How to secure ownership of the land

Yuriy Poznukhov/Fotolia

If necessary, I'd be willing to give up part of the dwelling if necessary in favour of the other co-owners. Is it possible to single out my 7 ducts in this situation? If so, what do I do for that? What's the action algorithm? I've heard that the land and the house on it are now considered as a single property complex. In this connection, I can't separate my 7 duct land from the law. Is that really true?

According to Roman Alimov's lawyer:

Yes, your share can be allocated to a separate land that belongs only to you, but this will require the consent of the other partners, inter-relationship, cadastre and registration of the new land.

Whether or not you have to give up your share of the house depends only on how you negotiate with the others; the land plot and the house on it are indeed very closely linked by legal rules, but it is not exactly correct to call them a single property complex.

In your case, it is important that the land allocated does not interfere with the use of the home.

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The Director-General of the Interregional Housing Programme, Moving to Petersburg, and the Director-General of Real Estate in Petersburg, Nikolai Lavrov, is responsible for:

First of all, the consent of all the partners and their participation are necessary to allocate a share in nature, and then order a project to separate the site by defining the access points at each of the sites and the exact boundaries.

To agree with the partners, to submit it to the Land Committee for approval, to inter-relationship, to obtain new cadastral numbers and to register ownership, which is possible, but long and difficult, especially with so many co-authors.

There's a very good chance that any of your relatives will refuse to participate in this, so you'll have to accept it or sue the whole family.

The lead counsel for the Secondary Real Estate Department, Est-a-Tet, Julia Simova, is responsible:

A division of the land is possible in two ways: in the first case, an agreement is signed on the division and allocation of all parts in kind by agreement between the two parties, registration cards are made, cadastral engineers are invited and how and what to do is decided.

The second means that the matter is resolved through a court: a package of documents is prepared, a court card is requested from cadastral engineers for a certain type of record and the part that needs to be identified is recorded; the matter is then either resolved by a decision, or the settlement agreement is signed and the boundaries of the newly formed sites are confirmed.

It is then necessary to ask Rosreest about the placement and registration of property rights.

You'd better go to the geodesic professionals to see if you can do better to single out a part of the house or separate a part of the house with a small part of the plot, and keep the rest of the house on record and as free (for further construction of a new facility).

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According to Tekta Group's Law Enforcement Department, Julia Simanovsky:

It is possible to separate a part of the land from the total share of the property, which requires the consent of all owners of the common property.

If one of the other owners is against it, it is only through a court order that a part of the property in kind can be identified.

The court will decide on the basis of the size of the parties ' share of the right, or on the basis of the actual usage of the land.

The allocation of land in kind must take into account that the size of the land must be in accordance with the minimum standards laid down by law and must also take into account the technical and physical possibility of allocating the land in kind.

In order to carry out the work, it is necessary to order surveying and to establish the exact boundaries of the site as a result of the separation. On the basis of the measurements made, the cadastral engineer prepares an inter-office plan, the new site is placed on the cadastral register and, on the basis of these data, the ownership of the newly formed site is then recorded.

The Legal Counsel for INCOM Real Estate, Irina Gorskaya, answers:

Under article 252, property held in joint property may be divided between the parties by agreement between them; a party to the joint property may claim its share of the common property.

In the event that the parties fail to achieve 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 is entitled to claim in court the allocation of his or her share of common property.

The land may be divided according to the limits (minimum and maximum) of the individual plots, which are regulated by the legislation in force (preliminarily, the permissible size of the land in your area within the local self-government bodies should be clarified); each of the plots resulting from the division shall be provided with a separate approach; it is not possible to divide the land occupied by the landlord, requiring the separation of a part of the property from the property in strict terms of the separation.

However, if your associates agree with your proposals for the division of the land, you can draw up an agreement with them in which you can specify the principle of the division of the land.

If the solution is positive, the cadastral engineer will perform the inter-office work and then you will be able to place the newly created land on the cadastral register and register ownership.

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Answers Y.N., President of the Arbitration Court of Building Organizations, lawyer Julia Verbitzka:

The legal regime of joint property, which you have in this case, is defined by the Civil Code of the Russian Federation.

The owners of joint property, or so-called co-owners, have the right to determine on their own the regime and procedure for the use of joint property, including through the conclusion of civil contracts and agreements between themselves, in which case this may be done.

You, together with your relatives (owners), are conducting an assessment of the land (as a whole, consisting of a combination of shares, including yours) and of the home (as in the case of yours).

The next step is to interpolate the land by allocating its share in kind, which can be done both voluntarily and in court, and then you decide what to do with the 15/56 share of the house.

You can change it (e.g., an additional land area equal to the value, which is where you'll need an estimate) to give or sell to other associates.

