Disaggregated land share from agricultural land

The Office of the Rosselkhoznadzor of the Tomsk Region (hereinafter referred to as the Office) carried out in 2017 inspections of the compliance of land ownership with the land ownership requirements on the lands of the former PLO Versininsky, AOIT Kaltai, Mégeninovsky, AOIT Friends, Punctual, Kornilovsky and Semiluzhinsky AOZT "Agrofirma Petrovo" of the Tomsk District, which found that citizens (owners of land) were poorly literate in land relations.

As part of the inspections carried out, no use has been made of agricultural land in common share ownership, as a result of which weed and wood-stars have grown and become unusable for purpose, and as a result of which unauthorised landfills of municipal solid waste have been generated.

The Office undertook preventive work with the owners of land shares to further prevent violations of the requirements of the legislation and explained the land legislation of the Russian Federation.

As the owners of the land share explain, the reason for the non-use of the land in the absence of an economic entity that would have rented their land, they do not collect the land because they do not have livestock in their own hands.

Most land owners wait for a good buyer to buy the land, but they do not want to buy it at a high price, and they do not want to give it free to speculators.

In turn, the renting of such land by economic agents is slow, as the tenant becomes too dependent on the decisions of the owner of the land, with considerable money to pay for the treatment of abandoned land and for the destruction of forests.

We believe that the following questions should be answered once again:

What is the land share and the manner in which it is managed?

Without allocating land to a share of the land, the participant has the right, at his or her discretion, to bequeath his or her share of the land, to renounce the right to own the share of the land, to transfer it to the statutory capital of an agricultural organization that uses the share of the land, or to transfer his or her share of the land to a trustee, or to sell or give it to another member of the share of the property, as well as to an agricultural organization or a member of a peasant (farm) who uses the share of the land; the participant has the right to dispose of the share of the land of his or her choice in other ways only after the allocation of the land to the share of the land.

In what document can we look at the land-use boundaries transferred to common share ownership in order to determine the area of land ownership?

The land-use planning material (map) is part of the Land Redistribution Project, which is stored in the State Data Fund at the Rosreestra Office for the Tomsk Region at:

Tomsk, Lenina, 111, cab 49.

In order to become familiar with the Land Redistribution Project, a citizen must present a document of identification and a document confirming the right to land.

• The maps clearly show the contours of all the fields involved in the land use, their numbers, the area and even their value in the ballasts.
• Can the land share be sold?
• A member of the joint property may sell a share of the land only to another member of the joint property, to an agricultural organization or to a citizen who is a member of the peasant (farm) farm who uses the land in the joint property.

You can't sell the land share of the agricultural land to any other person, and you can't sell it to any other person until the land has been deposited into the land share.

Following the allocation of agricultural land to the land share, you are obliged to offer to buy the land to the local government.

If he refuses, it's only then that you can sell agricultural land to any other person.

Can the land share be leased?

It is not possible to lease the land share.

Only formed land that has been registered by the State may be leased, including those in joint ownership (art.

Article 22 of the Land Code of the Russian Federation also does not provide for the possibility of renting shares of land ownership.

How can we formalize the waiver of the right to land?

Renunciation of ownership of the land share is effected by submitting an application to the rights registration authority at any branch of the Tomsk Regional Multifunctional Centre for the provision of State and municipal services, without charge of the State.

The right of ownership of the land share ceases on the date of the State registration of the termination of the said right, and at the same time the right of ownership of the land in the rural settlement at the site of the land plot whose ownership of the land share has been waived arises.

Where do you need to go to get the paperwork for the land lobe?

If you have any questions about agricultural land,For further information, please call 8 (3822) 44-32-45 to the Chief of the State Land Supervision Department of the Rosselkhoznadzor Office for the Tomsk Region of Matrosov, Victor Yurievich.

