Agreement on redistribution of shares in common shared ownership

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Content:

• On invalidation of an agreement on the redistribution of shares
• An example of redistribution of shares in the right of common shared ownership
• An error occurred.
• Redistribution of shares in land and house
• Agreement on redistribution of shares
• Agreement on change (redistribution) of shares in the right of common ownership of a land plot
• Agreement on redistribution of plot shares
• Allocation of share in kind

On invalidation of an agreement on the redistribution of shares

VIDEO ON THE TOPIC: Agreement on determining shares. SIMPLE WRITTEN FORM

In support of the stated requirements of P. According to the applicant, this refusal by the Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg is illegal and violates his rights of ownership, use and disposal of the land plot owned by right of ownership.

By the decision of the Vyborg District Court of St. Petersburg dated September 3 of the year in satisfaction of the stated requirements of P. In the appeal of P. Having listened to the explanations of the persons participating in the case, having discussed the arguments of the appeal, having studied the materials of the case, the judicial panel comes to the following.

In accordance with Part N of the Federal Law “On state registration of rights to real estate and transactions with it,” state registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the occurrence, limitation of encumbrance, transfer or termination of rights to real estate in in accordance with the Civil Code of the Russian Federation.

In addition, according to the Unified State Register of Rights, information on the state registration of the right to common shared ownership of P. The Judicial Panel, having assessed the evidence presented in the case materials, comes to the following.

Paragraph three of article three of the Land Code of the Russian Federation establishes that property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation, unless otherwise provided by land, forestry, water legislation, legislation on subsoil, on environmental protection environment, special federal laws.

According to the provisions of Art. Part of the fourth article According to paragraph.

The formation of land plots should not lead to wedging, interspersing, broken boundaries, interstriations, the impossibility of placing real estate objects and other shortcomings that impede the rational use and protection of land, and also violate the requirements established by this Code, other Federal Laws, Art.

By virtue of Part 3 of Article 1 of the Federal Law dated In accordance with paragraph 3 of Part 1 of Article 7 of the Law on the Real Estate Cadastre, a description of the location of the boundaries of a land plot is information about the unique characteristics of the property and is entered into the state real estate cadastre.

Article 5 of the Cadastre Law establishes that cadastral registration authorities assign cadastral numbers to real estate objects. The case materials include a cadastral passport of a land plot with cadastral number N. To substantiate the stated requirements, P.

The panel of judges considers this position of the applicant to be erroneous, formed on the basis of his incorrect interpretation of the provisions of the above norms. Indeed, the formation of a land plot and the creation of a new real estate property is possible, in particular, as a result of the transformation of existing land plots by redistributing them according to the rules of Art.

According to Art.

Due to the above norms of the Land Code of the Russian Federation, redistribution can be characterized as a set of actions aimed at transforming adjacent land plots, carried out on the basis of an agreement between the rights holders of these objects, as a result of which one or more other adjacent land plots are formed, but with other individualizing characteristics of the area, borders.

In this connection, the provisions of Part. It should be noted that one of the basic principles of land legislation is the principle of the unity of fate of land plots and objects firmly associated with them, according to which all objects firmly associated with land plots follow the fate of the land plots sub-clause.

Part 1 of Art. At the same time, provided for by the provisions of Part. The Judicial Panel believes that these provisions make it possible to take into account the diversity of life situations in order to ensure fair protection of the rights and balance of interests of all participants in common property.

• Thus, based on the above provisions of the law, it follows that not any agreement concluded between co-owners of a land plot can have legal significance, but only one that will comply with the basic principles and provisions of land legislation.
• Features of state registration of rights to land plots formed during the division, merger, redistribution of land plots or allocation from land plots are established by Art.
• Under such circumstances, the judicial panel comes to the conclusion that the contested refusal of the Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg to register an agreement on the redistribution of shares in a land plot is legal.

Legal grounds for satisfying P’s requirements. At the same time, the judicial panel draws attention to the fact that the applicant is not deprived of the opportunity to conclude an agreement with the co-owner of the land plot on the procedure for owning and using the common land plot.

The arguments set out in the appeal do not contain facts that were not verified and taken into account by the court of first instance when considering the case and would have legal significance for the adoption of a judicial act on the merits, affect the validity and legality of the court decision, or refute the stated conclusions, in connections with which are recognized by the court of appeal as untenable, based on an incorrect interpretation of the rules of substantive law, and cannot serve as a basis for canceling the court decision.

