Statement of claim for the allocation of a share in kind of a land plot

In practice, lawyers quite often have to resolve issues related to the division of property. In this article we will tell you how to correctly fill out an application for the allocation of a share of a land plot in kind and what documents are required for this.

In what cases is it issued?

The right to use, own and dispose of property in full belongs exclusively to the owner.

Only a citizen who has registered his property with Rosreestr can sell it, rent it out or donate it to a third party. At the same time, there are often cases when several owners own property at once.

Then the participants need to come to an agreement, otherwise it will be extremely difficult to dispose of the property.

There are three types of ownership:

• full (the owner is the sole owner);
• joint (property belongs to two spouses);
• shared (legal owners 2 or more people).

Owners of shared participation dispose of a certain share of real estate, the amount of which is established in legal documents (house register, certificate of registration of ownership). To delineate boundaries, the consent of the co-owners is required.

By voluntary decision, owners have the right to demarcate property, as well as premises for common use. For this purpose, a notice is drawn up with a proposal to determine the shares. A registered letter is sent by mail.

A response must follow within 30 days.

With the voluntary consent of the co-owners, no additional agreements are required.

Real estate data is entered into the cadastral register, after which the owners are issued separate certificates of registration of the share.

In the event that the owners cannot come to a mutual agreement, it is necessary to collect the necessary package of documents and go to court. An application for the allocation of a share of a land plot in kind is drawn up in two copies. The text of the document must indicate the essential reasons for allocating the share:

• co-owners prevent shared use;
• land is not used for its intended purpose;
• intentional causing of damage by third parties;
• There was an error in the title documents, etc.

A share in a land plot represents an area that is most often not defined by clear boundaries (area in square meters). This is due to the lack of privatization documents. Such territories include:

• country cottage area;
• agricultural share;
• land plots of former spouses;
• lands transferred by inheritance jointly and severally.

For full disposal of the plot - sale, lease or donation - it is necessary to allocate a share of the land plot.

Allocation in kind (delimitation) - establishing clear boundaries of real estate.

How to file a claim?

In the past, lands were the exclusive possession of the state. To develop the agricultural industry, the government decided to provide plots to the working population.

At the same time, the owners could dispose of the plots exclusively for agricultural purposes: grow crops, raise livestock, etc.

To this day, most land plots have remained non-privatized for various reasons:

• lack of title documents;
• incorrectly indicated size of share in an agricultural share;
• conflicts with other land owners;
• disagreement of the municipality.

In these and other cases, in order to divide the property, the owner must apply to the court at the location of the immovable property. All owners will be defendants.

claim is drawn up in two copies for the allocation of a share of the land plot in kind.

 The plaintiff must pay a state fee and provide evidence of an attempt to resolve the conflict pre-trial (for example, letters to the defendants asking them to come to an agreement).

Contents of the statement:

• name of the court chamber, location address;
• passport details of the plaintiff;
• Full names, addresses, telephone numbers of the defendants;
• detailed information about the land plot (cadastral number, area, address, purpose of the land plot);
• the plaintiff’s requirements (indication of the size of the share in sq.m.);
• justification of the requirements (will, reference to legislative acts);
• list of attached documents;
• date of writing the application, signature.

Download a sample of drawing up a statement of claim for the allocation of a share of a land plot in kind from the link.

Features of filing and consideration of a claim

In accordance with the Land Code of the Russian Federation , delimitation of a share in a land plot can only be carried out if certain rules are observed:

• the allotment within the changed boundaries must have unimpeded access to public passages and passages;
• the boundaries of the land should not have wedges or overlaps with the common area;
• the share must correspond to the minimum size for agricultural plots established in the region;
• agricultural shares must be used exclusively for their intended purpose.

In judicial practice, there are often cases when shareholders demand to allocate their own part in the property for further sale or rental. At the same time, civil servants have the right to reject the request if, during demarcation, the functional suitability of the property is lost.

 In this case, the owners are obliged to pay compensation to the shareholder. The size is established by expert assessment or a fixed cadastral value. The share is equal to common real estate and is divided between the owners.

The property right of a citizen who has received monetary compensation is terminated.

In accordance with Article No. 252 of the Civil Code of the Russian Federation, in each region of the country a minimum area is established for land plots of different types, for example:

• for gardening - 4 acres;
• 6 acres are allocated for suburban construction;
• fields, vegetable gardens for growing crops - 15 acres;
• 10 acres are provided for personal farming.

If the allocation of such a share harms agricultural activities, the court will reject the plaintiff’s request. To develop land, additional certificates will be required, for example, an expert assessment of the unsuitability of the land share. Subsequently, the site is converted to another purpose.