Victor Matrosov, Head of State Land Survey, Rosselkhoznadzor Department, Tomsk Region

Two ways in which a share of the land assigned to agriculture can be distinguished

A few decades ago, as a result of the privatization of land, many villagers were given land to a common share of property, without defining the specific boundaries of each owner ' s land; this is an area that can be used collectively by agreeing on rules of use; it is possible to manage the land only after the land is allocated to the land share; this procedure is called the allocation of a share in kind; although many years have passed since the privatization, the question of its proper implementation is still on the agenda; citizens are increasingly willing to farm their own land, make the most possible profit, rather than simply receive an annual rent from large farmers.

So, in order to make an extract, you have to go to the cadastral engineer, who will prepare the intersectional plan and project.

There are two ways of allocating the share: in the first way, the project is approved by a decision of the general meeting of the participants in the joint ownership, and a list of the owners of the land formed and the size of the share thereof is approved; then, on the basis of the project of interwealthing, a plan is drawn up.

"You can consult here before you start ordering an extract from the Single State Real Estate Register (EGN) on the land from which the extract is made, and you can see where its borders are on the documents. The extract provides a graphic description, and the owners will be able to see the entire land," says the head of the Cadastral Chamber of Tajikistan, Anna Mirasova.

In the second way, the owner himself approves the project of inter-relationship, but it is necessary to agree on the size and location of the boundary of the allocated plot with all the shareholders, and for this purpose a notice is published in the media that the project of land-sharing needs to be harmonized.

If within thirty days from the date of publication of the notification there is no objection to the size and location of the boundaries of the allocated land, the project shall be considered as agreed.

If a dispute has arisen as to the size and location of the area allocated to the land share, it shall be dealt with by a court.

"If the original land is leased, the right to give consent to the lessee or the pledge holder to lease the original land for the establishment of the land is not required," Anna Mirasova explained.

She also pointed out that a register error could be detected in the procedure and that it was followed by incorrect measurements of the coordinates of the turning points of the reference land, in which case the boundary or area of the lot might not coincide with the recorded data.

You can correct a mistake, you can do it again, only the cadastral engineer can do it.

Following the preparation by the cadastral engineer of the inter-city plan and the land-sharing project, a person who has decided to allocate the land to his or her land share shall apply for the State cadastral registration, together with the registration of the ownership right, and his or her representative may do so.

Procedure for allocating land to the land share (land shares) of the agricultural land under lease

Procedure for allocating land to the land share (land shares) of the agricultural land under lease

The lease lessor uses a plot of land that has been placed on the cadastral register and is entitled to the general ownership of citizens; the land area is an essential condition of the contract.

The current legislation of the Russian Federation allows for the transfer of ownership of land shares from one person to another, but only in the cases provided for in article 12 of Federal Act No. 101-FZ on the trafficking of agricultural land, followed by Federal Act No. 101-FZ.

In accordance with article 617 (1) of the Civil Code of the Russian Federation (hereinafter the Civil Code of the Russian Federation), the transfer of ownership of leased property to another person does not constitute a basis for the modification or termination of the lease contract.

Federal Law N 101-FZ provides that the administration of land in common share ownership (including its rental) shall be decided by the general assembly of participants in common share ownership.

The possibility of allocating land to a share of the land leased is only subject to the conditions set out in article 14, paragraph 5, of Federal Act No. 101-FZ.

In the event that the owner of the share of the land at the general assembly has agreed to the transfer of the total share of the property to a lease, but has subsequently sold his or her share of the land to another person, the new owner of the share is not entitled to allocate the said share of the land until the end of the lease.

In the event that a member of the common equity that voted against the lease subsequently acquired additional shares, such shares may, in accordance with article 14, paragraph 5, of Federal Act No. 101-FZ, be allocated such shares only after the expiry of the previous lease agreement.

If the owner disagrees with the conclusion of the lease agreement and votes against it at the meeting, the owner must notify the lessee in advance of the intention to allocate the land to his or her share (land shares) and make it so as not to prevent the lessee of the land from completing all agricultural work in the allocated portion.

