agreement among the meeting participants.
Based on the above, the first thing you need to do is convene a general meeting and find out the opinions of the other land owners.
detailed instructions
If no objections are received from the co-owners, your action algorithm should be as follows:
- A general meeting is held. All shareholders are notified of the collection no later than ten calendar days before its scheduled date. The minutes of the meeting must necessarily contain the following items: list of participants, time and address of the meeting, rules of the event, issues considered, number of voters “for”, “against” and “abstained”, parameters of the allocated share, the decision made, list of documents, signatures of participants.
- In the presence of a cadastral engineer, the boundary plan is approved.
- An application is sent to Rosreestr to receive cadastral documentation. In addition to the application, registrars should submit an act of cadastral work and minutes of the general meeting.
- After reviewing and checking the documents, a second visit to Rosreestr is required, as a result of which changes are made to the state register, and the applicant receives an extract from the Unified State Register of Real Estate on the ownership of the allocated land property.
List of documents
When first contacting the registrar, the initiator of the redistribution of land property must submit the following documents to the employee:
- minutes of the general meeting of shareholders;
- an act drawn up by a cadastral engineer with permission to allocate a share in kind;
- a document confirming the establishment of the boundaries of the allotment, signed by all co-owners;
- privatization agreement, deed of gift or other document of title;
- passport.
On a second visit to Rosreestr. The applicant must additionally submit to the government agency:
- extended extract from the Unified State Register of Real Estate;
- a certificate stating that the remaining shareholders have no claims;
- appraisal act for the land plot.
Timing and cost
If the issue is resolved peacefully, in less than a month you will become the sole owner of the land:
- the cadastral extract is issued within 10 calendar days;
- re-registration of property rights in Rosreestr will last a maximum of 2 weeks.
The only expenses you will incur in the amount of 350 rubles are when paying the state duty to Rosreestr. This can be done through a terminal installed directly at the registrar’s office or at the cash desk of the bank closest to you.
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.
The procedure for allocating a land share in kind
Unfortunately, the procedure can drag on for a long time, since the state sets specific deadlines that must be waited out to obtain a decision.
In kind How to separate a land share from the common shared property? It is necessary to take into account that the general array is divided into certain areas. When choosing a share, you will need to take into account its area and other factors.
These include:
- ballohectarity (indicates the quality of the site) - the greater the ballohectarity, the better quality it is, but the smaller its area will be;
- close location of a river, forest, etc.;
- distance to the road or the nearest populated area.
Procedure Before starting the procedure, you will need to make sure that the agricultural territory belongs to the enterprise and is included in its land fund.
Allocation of land share in kind: rules and procedure
Important After this, you can safely begin to implement the step-by-step process of obtaining a share plot. At the first stage, the site surveying procedure takes place. To carry out this procedure, it is enough to contact the BTI or other structures that provide similar services, as well as those that have the appropriate permitting licenses.
If the company does not have the necessary licenses, then the survey results obtained will not have any legal force. Upon completion of the land surveying procedure, the agricultural land share will acquire its own registration number, which will be used for its final registration.
At the next stage, you need to place an advertisement in the local newspaper, where it will be reported that you will soon carry out the procedure for allocating a plot of land.
Allocation of shares in kind
Situations when a citizen becomes the owner of an unallocated share are not uncommon, for example, many receive such land as ownership by inheritance or specifically purchase it to create their own business or subsequent resale.
Since the law on providing land plots to collective farm employees was adopted in 1991, many residents of villages and small towns have become owners.
Possible problems If you find yourself in a situation where you need to allocate a land share against land shares, it is very important to know in advance what difficulties and questions may arise at one stage or another.
Share allocation in kind
The list of required documents includes:
- A document that indicates ownership of a specific territory;
- Cadastre plan;
- A copy issued for a specific area;
- Cadastre passport;
- In documentary form, a joint decision of the members of the array to allocate a share plot to a specific person;
- A copy of the printed publication where the advertisement was published;
- Payment receipts;
- A land deed issued by the local land committee.
Example of an application Depending on which agricultural organization you are a member of, as well as on the specifics of your requirements, because perhaps you want to allocate a share for fish farming, the content of the application may vary significantly.
Land share. How to allocate your share in kind?
In such an advertisement it is necessary to indicate the following information:
- FULL NAME;
- Name of the organization;
- The area of land allocated in hectares.
Initially, the site is tied to a specific landmark. For example, the land is located two kilometers from a populated area.
You also need to indicate an address where any objections can be sent within 30 days after the announcement is published in the printed press. The advertisement must include a site plan. Such a plan-scheme is carried out taking into account the reference to a certain landmark.
When publishing an ad, you need to remember: you need to indicate that you have a copy of the site plan on hand. The council of members of the array can begin to be assembled immediately after the expiration of 30 days, which are allocated for the receipt of any objections.
Allocation of a land share in kind: methods of land surveying, difficulties
A land share is a plot allocated from the territory of joint ownership. These plots were actively distributed by the state to agricultural workers about twenty years ago.
Then there was a significant need for this - it was necessary to increase the class of personal landowners, which would push the country towards the development of a market economy. Today it will be possible to obtain a land share for a number of reasons.
Among them stands out: Grounds The following people have the right to receive a land share for free:
- collective farm workers;
- state farm pensioners;
- cultural and healthcare workers;
- employees of agricultural enterprises.
The plot itself is given to them free of charge, but despite this, they will need to pay for the activities of cadastre workers and land tax. Without this, the privatization of land will be impossible and it cannot be disposed of.
Source: https://autostrahovka24.ru/poryadok-vydela-zemelnogo-paya-v-nature/
/ Customs law / The procedure for allocating a land share in kind
At that time, such manipulations had a good reason. The main goal was to increase the number of land owners, which was supposed to be an impetus for the rapid development of a market economy. Now it is possible to obtain a share of land for several reasons. Among the main reasons for isolating a shareholding, the following can be highlighted:
- Purchasing a plot of land;
- Transfer of a plot of land by inheritance;
- Select.
The main reasons for allocating a land plot The following may apply for a free share of land:
- Collective farm workers;
- State farm pensioners;
- Cultural workers and healthcare workers;
- Employees of organizations representing the agricultural sector.
The issuance of a land plot is completely free of charge.
The cadastral engineer must provide the rights holders of the original land plot (that is, from which other land plots are formed by allocating a share) the opportunity to familiarize themselves with the draft boundary plan within a month before the day of its approval (Clause 6, Article 13.1 of Federal Law 101).
Notices of the place and procedure for familiarization with the land surveying project are sent to participants in shared ownership or published in the media determined by the constituent entity of the Russian Federation (Clause 7, Article 13.1 of Federal Law 101).
Further, rights holders can submit justified objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (Clause 11, Article 13.1 of Federal Law 101).
Then the procedure is repeated again, or there is only one way left - consideration of the case in court.