When filing a claim for the allocation of a share of a land plot in kind, you must pay a state fee. The amount is determined based on the cadastral value of the share of real estate. If the payment exceeds the mark of 50,000 rubles, a statement of claim for the allocation of a share of the land plot in kind is submitted to the Magistrate's Court.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

Allocation of a share of a land plot: assistance from a lawyer

   The allocation of a share of a land plot in kind is an event that is carried out by the co-owners of this territory.

   With our land lawyer, the allocation of a share of a land plot in kind and the division of a land plot of property will take place professionally and on time.

The procedure for allocating a land share

   If any owner of a territory wants to use it at his own discretion, he needs to obtain the consent of other owners of this territory. Quite often, co-owners do not express their consent.

The only way to overcome the disagreement is to allocate a share of the territory in kind through the court. If it is technically impossible to do this, it is necessary to determine the procedure for operating the area.

To do this, you need to fill out the appropriate application and resolve boundary disputes with neighbors, and if peace is not achieved, contact us to initiate a judicial procedure.

   When a share of a land plot is allocated, the right of common ownership to it ends with the allocated co-owner. One site is divided into several separate territories.

   There is such a thing as the allocation of a land plot against the land share. Such an event is feasible in certain situations. For example, a person needs to create or expand his own subsidiary plot, farm, lease out the territory or use it in some other way.

   The location of the plot of land that is allocated as part of the share is determined in different ways. To do this, a meeting can be organized at which all participants in shared ownership are present.

In this case, the location of the land share is determined by its owner. If such a meeting did not allow the designation of part of the territory of the first allotment, the participant may himself determine the territory at the expense of the share.

But other property participants must be informed about this in advance.

Allocation of a share of a land plot in court

   If it is not possible to reach any agreement, the dispute is resolved in court.

A sample statement of claim for the allocation of a share of a land plot can be found on the website on the Internet, but it is better to contact our land lawyer, who has been a participant in the procedure more than once and knows all the nuances of the process.

Our land law lawyer will resolve your land conflict in a timely manner - will allocate you an independent plot of land from common ownership, which you can sell, donate or use at your own discretion without coordinating your actions with other former participants in shared ownership.

ATTENTION: A lawyer on land disputes in court with neighbors and third parties gives advice in the video. Subscribe to our YouTube channel and legal advice on land issues in the comments of the video will be free for you.

Agreement on the allocation of a share of land in kind

   It is important to understand that in order to conclude an agreement on the allocation of a share of a land plot, the consent of all co-owners is required. If all owners express their consent and are ready to cooperate in resolving this issue, an agreement is concluded on the allocation of a share of the land plot.

   The features of concluding this type of agreement include the following:

1. the need to hold a general meeting of participants in shared ownership, at which a decision is made on the allocation of a land plot. (The document drawn up based on the results of the meeting of owners must subsequently be submitted to Rosreestr);
2. the need to carry out a land surveying procedure to determine the boundaries and dimensions of the future land plot. (The cadastral engineer prepares a land surveying project, which is subject to agreement with all participants in shared ownership. In addition, after the cadastral work, a land survey plan is issued, which is also submitted to Rosreestr).

   The contract itself must include the following information:

• FULL NAME. each owner (passport details, place of residence, contact numbers);
• address of the land plot that is subject to division, its purpose, area, cadastral number;
• the size of the share in common ownership of the specified land plot of each owner at the time of signing the agreement (it is indicated on what basis the specified share belongs to one or another owner);
• conditions for dividing the land. (area, location of the allocated area, which is recorded after the land surveying procedure);
• method of distribution of expenses between owners;
• place of execution of the contract;
• date of signing the contract.

   The agreement on the allocation of a share of the land plot is subject to notarization. Then, with a complete package of documents, you need to contact Rosreestr (you can also submit documents to the MFC) for cadastral registration and registration of property rights, having previously paid the state fee.

   Thus, the procedure for allocating a share of a land plot in kind is quite complicated. To carry it out in the shortest possible time and with the best results, you should resort to the services of professionals who have extensive experience in carrying out such procedures.

Sample statement of claim for division of land in kind

To the Federal Court of Oktyabrsky District

Yekaterinburg.

•  PLAINTIFF:
• P.
• RESPONDENT:
• Administration of the city of Yekaterinburg

Ekaterinburg, st. Lenina, 24-a.

 

Statement of claim

on the allocation of a share in kind of a land plot

   I have the right to own ½ share of the house at the address: Yekaterinburg, lane. Traveling. The second half belongs to the defendant. This house consists of two apartments.

An apartment consisting of two rooms with a living area of ​​15.5 sq.m. and 8, 6 sq.m., kitchens with an area of ​​5.1 sq.m. – I occupy, and the second apartment, consisting of three rooms with a living area of ​​15.7 sq.m., 10.0 sq.m., 10.4 sq.m.

and kitchens 5, 5 sq.m. occupied by the Defendant.

   The specified house stands on a land plot with an area of ​​2310 sq.m., according to the certificate of permanent perpetual land rights, issued on the basis of a resolution of the Head of the Administration of the village of Koltsovo.