Upon expiry of the lease agreement, a general meeting of the parties to the common equity property must be held, at which the new owner of the land share may declare his disagreement with the conclusion of the lease contract and make the relevant share of the land in accordance with article 14, paragraph 5, of Federal Act No. 101-FZ; otherwise, the lessee shall have priority over the conclusion of the lease of the land for a new term.

The formation of land is permitted on the basis of the written consent of the lessee of the land from which the land is derived (art. 11.2, para. 4, of the Russian Land Code).

The agricultural sector is characterized by seasonality of production, exclusive dependence on weather conditions and a long cycle of capital turnover, so that the agricultural producer, the tenant of the land, plans to operate within the duration of the contract for the lease of the land, the parties to the contract must fulfil their obligations accordingly (art. 309 of the Code of Criminal Procedure). Unilateral waiver of the obligation and unilateral modification of its terms are not permitted (art. 310 of the Code of Criminal Procedure).

The actions of citizens and legal persons carried out solely with the intention of causing harm to another person, as well as the abuse of the right in other forms, are prohibited (art. 10, para. 1, of the Criminal Code of the Russian Federation). In the event of non-compliance with the requirements of paragraph 1 of this article, the court, arbitral tribunal or arbitral tribunal may refuse to protect the person ' s right.

In the event of a breach of the terms of the lease contract, the debtor is obliged to pay damages (article 393 of the Civil Code of the Russian Federation).

Losses are the costs that a person whose right has been, has made or will have to make in order to restore the violated right, the loss or damage to his or her property (real damage), as well as the lost income that he or she would have earned under normal conditions of civil turnover had his or her right not been violated (lost profit) (art. 15 of the Civil Code of the Russian Federation); moreover, if the person who has violated the right has thus earned the proceeds, the person whose right has been violated is entitled to claim compensation, along with other losses of loss of profits, in the amount of not less than such income.

Accordingly, if the land has been issued before the expiry of the lease, the lessee is entitled to recover all damages suffered, including loss of profits.

Ministry of Economic Development of the Russian Federation — Communications from citizens

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

LETTER LETTER

13.03.2013 No. G-D23-1210

The Real Estate Department of the Ministry of Economic Development of Russia (hereinafter referred to as the Real Estate Department) reviewed your appeal of 13 February 2013 to the Ministry of Economic Development of Russia and reports.

In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Government Decision No. 437 of 5 June 2008, the Ministry of Economic Development of the Russian Federation did not have the power to explain the legislation of the Russian Federation or its application.

We believe, however, that it is possible to state the following on the issues raised in the communication.

In accordance with article 13, paragraphs 2 to 4, of the Federal Act of 24 July 2002.

No. 101-FZ "On the turnover of agricultural land" (hereinafter referred to as the Turnover Act) is formed by the allocation of land to a share or land share on the basis of the decision of the general meeting of the participants to share property or by the allocation of land in accordance with the procedure laid down in article 13, paragraphs 4 to 6, of the Turnover Act on the basis of the land-sharing project prepared by the cadastral engineer, while the size and location of the land-use boundary allocated to the share or share of land must be agreed upon by the cadastral engineer in accordance with article 13.1 of the Turnover Act.

In accordance with article 13, paragraphs 6, 12.

1 The Law on Turnover in the preparation of an inter-relationship project to be approved by the general assembly of participants in joint ownership, the cadastral engineer shall provide the right holders of the land or land from which the land will be allocated as a percentage of the land or land shares (hereinafter referred to as the reference land or the reference land), to the local self-government authority of the settlement or urban district at the location of each reference land, and, if the owner of the cadastral works is not the right holder of the original land or the original land, the cadastral employer shall have the opportunity to review the project prior to its approval and submit proposals for its improvement.

In the event that no objection is received from the parties within thirty days of the proper notification of the joint property to the participants of the agreement on the land-sharing project in accordance with article 13.1, paragraphs 9 to 11, of the Traffic Act, the land-sharing project is deemed to be agreed.

The procedure for the formulation of objections is set out in article 13.1, paragraph 13, of the Traffic Act.

In accordance with article 13.1, paragraphs 14, 15, of the Turnover Act, Objections are sent to the cadastral engineer who has prepared the relevant land-sharing project, as well as to the cadastral authority at the location of such land.