You are also entitled to sell this percentage to third parties, but you will have to offer to buy it back to relatives at the price of the offer to others.

And only if the sale is not bought or refused will the sale be legitimate.

However, it is clear from practice that having a share in the house may help to resolve in a non-conflict manner the question of providing you with a suitable land, as agreed by the parties, provided that your relatives have a share in the house.

The lawyer of the law bar "Kuznetsov and Partners" of Irina Kuznetsov answers:

Unfortunately, it is not possible to give up the share of the house in order to make its share of the land, since the general rule is that the land is the property of the property in question; if there is no share in the house, there is no reason to divide the land; however, there are the following options for a peaceful resolution of the situation.

The first option is to conclude an agreement on the division of land and houses.

This is the best option from all points of view (financial, temporary) and, above all, by signing such an agreement, the parties are entitled to separate their common share ownership of the land and home as convenient to the parties.

The only limitation relates to the division of the land: the allocation of shares from which new plots of land will subsequently be formed shall not be less than the minimum amount of the land under the LIS in the territory concerned (usually 6 ducts).

In addition, it should be possible to equip the sanitary parts of the building (toilet, shower) as well as the kitchen and a separate entrance, but other features of the dwelling, including the possibility of remodelling due to wear and tear, also affect the possibility of emplacement.

It is likely that, with only 11 square metres allocated, the expert will conclude that it is not technically possible to separate the house; however, it is possible to conclude a settlement agreement with the other parties to the dispute (they are co-defendants).

In fact, the solution lies in reaching an agreement with other relatives (accompanies).

The third option is to apply to the court for a decision on the use of the land and the home, and in the course of the dispute, a forensic examination will be appointed to determine which part of the land and the home you are entitled to use.

However, the use of the house and land will not be restricted by the possibility or impossibility of dividing the house and land, but the legal land and the house will remain intact and no share will be made.

But this option can also be considered. Once a decision on how to use it will be made, it will be possible to block the allocated part and use it for the construction of any facilities.

However, it will later be necessary to prove that the objects (new house and bathhouse) were built by you.

• Text prepared by Maria Gureeva
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The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.

Total ownership of land: order and timing of registration in 2023

The joint ownership of the land is based on the consent of the parties, which is not always voluntary; the object of the right is any property; the right to joint ownership arises from the impossibility of dividing it into all participants.

Types of common property

Under land law, common land ownership is of the following types:

• The ownership of part of the land belonging to several natural persons (a share of ownership), in which case the natural person formally owns part of the land attached to it;
• The ownership of the entire land area by a number of natural persons, taking into account the shares that they have contributed (total share ownership).

In each of these cases, a partial right to joint property is assumed not to own part of the land allocated to public property.

In both cases, land ownership takes place after the parties have entered into a written or oral agreement.

Ownership of shares in common property

This option applies to the ownership of part of the land owned by:

• A garden and garden partnership;
• A garage or a co-operative.

All owners ' assembly determines the owners of each section, after which it is recorded in a protocol or other local act, and the owners of the sections are entitled to order the development of an inter-city project, specifying the actual situation of each section and its boundary.

Land ownership is used for a plot under the house; this form of ownership implies equal rights for all people living in the same house to the entire area under the house and in its vicinity, taking into account inter-country boundaries.

Some of the owners have different rights to use the land, in which case there is a dispute over the effective use of the land.

If the tenants of the home who have taken possession of the land do not reach an agreement, the law allows them:

• :: To establish a joint right by resorting to the courts;
• Try to agree on the allocation of shares in the right to common property.

Thereafter, each person will have the right to dispose of the allocated portion of the land adjacent to the home at his or her discretion.

Procedure for the use of land in common share ownership

The joint property on the land shall be held by:

• Several individuals who acquired it jointly;
• The relatives of the owner who inherited the land;
• Individual entrepreneurs who have formed a partnership;
• A lot of low-storey buildings.

In such cases, there will be no formal allocation of shares.

Each participant is not entitled to a separate part, but to the entire site.

The written or oral contract concluded by the parties shall have no serious legal effect; it shall acquire the status of a specific internal regulation for its use.

If a dispute arises between the parties, the option is to allocate a share to each of them.

Common property on a land under a multi-family house

Once the multi-storey house is put into operation, the owners will be settled there and they will receive a certificate confirming their ownership of the dwelling. The next step will be to choose the land adjacent to the house.

There are a few possible options:

• Lease of land from the municipality;
• The acquisition of land ownership through privatization is a matter to be decided by the joint meeting of the tenants of the house, taking into account the consent of each of them.

After privatization, each of them uses an equal rights section, where the area is broken down by flowering, playgrounds, parking lots and other infrastructure necessary for joint needs.