   In accordance with Art. 252 of the Civil Code of the Russian Federation: “property in shared ownership may be divided between its participants by agreement between them. A participant in shared ownership has the right to demand the allocation of his share from the common property.

If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property.”  

   Both apartments located in the house we own are isolated living quarters with a separate entrance. Consequently, I have the right to be allocated a share in the form of the apartment I occupy.

USEFUL: watch the video and find out why it is better to correct any sample claim, complaint or complaint with our lawyer, write a question in the comments of the video

   In addition, since currently no agreement has been reached on the use of the land plot, I have the right to demand the division of the land plot in kind and give the land plot an area of ​​1155 sq.m. status of an independent land plot, of which 1000 sq.m. – on the right of ownership, 155 sq.m. – on the right of permanent unlimited use.

   Based on the aforesaid and guided by Article. 252 Civil Code of the Russian Federation, Part 1, Art. 36 Land Code of the Russian Federation, clause 4, article 3, clause 9.1, art. 3 Federal Law of the Russian Federation “On the entry into force of the Land Code of the Russian Federation” and Resolution of the Plenum of the Supreme Court of the USSR dated July 31, 1981 No. 40 “On COURT PRACTICE FOR THE RESOLUTION OF DISPUTES RELATED TO THE RIGHT OF PERSONAL OWNERSHIP OF A RESIDENTIAL HOUSE.”

ASK:

• terminate the right of shared ownership of a residential building at the address: Ekaterinburg, lane. Traveling.
• make a division of a residential building at the address: Ekaterinburg, lane. Traveling to everyone in kind, to recognize the Claimant's ownership of a part of a residential building, consisting of two rooms with a living area of ​​15.5 sq.m. and 8, 6 sq.m., kitchens with an area of ​​5.1 sq.m.
• to divide a land plot with an area of ​​2,310 sq.m., located at the address: Ekaterinburg, lane. Traveling.
• give two land plots with an area of ​​1,155 sq.m., located at the address: Ekaterinburg, lane. Traveling status of independent land plots.
• recognize the Plaintiff's ownership of a land plot of 1,155 sq.m.

Application:

1. Certificate of right to inheritance.
2. Certificate of ownership of land.
3. Floor plan of the building.
4. Technical information.
5. Certificate about the value of the house.
6. Receipt for payment of state duty.

1. Date, signature
2. Read more about the work of our land lawyer:
3. Professional legal advice on land issues with us
4. All about the procedure for confiscation of land plots follow the link 

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Statement of claim for the allocation of a share in kind of a land plot

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Disputes related to land plots are not uncommon. Basically, they arise due to the fact that only the owner has the basic triad of rights (use, disposal, ownership) to land.

The owner is the person who was involved in registering the site with the Rosreestr authorities. This citizen can enter into various transactions with the site: rent, donate, sell, and so on. When the site is in common ownership, conflicts often arise.

If the owners cannot come to a consensus, then it is necessary to file a claim with the court for the allocation of a share in kind. You will learn how to do this from our article.

Rules for filing a claim

Filing a claim is possible only for significant reasons, which include:

• presence of obstacles to sharing;
• misuse of the site;
• causing significant damage by other persons;
• errors in available documentation.

To allocate a share, you must contact the judicial authority at the location of the land plot.

The plaintiff is obliged to pay the state fee and provide evidence of violation of his own rights. All other owners are defendants.

The application is drawn up in a number of copies that is a multiple of the number of participants in the process. That is, the court, the plaintiff and each of the defendants must have their own copy of the claim.

Structure of an application for the allocation of a land share in kind

Any statement of claim, including the allocation of a share of a land plot, consists of several parts:

• introductory;
• descriptive;
• motivational;
• pleading.

The introductory part is in the upper right corner. Here you must provide the following information:

• name and address of the judicial authority;
• full name and residential address of the plaintiff, if a representative is involved in the case, indicate information about him;
• contact details of the defendants, full names, telephone numbers, addresses.

Next you need to write the name of the application. In our case: “Statement of claim for the allocation of a share of a land plot in kind.”

The descriptive part is drawn up in free form, but it must contain information about:

1. Object of dispute. It is necessary to indicate the cadastral number, full address, intended purpose of the site, and its area.
2. Evidence. It is allowed to provide written or physical evidence, as well as expert testimony, audio and video information. However, it is worth remembering that for a judge it is written documents that are of greatest importance.

The motivational part contains a link to the normative act. It is necessary to indicate exactly how the defendant infringes on the right of the shareholder.

The petition part states the plaintiff's demands. The size of the desired share in acres and fractional part is indicated.

The order of the last two parts may be changed. There is no clear unitary form of statement.

At the very bottom of the application there is a complete list of attached documents, the date of preparation and the signature of the applicant.