Disputes over the size and location of the boundaries of the land share or land share of the land shall be decided by a court.

Thus, in accordance with the procedure established by the Traffic Act, objections are an obstacle to the continuation of such a plot and to the carrying out of cadastral work for the preparation of a draft for the settlement, and the above-mentioned works may be resumed only if the objection is withdrawn by the person making the objection or by judicial procedure.

In addition, we report that the Traffic Act does not establish criteria and that objections must be considered to be reasonable or unreasonable.

In accordance with article 11.2, paragraphs 1, 4, 6, article 11.4, paragraph 1, of the Land Code of the Russian Federation, land is created by the division, consolidation, redistribution or extraction of land from land, as well as from land in State or municipal property.

• Land may be created with the written consent of land users, landowners, tenants and land holders, from which land may be divided, merged, redistributed or allocated.
• Such consent to land shall not be required in the following cases:
• - In the creation of land from land in State or municipal property provided to State or municipal unitary enterprises, public or municipal institutions;
• - In the event of the creation of land on the basis of a court decision, irrespective of the consent of the owners, land users, landowners, tenants, land holders, from which land is divided, merged, redistributed or allocated.
• In addition, in accordance with article 13, paragraph 1, of the Traffic Act, a participant or participants in joint ownership of land from agricultural land is entitled to allocate land to their land share or their land shares, provided that this is not inconsistent with the requirements for the creation of land as laid down in the Land Code of the Russian Federation and the Traffic Act.

In addition, article 14, paragraph 5, of the Trafficking Act provides that a participant in the joint estate who, at the general meeting of the parties to the joint ownership, disagrees with the lease of the land in the joint ownership or with the terms of the lease of such land, is entitled, if it is leased, to allocate the land to its own share or share of the land in accordance with the rules set out in article 13, paragraph 4, of the Turnover Act and to dispose of the land share allocated to it at its own discretion; however, the consent of the land lessee or the mortgage holder of the right to lease the land in the land in the interest of the land or the land share of the land is not required and the lease or lease rights in respect of the allocated land is terminated in order to modify the terms of the contract for the lease of the land in the joint ownership in connection with the allocation of the land in respect of the land share or the land share does not require a general assembly of the participants in the joint ownership.

Thus, in the case of the creation of a land plot, compulsory consent to the establishment of the land is required, except in the cases referred to above as provided by law, through the allocation of land, including from agricultural land, to the amount of land or land shares.

We also report that, in accordance with article 16, paragraph 1, of the Turnover Act, land leases entered into prior to the entry into force of the Traffic Act (until 27 January 2003).

) must be brought into line with the rules of the Civil Code of the Russian Federation and article 9, paragraph 2, of the Traffic Act within eight years of the entry into force of the Traffic Act (until 27 January 2011).

However, there are no legal consequences of non-compliance with the above requirements under the Traffic Act.

In order to bring about a lease on the land, dated 17 July 2000.

In accordance with the legislation in force, the Real Estate Department is of the view that it is now necessary to carry out land creation activities through the allocation of land shares or land shares in accordance with the requirements of the Land Code of the Russian Federation and the Traffic Act and thereafter to carry out State registration of the right to lease such land.

2. On the ownership, use and management of land from agricultural land.

1. Article 14, paragraph 1, of the Traffic Act stipulates that the ownership, use and disposal of land from agricultural land owned by more than five persons shall be in accordance with the decision of the parties to the joint property, which shall be taken at the general meeting of the participants in the joint ownership.
2. The list of decisions that participants may make at a general meeting is set out in article 14, paragraph 2, of the Traffic Act and is closed.
3. In particular, article 14, paragraph 3, paragraphs 2, 4, 7 of the Traffic Act provides for the holding of a general meeting of the parties to the joint property on the approval of the land-sharing project, the approval of the amount of the share of the joint ownership of the land under the inter-relationship project and the terms of the lease agreement for the land in the joint ownership project respectively.
4. The provisions of article 14, paragraph 1, of the Traffic Act do not provide for the resolution of other matters by the parties to the joint property.