Disagreement with the court's conclusions cannot be considered as a basis for canceling a court decision on appeal.

The circumstances relevant to the case were correctly established by the court of first instance. The court gave all the evidence presented a proper legal assessment in accordance with the requirements of Art. The court did not allow any violations of substantive and procedural law that resulted in the issuance of an illegal decision.

Taking into account the above, guided by Art. The decision of the Vyborg District Court of St. Petersburg dated September 3 of this year in this case is left unchanged, the appeal is not satisfied. To view the current text of the document and obtain complete information about the entry into force, changes and procedure for applying the document, use the search in the Internet version of the GARANT system:

With common shared ownership, each owner has a certain share in the ownership of the common thing. The owners exercise possession and use of common property by mutual agreement. If there is no agreement, then the dispute can be resolved in court.

Determination dated April 28, 2010 On invalidating the agreement on the redistribution of shares Adopted by the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Bashkortostan, consisting of: Khairutdinova D. Ufa RB dated February 3, 2018, which decided: Having heard the report of Judge T. Krygina.

An example of redistribution of shares in the right of common shared ownership

Save the information to yourself or send your ad to social media. Division of common property and allocation of shares.

Property may be in common ownership with the determination of the share of each owner in the right of ownership - shared ownership or without determination of such shares - joint ownership.

Common property arises when two or more persons acquire property that cannot be divided without changing its purpose, indivisible things, or is not subject to division by force of law. Common ownership of divisible property arises in cases provided for by law or agreement, article of the Civil Code of the Russian Federation.

An error occurred

Chelyabinsk Judicial Collegium for Civil Cases of the Chelyabinsk Regional Court, consisting of: Magnitogorsk, Chelyabinsk Region, dated April 06, 2018. After hearing the report of Judge Rodina A. Molchanov O.

Magnitogorsk on preserving a residential building with a total area of ​​3 sq. m. in a reconstructed form. Namely, for Molchanova O.

In support of the requirements, she indicated that the parties are participants in common shared ownership of a residential building with a total area of ​​61 square meters.

Division of a land plot is one of the ways to form one plot or several independent plots of land. Based on paragraph 4, paragraph 7 of article

In support of the stated requirements of P. According to the applicant, this refusal by the Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg is illegal and violates his rights of ownership, use and disposal of the land plot owned by right of ownership.

By the decision of the Vyborg District Court of St. Petersburg dated September 3 of the year in satisfaction of the stated requirements of P. In the appeal of P. Having listened to the explanations of the persons participating in the case, having discussed the arguments of the appeal, having studied the materials of the case, the judicial panel comes to the following. In accordance with Part.

N Federal Law “On state registration of rights to real estate and transactions with it” state registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the occurrence, limitation of encumbrance, transfer or termination of rights to real estate in accordance with the Civil Code of the Russian Federation Federation. According to para.

Redistribution of shares in land and house

Agreement on the division of shares in an apartment Contents of the article Terms of the agreement When can an agreement be concluded? How to compile and format it correctly? One of the possible forms of ownership of real estate is joint ownership of residential premises.

Redistribution of land plots In accordance with Art. When redistributing privately owned land plots, their owners acquire ownership rights to the corresponding land plots being formed in accordance with agreements between such owners on the formation of land plots.

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To carry out the procedure, you need to submit an application to the authorized body. An agreement on the redistribution of shares of a land plot is provided by official resources or can be issued upon application.

In accordance with it, both parties can enter into a legally binding agreement. Procedure A legal entity or an individual can draw up and receive an agreement on the redistribution of shares of a land plot.

For the procedure to be successful, you need to collect the following package of documents:

Agreement on change (redistribution) of shares in the right of common ownership of a land plot

Distribution of the deduction by spouses Features of the deduction for spouses There are some features when receiving a property tax deduction in the case of the purchase of housing by spouses. When buying a home, spouses themselves choose the type of property: This will determine how they will be able to receive deductions in the future.

It is also very important when exactly the spouses acquired the right to the deduction: If the spouses have common shared property, the amount of the deduction between the spouses is distributed in accordance with their shares indicated in the certificate of state registration of property rights. And there is no other way to redistribute them.