Sample statement of claim

Despite the fact that there is no strict form for a claim for the allocation of a share of land in kind, the differences in each region are insignificant and you can use the sample below to draw it up.

Required documents

The following documents must be attached to the claim:

• copies of the statement of claim;
• a copy of the plaintiff’s identity document;
• documents for the land plot;
• registration certificate;
• other evidence available to the applicant.

State duty amount

Since this category of proceedings belongs to the category of property, but not subject to assessment, when going to court you will need to pay 300 rubles of state duty. This amount is enshrined in Art. 333 Tax Code of the Russian Federation. It is best to find out the recipient’s details on the official website of the court or in its office.

Features of consideration

There are several essential conditions for demarcating a plot (allocating shares from it):

• use of the allocated plot for its intended purpose;
• a clear border without common areas;
• compliance with the minimum size in the region;
• There should be no obstructions to access to the main area.

The court has every right to refuse the claim if the allocation of a share in kind will lead to the land becoming unsuitable for use.

If you have a need to file a claim for the allocation of a share in kind, then contact the specialists of our website in any convenient way. They will be able to explain how best to compose it in your specific situation.

Despite the apparent simplicity of drawing up a statement of claim, it is still worth resorting to the services of a professional lawyer who will not only competently draw up this document, but will also collect all the necessary information and represent the principal in court.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Sample claim for allocation of land share

Statement of claim for the allocation in kind of a share from the common shared ownership in a residential building. The claim for the allocation of a mandatory marital share has a strictly established form. 13 comments on a sample application for the allocation of a share in kind. The statement of claim is submitted to the court in writing.

The application was not only accepted, but the eviction claim was also satisfied. Going to court and filing a statement of claim.

Most often, the division of the following sections in court occurs. In the latter case, it is advisable to send a petition for the appointment of an examination simultaneously with the filing of the statement of claim.

If you have a similar situation, be sure to draw up a statement of claim for the allocation of a land share and go to court. Depending on this value, a duty is paid to the state treasury. Sample statement of claim for the allocation of a share in a house or apartment.

In order for the formation to be carried out properly, established requirements must be followed. Look at the completed sample statement of claim for recognition of ownership of an unauthorized construction. Sample statement of claim to establish the boundaries of a land plot.

Sample claim for allocation of land in kind. Please note that this section contains only sample forms of claims.

Allocation of a share of a land plot in kind, claims, samples

Representation and defense of interests in court in civil cases. Statement of claim for the allocation of a share in the ownership of a house in kind. Sample statement of claim “Statement of claim for determination of a share in joint ownership of a dacha building and land plot and allocation of a share in kind.”

The allocation of a share in such residential premises can only be carried out in accordance with Article 252 of the Civil Code of the Russian Federation. They suggest conducting a re-examination and filing a claim on other grounds.

Sample statement of claim “Statement of claim for determination of a share in joint ownership of a dacha building and a land plot and the allocation of a share in the Allocation of a share in an apartment. When allocating a share of the plot on which a residential building stands, the title documents for the building will be analyzed.

Allocation of shares to children in housing purchased with maternity capital. You cannot simply rent out or rent out an allocated share in an apartment. Well, each notary has his own forms and samples.

In order to file a claim for the allocation of a share, it is necessary to refer to the title documents for the property. Shares in property rights: problems of alienation, ownership, use. Statement of claim for the allocation of a share in kind and for the obligation to pay monetary compensation. On the division of a residential building and land plot in kind and termination of the right of common shared ownership of them.

For example, the heirs cannot determine the shares of each of them or cannot agree on the list of property that goes to each of them. However, the law establishes some features of the allocation of the share of one of the owners of the apartment to the owner of his own share. Statement of claim for allocation of a share in an apartment.

A claim for allocation of a share in kind allows the owner of common property to separate his part from the whole property and make it his own. Read about the division of land here. The right of common shared ownership of J. and B corresponding to the share of participants in the right of common ownership has been terminated.

demand the allocation in kind of your share from the common property (clause 3).

What is a statement of claim for the allocation of a share, in what cases it must be drawn up. Due to the lack of agreement between the parties on the terms of the allocation of shares, I am forced to go to court with this claim. Statement of claim for compensation for damage due to flooding of apartment B The specified amount is subject to recovery from the defendants on the following grounds.

Statement of claim to the court for the allocation of a share of the land plot

STATEMENT OF CLAIM for determination of the share in joint ownership of the dacha building and land plot and allocation of the share in kind. Statement of claim. on determining the share in joint property. for a dacha building and a plot of land. and allocation of a share in kind.

Rules for drafting, procedure for filing a lawsuit. The gender of the deceased spouse does not matter when allocating a share and dividing the rest of the inheritance. Statement of claim for partition in kind of a part of a residential building and a plot of land within certain boundaries.