Once the plot has been privatized, each tenant formally receives his or her land allocation in proportion to the share he or she has in the home, but this principle is virtually non-existent in multi-family housing, because in this case the tenants are deprived of the benefits that are accorded to them as a public right.

The legislation suggests several ways in which the share of the land in their common property can be allocated.

All of these are complex, and it is therefore necessary to seek the assistance of legal professionals with experience in resolving such issues in order to conduct the procedure properly.

Advice can be obtained by telephone or by asking questions in electronic form, which is available on the Legal Guide.RU website.

How do you get the land if the co-owners don't want to go anywhere?

The house to be discussed in our history was built a long time ago, right after the war, first belonging to the same family, but after the owner of the house died, the property went to the heirs, and the right to it became shared.

The land on which the house is located has not been registered as ownership of the land could only be owned by the State, and no one has applied for land title since the introduction of the new laws.

In recent times, there has been much talk about the need to hurry the land, that the amnesty may soon be over, and after listening to this talk, Olga Stepanovna, the owner of the 1/2th percent of the house, asked her neighbour, who was also her distant relative, for land rights.

Olga Stepanovna, fearing that someone might take the land away from her by collecting all the necessary documents, rushed herself to the registration office, but after some time she was denied registration.

She understood from the reply that since the home ownership was in her possession with a relative of the common share of property, they also had to manage the land together. Without a joint application, nothing could be done to her alone.

After thinking about it, after consulting with a lawyer, Olga Stepanovna applied to the court, in which she filed an application for recognition of ownership of the 1.2 per cent of the land in the home.

Comment by counsel Svetlana Zmurko:

- It is true that, if the homeowner is in joint ownership, any form of ownership or registration of the land on which it is located takes place jointly by all the co-owners.

But in reality, this rule is very difficult to implement, because conflicts between neighbours are not uncommon, and the solution to this problem requires recourse to the courts.

• The law provides for the right to make the property of the land on which the house is located free of charge.
• Thus, by virtue of article 36 of the Land Code of the Russian Federation, citizens and legal entities with ownership, free use, economic management or operational management of the building, buildings and structures located on land held in State or municipal property acquire rights to these plots.
• Citizens and legal persons, the owners of buildings, buildings and structures, have the exclusive right to privatize land or acquire the right to lease land.
• It is not necessary to apply directly to the registration authority to obtain any additional land allocation documents, e.g. from the administration, for the purposes of granting the right of ownership.
• The Act states that if the house is owned by more than one person, they are entitled to acquire the land in common equity property or to lease with multiple persons on the tenant ' s side, taking into account the share of ownership of the building.

Article 3, paragraph 4, of the Federal Act of 25 October 2001 No. 137-FZ "On the Implementation of the Land Code of the Russian Federation" may also be invoked in support of its claims.

In accordance with this rule, citizens of the Russian Federation who, in the actual use of land with dwellings situated on them, acquired as a result of transactions which took place prior to the entry into force of Act No. 1305-1 of 6 March 1990 on property in the USSR, but which were not properly registered and registered, have the right to acquire, free of charge, ownership of the said land.

1. Epilogue.
2. Given that the law provided for Olga Stepanovna ' s right to regularize the ownership of the land, the court granted its claim.
3. Court expenses, including those of the Ministry of the Interior, were recovered from the defendant because, because he did not want to file a complaint with his neighbour, there was a need to bring a lawsuit before the court.

How to formalize the share of land in ownership, land ownership

The procedure for registration of the land and its ownership is rather complicated, and it will be even more difficult for the owner if he does not have a whole piece of land and part of it is a share.

It is necessary first to allocate the share, to legitimize it as a new possession, to establish boundaries.

It is important not only to get the papers right, but also to find a licensed and accredited expert to share the land.

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Land Tenure — What the Law says

The shares are divided either by agreement of the parties or in court proceedings, and the fundamental principles of joint ownership are set out in article 244 of the Criminal Code of the Russian Federation.

Real property — namely, land held by several owners — is registered as common property.

If the specific size of each owner ' s share is clearly determined, the ownership is recognized as a joint share; if the share ratio is not distributed, it is a joint share.

The legislator explains that in some of the cases listed by law, property in joint ownership cannot be divided between owners; if real property is not part of an indivisible property, it may be divided into joint property.

Which land is not to be divided

Land objects which, after the division, are recognized as indivisible:

• lose the application established by law;
• become impossible to use;
• is less than the legally authorized area.

For example, the land is intended for farming or housing; the plots formed after separation must also be able to build a house or to carry out a farm/auxiliary activity; each land owner must be provided with a separate and comfortable passage; each newly formed area must comply with sanitary and fire-fighting requirements.

The area of new plots after separation may not be less than the amount of land that has been established by law; the rules of land use and the minimum values of land ownership govern local authority.