However, according to article 11.5 of the Land Code of the Russian Federation, the land plot generated by the allocation of land shares belonging to several owners is entitled to the common share ownership of the said owners.

In accordance with article 246, paragraph 1, of the Civil Code of the Russian Federation, the disposal of property in equity property is effected by agreement of all the parties to it.

Disbursement of land to land share (land shares) from agricultural land

The allocation of land is made in the case of a share or share of the land in the joint property.

One or more plots of land are formed when the land is allocated, while the land from which the extraction is made remains within the modified boundaries (changed land).

Articles 13, 13.1 of the Federal Act of 24 July 2002 No. 101-FZ "On the turnover of agricultural land" (hereinafter referred to as the Turnover Act).

Land may be created by a decision of the general meeting of the parties to the joint property if the decision approves the land-sharing project, the list of the owners of the land formed and the amount of their share in the joint ownership of the land formed; if the land is formed by a decision of the general meeting of the parties to the joint ownership and in accordance with the agreement of that assembly on the land-sharing project, no further agreement is required on the size and location of the boundary of the land formed.

In the preparation of a project for the settlement to be approved by the general assembly of the participants in the joint ownership, the cadastral engineer shall provide the right holders of the land or land from which the land will be allocated to the land share or land shares, to the local authority of the settlement and, if the owner of the cadastral works is not the owner of the land or land, to the cadastral employer the opportunity to review the project prior to its approval and to submit proposals for its improvement; the date of consultation of the land-sharing project may not be less than 30 days prior to the date of its approval.

• A notice of the place and procedure for familiarization with the land-sharing project shall be sent to the participants in the joint property or published in the mass media designated by the entity of the Russian Federation.
• In the event of the approval of the land or land distribution project by the decision of the general meeting of the parties to the joint ownership, at the same time as the decision of the meeting to approve the land distribution project, a decision must be taken to approve the list of owners of the land formed and the size of their share of the common ownership of the land generated.
• If the decision of the general meeting of the participants in the joint ownership is not reached, the owner of the land share or the land share shall enter into a contract with the cadastral engineer, who shall prepare a project for the allocation of the land to the land share or the land share.

The land distribution project, approved by the decision of the owner of the land share or the land share, is subject to mandatory agreement with the parties to the share ownership, and the scope and location of the boundaries of the land share or the land share of the land share is the subject of the agreement.

A notification of the need to agree on a project for the distribution of land is sent to the participants in the joint property or published in the mass media as defined by the entity of the Russian Federation.

In the event that within 30 days of the proper notification to the participants of the joint ownership of the agreement on the land-sharing project, there is no objection from the parties to the joint property as to the size and location of the boundaries of the land-sharing or land-sharing share of the land (hereinafter: objections), the land-sharing project is considered to be agreed and the cadastral engineer is required to draw a no-objection opinion.

Objections shall be addressed to the cadastral engineer who has prepared the relevant land-sharing project, as well as to the authority of the registration of rights at the site of such land, and shall contain the name, name and patronymic of the person who submitted them, the details of the identity document, the reasons for the disagreement, the cadastral number of the original land, together with copies of the documents confirming the person ' s right to land in the original plot.

1. Disputes over the size and location of the land share or land share of the land are dealt with in court
2. ______________________________________________________________________________________________________
3. Press service of the FGBB branch of the FPC Rosreestra, Krasnodar region

Question-and-answer period

24 April 2012

How to allocate land to share in the right of common ownership of land from agricultural land in accordance with the Federal Act of 24 July 2002.

No. 101-FZ "On the turnover of agricultural land"? Is there a time limit, or is it possible to do so at any time? Do you have to pay for this service? What happens if a citizen does not exercise his right?

According to art.