A statement of claim regarding the procedure for using residential premises can be filed not only by the owner, but also by other persons (members of his family, including former ones) after consideration of the case on the claim for recognition of the right to use residential premises. When the cost of the application is less than this amount, the application is submitted to the magistrate's court.

The formation of land plots is carried out by modifying old plots and creating new ones. Only owned real estate is subject to division.

The division of property that is part of the family property between family members, the allocation of the share of one of them is not allowed; upon divorce, the property that is part of the family property is not subject to division.

It is best to draw up a statement of claim after consultation with an experienced lawyer who will suggest the correct form to fill it out. Statement of claim for the allocation of a share in kind.

What is land surveying and why is it needed - Garden and vegetable garden

Perhaps the form you need does not exist. Statement of claim for the division of a land plot and the allocation of a share in kind. There is a lot of litigation going on around everything related to real estate and land ownership.

Statement of claim to determine the share in joint ownership of a dacha building and land plot and to allocate a share in kind. This condition applies if the value of the claim exceeds fifty thousand rubles. Home Standard forms Marriage agreements and claims Sample.

File a claim for allocation of your share in kind. Allocation of a share in an apartment is an operation with which many citizens are familiar.

Allocation of a share of a land plot in kind by agreement. Allocation of a share in the ownership of a house. 2 Agreement on the allocation of a share in kind of a land plot - sample. 2 Structure of an application for the allocation of a land share in kind.

Division of property after the death of the testator or, for example, divorce of spouses For a dacha building and land plot and allocation of a share in kind. STATEMENT OF CLAIM for the allocation in kind of one’s share from the right of common ownership of a residential building. The structure of an application for the allocation of a land share in kind.

If several entities appear on the certificate at once, then the transfer of the premises to natural parts must begin by contacting cadastral design institutions. Today we will try to study all the features of allocating shares in housing. Statement of claim to determine the procedure for using a land plot.

PRICE OF THE CLAIM: State duty: STATEMENT OF CLAIM.

March 05, 2xxx Federal Court of Krasnogvardeisky In practice, the second option often prevails, that is, filing a claim in court for the allocation of a share in the apartment. A claim for division of a land plot: when to file.

A statement of claim by a participant in shared ownership in a court of general jurisdiction for the allocation in kind of his share from the right of common ownership of a residential building.

Firstly, a person needs to agree on the allocation of a share of the land plot that he owns, based on the availability of a land share and in accordance with the requirements described in Articles 13-14 of the Federal Law “On the Turnover of Agricultural Land”. A sample statement of claim for the allocation of land is here.

Sample statement of claim for the allocation of a share in kind in a residential building. Sample statement of claim “Statement of claim to determine the share in joint ownership of a dacha building and land plot and Omsk, st.

Statement of claim for the allocation of a share of a land plot in kind

The plaintiff owns a share of the home ownership. The defendants own the remaining share of the home ownership. The plaintiff asks to allocate part of the land plot with subsequent registration of ownership of part of the land plot.

• In _____________ city court of the Moscow region,
• __________________________
• Plaintiff: __________________________address: __________________________
• Defendant: _________________________, address: ___________________________________
• _______________________________________.
• Defendant: _________________________, address: ___________________________________
• ________________________________________.
• Third party: Department of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region,
• __________________________
• STATEMENT OF CLAIM for the allocation of part of the land plot in kind with registration of ownership rights to
• him

I, ________________, on the basis of a certificate of state registration of property rights dated ________, own ½ share of house ownership No.__ with a total area of ​​____ sq. m. meter, located at: ______________________________.

The remaining co-owners of the property are:____________________ and _____________________, who own in equal shares the other ½ share of the home ownership. The land on which the property is located with an area of ​​_____ sq. m. m, belongs to the plaintiff and defendants for the right of permanent (perpetual) use, which is confirmed by ____________. According to Art.

3 of the Federal Law “On the entry into force of the Land Code of the Russian Federation”, the registration of ownership of land plots previously provided to them for permanent (indefinite) use by citizens in cases established by land legislation is not limited by the period. In accordance with Art.

247 of the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. The parties have not reached an agreement on the procedure for allocating the plaintiff’s share. The land plot has not been withdrawn from circulation and is not limited in circulation.

According to the conclusion of ______________________, the disputed land plot is divisible, that is, it can be divided into parts, and each part after division forms an independent land plot, the permitted use of which can be carried out without transferring it to land of a different category. The part of the land plot used by the plaintiff may be allocated in kind.

According to the requirements of Article 252 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to demand the allocation of his share from the common property. There are no encumbrances on the property or land plot. There are no other persons challenging the rights of the plaintiff. I believe that the actions of the defendants violate the rights of the plaintiff as the owner of the property for ownership, use and disposal of adjacent land.