How to allocate a share of the site

Any owner of real estate is entitled to the allocation and ownership of his or her share of the common property, and it must be ensured that there is no legal ban on the issue, that no newly formed part will lose its economic characteristics; if such restrictions exist, the owner of the share may claim monetary compensation.

The minimum amount of land may be claimed in territorial or municipal urban building committees; the figures may not be less than those approved by federal regulations:

• 4 coarse/good farm racks;
• 6 lumbers for the land to be appointed and for the building of a house, except in the case of the organization of farms;
• 20 ducts for agricultural business.

It is necessary to check and process the documents establishing ownership of the shared land, and it is also necessary to know whether it is on cadastral records, and to clean up the paperwork prior to the separation procedure, and to establish the boundaries if they do not exist.

The allocation of the share of the common property is made by agreement with the other owners, and two or more new shares are made on the site of one plot, while the portion of the land from which the portion is allocated is retained and must be processed within the modified boundaries.

If all owners agree with the share, the boundaries and location of the newly formed sites should be determined.

There's no need to confuse the issue and the division. The division of property creates completely new land objects. They need to be re-registered, assigned numbers.

The old divided land ceases to exist. Only the sole owner can divide the object, for example, if he decides to divide his land by a few in order to sell, give, etc.

He continues to be the owner of the educated parts until such time as they are ordered.

If the owner owns part of the land, it can only be made in kind, but the property is re-registered and the old one remains within the specified boundaries.

Summarize:

• A division — one owner divides his land into several parts, remaining the owner;
• Several owners of the same land share their shares.

If the co-owners are not prepared to resolve the matter peacefully, the division dispute is referred to the court.

Division of the plot by agreement of the parties

If the parties agree with the section or the extract, a cadastral engineer should be invited to agree on the new perimeters.

The specialist will develop a plan for the distribution of the share of the land and the location of its boundaries; the project will have to be agreed upon and approved by all participants in the section.

To this end, the cadastre officer is obliged to ensure that the project is made available to all owners.

On the basis of the approved cross-section project, the cadastral engineer travels to the field and carries out the "in kind" of the sections. The sections are marked with inter-city signs, which are registered by the engineer and entered in the cadastral records.

The owners are given an act specifying the exact coordinates of the inter-signals.

The engineer duplicates a complete reorganization plan in electronic form for transfer to Rosreestre, and changes are also reported to the territorial land administration authorities.

The paper version of the plan is transmitted to the owners of the land, together with an act of harmonization of the borders with the neighbours.

A separation agreement with all owners is then required, and the document will indicate:

• All owners ' data;
• Address and cadastral number of the plot;
• Consent to the division;
• An indication of the method of partition;
• The financial obligations of each party.

An application must be submitted to the local land authority or to the city administration to place the portion of the property on the cadastral register; the application must be accompanied by an inter-case case, ownership of the share in the joint property, a cadastral passport and a division agreement.

The outcome of the application will be new postal addresses assigned to the newly received sites, followed by the procedure for the regularization of the established properties and their ownership.

In order to register a new land plot in Rostreestra, the owner of the share applies for deregistration of the old in connection with its reorganization.

• In the State institution "My Documents", the IFC;
• On the State Services Portal;
• Personally applying to the Territorial Department;
• By mail.

At the same time, it should be pointed out that there is a need to register the newly created land, and the application is accompanied by the following documents:

• A certificate of ownership of the share of the old plot;
• Inter-case;
• The agreement of the owners of the old plot to the division;
• Passports.

The new crop is assigned cadastral numbers; the owners will be given an extract from the EGRN on the placement of the land on the register; after the legalisation procedure, you can apply to Rosreister at the site or via the Internet for a cadastral passport.

Directly in the territorial department, you will receive an original document with all the necessary seals and signatures. If you order a document on the website or by mail, prepare to confirm copies from the notary.

Land titling through court

If the land share has not been made peacefully, a claim must be filed with the court; the application must be filed with the court at the place of registration of the land; the price of the claim must be determined.

As a general rule, this is the value of the violation of the land right, in this case the amount of the plot, if the claim is more than 50,000 rubles.

the application shall be submitted to the District Court, if less, by the justice of the peace.

If the court rejects the claim, it is reasonable to replace the value of the share of the land with monetary compensation; if the claim is granted, then after the judgement comes into effect, the cadastral engineer must apply for the determination of the inter-State boundaries of the object. Once the inter-plan is received, the legalization mechanism will be similar to that described above:

• To assign an address to the land area
• Put it on the cadastre register;
• Set up property in Rosreister.

• The application is accompanied by the same documents, only the parties ' agreement on the division will be replaced by a judicial decision.
• Sources:
• Retrieve the site's cadastral number
• Application for public registration of the right
• Russian Land Code