Even if, for example, one of the spouses has already exercised his right to a deduction, he will not be able to receive it again or refuse his share of the deduction in favor of the second spouse. Each spouse receives a deduction up to their share. This also applies to mortgage interest.

The amount of interest deduction is distributed in accordance with the size of the share indicated in the certificate.

Agreement on redistribution of plot shares

The plot is owned by 3 owners, 10 months ago this agreement was concluded; the first owner has 40 acres, the second owner has 6 acres, and the third owner has 9 acres. This agreement does not suit me because it prevents access to the site after land surveying. At the moment, the site is not surveyed in the Rossreestr database.

Allocation of share in kind

Allocation of a share in kind Oh, my share, my share If you own a share in the right of common shared ownership of a land plot and or a house building, then you need to take into account that the use, ownership and disposal of such real estate objects is carried out only with the consent of the co-owners of this object. If you decide to build a house, an extension to the house, a barn, a garage, etc. on a “commonly shared” plot,

The essence of the matter In November, the Agreement established, among other things, the obligation of the parties to coordinate with each other the reconstruction of premises associated with inseparable improvements. In the period from to A redevelopment was carried out and a mezzanine was built on, as a result of which the area of ​​the premises increased by .8 square meters.

Leninsky District Court of the city of Vladimir, consisting of: Vladimir civil case on the claim of V. The residential building is located on a plot of land with an area of ​​sq. m. The share in the said house and land plot went to her by inheritance from S.’s mother.

Agreement on redistribution of shares in common shared ownership

Property that is in common shared ownership of legal entities (dacha plots, cooperative apartments and garages) is joint property of the condominium. The scope of rights for each member of legal organizations is determined by the statutory documents.

• Shares in common shared ownership may change upon sale, purchase, gift or other property transactions.
• Redistribution of new property is impossible without the consent of all members of the condominium, which is obtained by receiving more votes during voting at the general meeting.
• If the votes are distributed not in favor of the interested party, it is permissible:

• receive monetary compensation for unidentified premises or footage;
• consider the issue in court.

1. After voting, a sanction for re-registration of property is submitted and the changed shares undergo the registration procedure in Rosreestr.
2. Drawing up and concluding an agreement on the redistribution of shares
3. When privatizing housing by two or more persons, an agreement is concluded, and after approval by the municipality, the apartment or house is transferred into joint ownership.
4. When making transactions between co-owners of real estate, concluded agreements can be certified by a notary.
5. A notary can also certify agreements defining the scope of rights when putting a house into operation.
6. Real estate, summer cottages and garden plots that are the property of cooperatives or partnerships are included in the agreement with the consent of all members and founders.
7. Such an agreement is a contract, drawn up in writing, endorsed by the signatures of all participants and must be registered with Rosreestr.

In this case, participants are persons who share the scope of the right among themselves. They need to follow the regulations for a specific property, in which the total amount of ownership shares corresponds to a unit of legal norms.

The document must reflect the following essential provisions:

• Determination of the parties involved in changing the scope of property rights. Personal and passport details of participants;
• Characteristics of the object, indicating the location address and type of right, listing co-owners. Registration certificates, title documentation;
• Reason requiring redistribution of shares. The scope of rights transferred to the shares of some co-owners and alienated from the property of others;
• Indication of the abolition of previously existing standards for the distribution of space;
• An indication of the requirement for registration in Rosreestr, other provisions introduced at the discretion of the parties.

The agreement on the redistribution of shares is an addition to the title documentation and must be attached to it.

• A sample agreement is here.
• Agreement on redistribution of shares
• in the right of common ownership of an apartment
• Administration of Liski
• The twelfth of March two thousand fifteen

Certification of contracts

Real estate registrars of the head division at the address: Minsk, st.

Papanina, 7, office 121, provide services for drawing up projects and certifying contracts in relation to real estate located on the territory of the Republic of Belarus, according to the following schedule: Monday - Friday from 08-00 to 20-00, Saturday from 09-00 to 16-00 00, no lunch break.