Based on the above, in accordance with Art. 35 of the Land Code of the Russian Federation, clause 3 of Art. 252 Civil Code of the Russian Federation, art. 2 Federal Law “On state registration of rights to real estate and transactions with it”, Art. 3 Federal Law “On the entry into force of the Land Code of the Russian Federation”, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

ASK:

1. Attachments: copy of the statement of claim; a copy of the land ownership document; state certificate registration of rights; conclusion on the divisibility of the land plot; cadastral plan of the land plot;
2. receipt for payment of state duty.
3. "___"___________________ G. _______________ /_______________/

Statement of claim for allocation of shares

The right to use, own and dispose of property in full belongs only to the owner and, if the object (thing) is in the common ownership of several persons, a statement of claim for the allocation of a share is sent to the court.

Such a procedure is inevitable when all co-owners cannot agree on how to use the property they own, how to sell such property and whether it can be disposed of as a whole.

Chapter 16 of the Civil Code of the Russian Federation, the Family Code, etc. are devoted to common property.

General provisions on the allocation of shares

Common property can be joint (for example, among spouses) and shared. In the first case, i.e. when the shares of each owner are not determined, it is worth filing a claim to determine the shares, and then, or simultaneously with such a claim, talk about its allocation.

When filing a claim, the owner of common property must have the intention to allocate it in kind, to separate a part from the whole property and make it his own.

When the goal is to eliminate obstacles created by other owners, you can limit yourself to filing a claim to remove obstacles to the use of property.

Allocation of a share in movable property is hardly possible, because then the functional suitability of the thing may be lost, so in most cases the requirement applies to real estate. If the allocation of a share in kind is impossible, then the owner has the right to compensation for its value by other participants in such property.

How to draw up a statement of claim for the allocation of a share

In order to file a claim for the allocation of a share, it is necessary to refer to the title documents for the property. Usually the documents indicate in what shares and to whom the property belongs.

To determine the area of ​​each share, it is enough to divide the total area (apartment, house, land) by the number of shares of each owner. Before going to court, owners should try to agree on the allocation of shares and only if this does not work out, go to court.

Therefore, it is advisable to attach documents to the application that would confirm the fact of contacting other co-owners.

In the lawsuit, the plaintiff describes what seems to him to be the optimal way to allocate a share - to allocate a specific room, part of a land plot, etc. If the size of the share is disproportionate in relation to other participants in shared ownership, it is optimal to provide monetary compensation to the relevant participant or the plaintiff himself.

Filing and consideration of a claim for the allocation of a share

The prepared application and written evidence are submitted by the plaintiff or his representative to the district court at the location of the real estate from which the share is to be allocated (if the value of the claim is less than 50,000, then to the magistrate). The state duty is determined by the price of the claim, which, in turn, is determined by the cadastral value of the real estate in proportion to the allocated share.

If the requirements for filing a claim in court are met (Article 131 of the Code of Civil Procedure of the Russian Federation), the court will accept the claim for proceedings.

Very often, in such cases, a construction and technical examination is appointed, the results of which will be primarily taken into account when allocating a share in kind, because the court will need to take into account all the existing communications and equipment necessary for servicing the property and the technical capabilities of joining the allocated co-owners.

Sample statement of claim for allocation of shares

In __________________________Plaintiff: _________________________

 

Statement of claim for allocation of shares

The Defendant and I are participants in common shared ownership of ________________ (indicate the type of property to be divided), located at ______________ (exact address, cadastral number of the land plot), in which I own _____ (indicate the size of the share), which is confirmed by ___________ (details of the title deed document). The defendant owns ___________ (size of share) in the common property.

Currently, joint ownership, use and disposal of common property is impossible: __________________________ (indicate why).

In accordance with Part 2 of Article 252 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to demand the allocation of his share from the common property. I have made attempts to reach an agreement on the method and conditions for the division of common property or the allocation of a share: _____________ (describe the measures taken).

• I proposed to allocate my share and divide the property as follows: ______________________________ (indicate a specific isolated premises, the procedure for separating it from the common property).
• However, no agreement was reached with the Respondent on this issue.
• Based on the above, guided by Article 252 of the Civil Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
• Ask:

1. Allocate in kind my share in the common shared property to ___________ (type of property), located at the address: ____________ (specify address), in the form of: _________________________________________________ (give the procedure for allocating the share from the common property) with payment of compensation to the defendant in the amount of _______ rubles. (if, as a result of the allotment in kind, the value of the property exceeds the value of the owned share or its size).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copies of the statement of claim
2. Document confirming payment of state duty
3. Documents confirming the right of common shared ownership
4. Documents for a share in common property
5. Copy of BTI technical passport
6. Other evidence confirming the grounds for the claim for the allocation of a share

1. Date of application “___”_________ ____ Signature: _______
2. Download sample: 
3.   Statement of claim for allocation of shares

Claim for division of a land plot - advice from lawyers and lawyers IQLaw

Land real estate objects recorded in a single register can be formed in several ways.