12 Federal Act of 24 July 2002

No. 101-FZ "On the turnover of agricultural land" (hereinafter referred to as the Law) applies to transactions involving shares in the right of common ownership of land from agricultural land in the event that the number of participants in common property does not exceed 5, the rules of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) which provide that: (a) the division of property shall be effected by agreement of the parties to the joint property; (b) in the event that the participants fail to obtain an agreement on the manner and conditions of the division of common property or to make a share of one of them, the participant in the joint property shall have the right to seek in kind the allocation of his or her share of common property.

In the case of more than 5 participants in common property, the rules of the Russian Civil Code shall be applied taking into account the special features set out in articles 12, 13, 14 of Federal Act No. 101-FZ of 24 July 2002 on the circulation of agricultural land (hereinafter referred to as the Act), which are as follows.

According to art.

13/ The participant or participants in the joint ownership of the land from the agricultural land is entitled to allocate the land to their share of the land or their share of the land in order to create or expand a personal support farm or peasant (farm) farm, as well as to lease or otherwise dispose of the land, unless the requirements of article 4 of the Act are violated (compliance with the minimum size of the allocated land, restrictions on the extraction of land from the composition of watered agricultural land and (or) desiccated land, etc.)

First, the decision of the general meeting of participants in the joint ownership may approve the location of a portion of the co-owned land intended for the priority allocation of land to land shares.

In this case, the location of the land allocated to the land share shall be determined by the participant in the joint property in accordance with the said decision on the basis of which the plot is formed.

In other words, the decision of the general meeting of the participants in the joint ownership itself determines the location of a part of the land area intended to prioritize the allocation of land to land shares and, accordingly, the "second paragraph" of the decision may specify the location of the allocated land.

Second, if such a decision has not previously been discussed at the general meeting of the parties and has not been taken up accordingly, it may be initiated in accordance with the procedure established by article 14 of the Act.

In particular, a general meeting shall be held on the proposal of the agricultural organization using the land or on the proposal of the participant in the joint ownership of the land.

The proponent of the meeting shall notify the other participants of the joint property not later than thirty days prior to the day of the meeting, in writing (post cards, letters) and by placing appropriate announcements on information boards located on the territory of the municipal entity at the place where the joint property is located, or by publishing a report in the media designated by the entity of the Russian Federation; the general assembly of the participants in the joint ownership shall be deemed to be eligible if the participants in the joint ownership of the land, which is not less than 20 per cent of their total number or has more than 50 per cent of their share of the common ownership of the land, is deemed to have been voted upon if the participants in the joint ownership of the land, present at such a meeting and who together hold more than 50 per cent of the shares in the common ownership of the land from the total number of shares of the participants present at the meeting, and the decision shall be taken by a protocol.

Third, if the general assembly of the parties to the joint property has not approved the location of part of the joint ownership of the land intended for the priority allocation of land to the land share, another procedure for the allocation of land under article 13 of the Act may be used.

• In particular, the participant in the joint ownership in this situation is obliged to notify in writing of his/her intention to allocate the land to his/her share of the other participants in the joint ownership or to publish a report to the media, as defined by the entity of the Russian Federation, indicating the intended location of the land allocated to his/her share of the land.
• The notification or communication should contain: (a) a description of the location of the land allocated to the land share, which makes it possible to determine its location on the ground; and (b) an indication of the need to send in writing to the other parties of the share ownership regarding the location of the land.
• The amount of land allocated to the land share shall be determined on the basis of the data specified in the documents certifying the land share.

If within thirty days from the date of notification of the participants ' joint ownership of the land from the agricultural land there is no objection to the location of the allocated land, the proposal for the location of such land shall be deemed to be agreed; these objections shall be justified.

Disputes over the location of the allocated land are settled by the parties to the joint property through conciliation procedures, the procedure for which is established by Cabinet of Ministers Decision No. 146 of 16 June 2006 (with the participation of conciliation commissions established by local government bodies).

In the event that an agreed solution is not reached, disputes over the location of the allocated land shall be heard by the court.

The costs may relate to the publication of information in the media, the issuance of notifications to other participants in the joint ownership and the State registration of ownership of the allocated land if the citizen wishes to exercise this right.