1. contract for the purchase and sale of real estate (land, residential building, garden house, apartment, garage, non-residential buildings and premises, etc., including shares in the ownership of these objects);
2. real estate donation agreement;
3. barter agreement;
4. lease and sublease agreement for a land plot, agreement on the transfer of rights and obligations under a land lease agreement;
5. real estate pledge agreement;
6. agreement on amendment and termination of the contract, certified by the real estate registrar;
7. agreement (agreement) on the redistribution of shares in common property, on the division or merger of real estate, on the determination of shares or on the allocation of a share, the separation of an isolated premises or parking space from a permanent building;
8. property trust management agreement;
9. other agreements that are or may become the basis for the emergence, transfer, termination of rights or restrictions (encumbrances) of rights to real estate, subject to state registration.

• You can familiarize yourself with sample applications for the preparation of a draft agreement and its certification.
• The maximum period for carrying out the administrative procedure for certifying the contract is 3 working days from the date of filing the application, and in the case of certifying the contract in an expedited manner - 1 day.
• In case of requesting documents and (or) information from other government bodies, other organizations - 1 month.

Price for certification of contracts and transactions

The cost of services for drawing up a draft agreement by the registrar is determined on the day of filing the application in accordance with the price list in force in a unitary enterprise; the amount of the fee charged when carrying out the administrative procedure for certifying the relevant agreement is established by Decree of the President of the Republic of Belarus dated April 26, 2010 No. 200 “On administrative procedures carried out by government bodies and other organizations upon applications from citizens” (subparagraphs 22.18.1–22.18.7 of paragraph 22.18 of the list of administrative procedures).

By using our services, you get the opportunity to complete all the necessary actions to alienate real estate from the real estate registrar!

For additional information on the issues of certification of contracts, as well as to make an appointment with the registrar, you can call 8 (017) 380‑22-87, 8(017)226-32-39, 8(044)536-62-56 (Velcom ).

No. 200, as well as paragraphs 82–86 of the list of documents and (or) information requested by state organizations subordinate to the State Property Committee of the Republic of Belarus when carrying out administrative procedures on applications from citizens, approved by the resolution of the State Property Committee of the Republic of Belarus dated November 9, 2010.

№63.

Brief information on the issues of certifying alienation agreements (purchase and sale, exchange, donation) can be obtained by following the link.

Brief information on the issues of certification of pledge agreements can be obtained by following the link.

To draw up a draft and certify an alienation agreement (purchase and sale, exchange, donation) of real estate, the following must be provided:

• identification documents of the parties (passports, residence permits, refugee certificates);
• documents confirming ownership (certificate of state registration, registration certificate, state act on a land plot, certificate of inheritance, relevant agreement, court decision, etc.);
• documents confirming payment of the fee and payment of the state duty (issued by the registrar directly upon receipt of the application; payment can be made at the unitary enterprise).

In addition, depending on the specific situation, in order to draw up a draft and certify an alienation agreement for a particular piece of real estate, the following are additionally required:

• If the agreement is concluded in relation to a residential property (house, apartment, etc., including shares in the ownership of them):
  1. a copy of the personal account or a certificate from the organization operating the housing stock and (or) providing housing and communal services, about the place of residence and family composition, and in the absence of an organization operating the housing stock and (or) providing housing and communal services, another a document issued by a state body, organization and containing information about persons living in alienated isolated residential premises and having the right to own and use it (certificate of a settlement, rural executive and administrative body, etc.);
  2. written consent of adult members, former family members of the owner of the residential premises living in the residential premises, as well as citizens living in the residential premises provided by testamentary refusal or on the basis of a lifelong maintenance agreement with dependents (drawn up by the real estate registrar when certifying the agreement or a notarized consent is provided );
  3. in the case of minors living in residential premises - a certificate from the guardianship and trusteeship authority (Department of Education, Sports and Tourism of the Minsk Regional Executive Committee) stating that these persons are not in a socially dangerous situation or an extract from the decision of the local executive and administrative body (guardianship and trusteeship authority) on giving consent to the alienation of residential premises in which minor members live, former members of the owner’s family who are recognized as being in a socially dangerous situation or in need of state protection, or citizens recognized as incompetent or limited in legal capacity by the court, or residential premises assigned to children - orphans or children left without parental care;
  4. if the alienated residential premises were acquired under a privatization agreement (purchase and sale of the privatized residential premises) - information about the persons who participated in the privatization of the residential premises and the shares in the privatized residential premises corresponding to their participation (extract from the decision of the authorized body on the privatization of the residential premises, a certificate from the organization that operates the housing stock and (or) provides housing and communal services, on the calculation of the housing quota, other documents) and the written consent of all privatization participants, both living and not living in the residential premises, for its alienation.
• If the alienated property was acquired during the marriage and is jointly owned by the spouses - documents confirming the marriage relationship, and the written consent of the spouse, including the former spouse, to the alienation of real estate (drawn up by the real estate registrar when certifying the agreement or provided notarized).
• If the property was acquired during marriage, is jointly owned by the spouses, registered in the name of the surviving spouse and the alienation is carried out after the expiration of the period established by the Civil Code of the Republic of Belarus for accepting an inheritance - documents confirming the fact of death (death certificate), information from a notary office or notary bureau at the place of opening of the inheritance about the opening of the inheritance case after the deceased spouse and about the heirs who accepted the inheritance, or, if the inheritance case was not opened, information from the last place of residence of the testator about persons living with the testator on the day of opening of the inheritance or during the period established by the Civil Code of the Republic Belarus, the period for accepting the inheritance, as well as the written consent of the heirs of the deceased spouse who accepted the inheritance for the alienation of real estate (the consent is drawn up by the real estate registrar when certifying the agreement or is provided notarized).
• If the alienated real estate belongs to a legal entity - a decision of the authorized body of a legal entity of non-state ownership on the alienation of an object of real estate owned by it or, if the party to the agreement is the owner of the property or the subject of the right of economic management or operational management - a document confirming the consent of the owner real estate or an authorized state body for alienation.
• If a soft loan was provided for the construction (reconstruction) or acquisition of an alienated real estate property - an extract from the decision of the local executive and administrative body on permission to donate or exchange a real estate object built (reconstructed) or acquired using a soft loan, indicating information about the consent of the open joint stock company Society "Savings Bank "Belarusbank" for a donation or exchange until the loan is fully repaid, or an extract from the decision of the local executive and administrative body on permission to purchase and sell, donate or exchange a property built (reconstructed) or acquired using a soft loan, repaid ahead of schedule .
• If the land plot on which the alienated property is located was received by a citizen as being registered as in need of improved housing conditions, and 8 years have not elapsed from the date of registration of the residential building located on it, - an extract from the decision of the local executive committee to authorize the alienation of the land plot, received by a citizen as being registered as in need of improved housing conditions, and (or) a residential building or real estate object erected on it, formed as a result of its division, merger or separation from it, before the expiration of 8 years from the date of state registration of such a house (shares in ownership of the specified objects), an unfinished mothballed structure located on such a plot of land.
• If the alienated property is subject to a mortgage (pledge) and its disposal without the consent of the mortgagee is not provided for, the written consent of the mortgagee.
• If the alienated real estate is a historical and cultural value - approval of the Minsk Regional Executive Committee for the alienation of a permanent structure, an isolated premises, which is a historical and cultural value.
• If the alienated property is in common shared ownership and the share in the ownership of it is alienated to a person who is not a participant in the common shared ownership - a written refusal of the co-owner of the real estate from the preemptive right to purchase the share being sold on the terms and at the price for which the real estate is alienated, or certificate of transfer of a statement of intention to alienate a share in the right for compensation, issued by a notary.
• If the real estate belongs to a minor or a citizen recognized as incompetent or limited in legal capacity by the court - an extract from the decision of the local executive and administrative body (guardianship and trusteeship authority) on giving consent to the alienation of real estate owned by a minor citizen or a citizen declared incompetent or limited in legal capacity legal capacity by the court.
• If the alienation of property is carried out to a close relative (parents and children; siblings; grandfather, grandmother and grandchildren; spouses; adoptive parents and adopted children) - documents confirming family and (or) marriage relations (birth certificate, marriage certificate or certificate , containing information from civil registration records, etc.).
• If the individual alienating the property does not permanently reside in the territory of the Republic of Belarus - a certificate from the tax authority confirming the payment of personal income tax, land tax and real estate tax in relation to the alienated real estate object.
• If a representative acts on behalf of any of the parties to the agreement - documents confirming his powers (power of attorney, order; birth certificate; certificate of a guardian, decision to recognize a person as incompetent, etc.).
• If both parties to the contract have the right to benefits when paying the state fee (pensioners, disabled people, incapacitated) - documents confirming the rights to benefits (pension certificate, disabled person certificate, guardian certificate, decision to recognize a person as incompetent).

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