One of the methods that is in demand in practice is the division of a land plot by agreement between the co-owners or through judicial consideration of the issue.

The allocation of a share from a single plot or division into several parts equal to shared ownership occurs according to the methods established by law. Violation of land management regulations is unacceptable, as it will make the division an unreasonable procedure.

Legislation on land division

Many legal regulations are devoted to issues of land management and, in particular, the division of land real estate. In particular, the following laws concern the issue:

• Article 11.4 of the Land Code of the Russian Federation is devoted to the possibility of dividing civil land;
• Federal Law No. 218 establishes the procedure and requirements for registering a land plot in Rosreestr, the procedure for completing mandatory procedures;
• Article 1182 of the Civil Code of the Russian Federation reflects the features of the division of the site, including current prohibitions and restrictions;
• Article 1170 of the Civil Code of the Russian Federation on the possibility of monetary compensation in case of disproportionate shared ownership or inheritance of a land use object.

The division of the plot is carried out only by owners who have legal documentation. At the time of re-registration, the original site ceases to exist and its account is deleted from the registry.

At the same time, records appear for shared plots, which in terms of area and other parameters must correspond to the original land plot.

The formed areas cannot receive a different land use status and cannot go beyond or be smaller than the previous object of registration.

The division procedure concerns the entire original plot and occurs upon agreement of the issue with all interested parties.

For example, land real estate was inherited by several persons; you can register the rights to the land as joint ownership or divide the allotment and receive separate papers for your share.

It will be necessary to carry out land management work and coordinate the contours of individual areas. If it is impossible to partition in kind, the inherited plot remains in joint use by agreement or court decision.

Primary requirements

When dividing land real estate, the interests of all co-owners must be respected. The basic requirements of the procedure are strictly followed:

• the formed land objects do not have expanded boundaries compared to the original object;
• the boundaries of the plots cannot extend beyond the boundaries of the municipality;
• the land use status is maintained for all allocated areas;
• capital and other buildings on the original plot must remain accessible to all owners, the land under the structures remains in joint use.

The main difficulty that arises when dividing a plot is the mandatory requirement that each circuit be accessible to its owner. In difficult cases, it is possible to obtain two parts of the plot, located in different places, allotment. When independent land use objects are allocated in kind, disputes arise among the participants, which are resolved in court proceedings.

The following areas cannot be divided:

• a pond flows along the interface;
• there are cultural monuments on the original site;
• when objects are formed that are smaller than the minimum area;
• farming limited to a specified size.

Individuals and organizations, as well as government agencies, are allowed to participate in the procedure. If the site is located on the territory of a populated area, then additional urban planning regulations will be required. The minimum size of land that can be allocated is set by the regional government, taking into account the specifics of local land management.

The actual dimensions (minimum and maximum area) of the allotment may change, so before entering into the legal field you should consult the land administration department.

In addition, administration employees will definitely inform the citizen about changes in legislation and recommend various ways to solve the problem.

For example, during privatization and simultaneous division, it turns out that the documentation is lost and an appeal to the archives is required. The issues can be resolved, but require additional time and costs, and are carried out by the person who is dissatisfied with the distribution of real estate. Expenses will be required to restore the lost papers, only then will they file a claim in court.

When is the partition made?

It is not only with shared ownership that land real estate is divided. The sole owner has the right to divide the land into several objects and dispose of them separately.

For example, you can keep a part for your future use, and sell other parts, rent them out for long-term lease, or dispose of them differently.

Often, a single owner divides his land so that his grown-up children can build separate households.

Options for dividing land property:

• in case of divorce, when spouses divide joint property;
• when inherited by several citizens;
• during the transformation and dissolution of non-profit structures.

Often, the allocation of shares in kind and the cessation of the existence of a single allotment is associated with the personal relationships of the co-owners. Citizens are no longer satisfied with the existing land use model and there is a need to highlight their contours. Subsequent violation of boundaries will result in administrative punishment for the guilty party.

It is necessary to take into account that the impossibility of dividing the land in kind will lead to two options permitted by law:

• joint use and signing of an agreement of co-owners;
• monetary compensation to those owners whose interests are recognized by the court as less justified.

For example, when dividing marital property, the judge has the right to grant land to one of the spouses living at a given address. The second co-owner will receive compensation determined after an independent assessment of the land property.

Required documents for the section

Before you begin legal procedures and file a statement of claim in court, you should take care of the package of required documentation. You will need to provide the following documents:

• passports of section participants;
• land surveying carried out by licensed specialists;
• cadastral passport for each allocated part of land;
• documents for the right to own part of the land plot;
• notarized consent of the spouses (if any).

If this information is available, you should contact the land management organization to obtain updated contours.

Each allocated plot must have its own land documentation in the name of the shared owner. When carrying out work on the territory, all interested parties must be present and sign the final act.

It will be necessary to draw up an act of agreement with neighbors who have border land plots.

Based on the boundary plan, delineation will be carried out and updated contours will be created that do not intersect or protrude beyond the original boundaries.

The division of land real estate in practice is not difficult if the participants agree with the land division option proposed by the cadastral specialist.

If conflicts arise and it is impossible to reach an agreement, the division is carried out by the court at the request of one of the co-owners.

Contents of the claim for land division

General requirements for drawing up and sending statements of claim are reflected in Article 125 of the Arbitration Procedure Code of the Russian Federation and Article 131 of the Code of Civil Procedure of the Russian Federation.

General requirements include competent completion of the form, indication of documentary data and a reasoned demand addressed to legal proceedings.

Since the burden of proof is placed by law on the plaintiff, false information will lead to denial of consideration and administrative punishment for the guilty applicant.

The following allegations will need to be proven in a claim for land division:

• the plot belongs to the plaintiff and defendant on the basis of ownership rights or participation in a non-profit association;
• the division made in kind with the involvement of a land management company corresponds to the share of the parties to the dispute;
• the claim is filed by a person whose rights were violated during the allocation of the plot;
• impossibility of division by agreement of the parties, counterclaims put forward by the defendant.

If an independent land examination was carried out, then the plaintiff must refer to the section made by the expert. The outcome of the consideration largely depends on the quality and well-reasoned substantiation of the claim, therefore, evidence of the plaintiff’s correctness is necessarily present in the information package.

The claim must contain the following information:

• name of the court;
• personal data of the plaintiff and defendant. If we are talking about several defendants, then the data of all citizens;
• a brief description of the subject of the dispute, with an exact correlation to legal norms, for example, after the division of home ownership, controversial issues arose regarding the use of land real estate;
• the requirement put forward by the plaintiff regarding the division of land real estate: to divide the subject of the dispute in accordance with legal ownership;
• attachment of documents explaining the applicant’s position;
• payment receipt for repayment of the state fee.

The claim will be accepted if the court considers the applicant’s arguments to be unfounded information. Each statement in the text of the application must be supported by documents. For example, the court takes into account information about the pre-trial claim work carried out by the plaintiff.

Each defendant and persons whose interests will be affected by the upcoming process will receive copies of the accepted statement of claim. Copies are sent by registered mail with notification, which allows you to prepare for meetings and put forward your own arguments.

It is possible to file a counterclaim and a petition for consideration of claims in one case.

The refusal of the co-owner to write an agreement on the division of the plot must be recorded in writing.

Often the owner, who has preferential rights to receive the property and offers compensation, goes to court. The notification is sent by registered mail to the co-owner of the land plot.

If there is no response within 30 days, then there is no point in waiting any longer; you need to contact the court.

As a rule, the claim is drawn up by a legal specialist specializing in the required sector of law. You need to have an excellent knowledge of the Land Code, the specifics of a given legal case, and be able to put your vision of the issue on paper.

A land lawyer has practice in drafting claims for land use, will be able to formulate requirements and indicate the rules of law applicable in this case.

Often, a lawyer can facilitate a settlement between opposing parties by explaining the legal vision of a given dispute.

Judgment on section

After hearing the parties to the process and accepting documents for the disputed real estate for consideration, the court may decide:

• divide the property according to the boundary plan and cadastral surveys;
• request a subsequent examination and take into account the parties’ comments on the previous version of the section;
• assign payment of compensation and secure the right of use of one party to the dispute;
• If natural division is not possible, the court establishes rules for the use of an indivisible object.

Participants in the process can challenge the court decision and send an appeal to a higher authority. This can be done within a month after the completion of the process, until the resolution comes into force. If the decision is not appealed and has entered into force, then each of the participants is obliged to comply with the received decision.

Further actions of the participants in the process

A court ruling is submitted to Rosreestr to make changes to the real estate register.

You will first need to contact the architectural department of the municipality and obtain the address for the site allocated by the court.

The primary site ceases to exist, its account is deleted by the registrar from the federal register. At the same time, records are generated for allocated areas and with individual owners. You must write an application and support it with the following information:

• cadastral passport for the new plot;
• act of the architectural bureau at the real estate address;
• certificate establishing ownership;
• court decision on the division of the allotment;
• receipt for payment of state duty.

The consideration of the issue and the entry of newly created entries takes place within 10-15 days, after which each applicant will receive his own extract from the Unified State Register. In addition to Rosreestr, submit an application and documents to the MFC, which will slightly prolong the registration procedure. Registration may be refused if errors are made and there is insufficient documentary support for the application for registration.

It is recommended to entrust the resolution of land use disputes to a lawyer who guarantees the prompt completion of the process of dividing real estate. A specialist will be able to find a solution that satisfies the parties and will help avoid recourse to the courts.

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