How to register a land share by inheritance, how to inherit a land share

Inheriting a land share is a difficult and rather specific task by its very nature. In order to understand all the specifics of the task, it is necessary to turn to the origin of this concept.

Shares began to be issued after the bankruptcy of collective and state farms, since the plots assigned to them in the 90s were left en masse without owners.

Shares were transferred to employees and former members, and many people took a superficial view of the issue and did not take possession of the property, refused privatization, or ignored this opportunity.

This is precisely the difficulty of inheriting such objects. However, every situation has its way out, and this case will not be an exception.

And therefore it is worth considering in detail all the nuances about how you can contribute a share to the inheritance.

How to put it in a will

Of course, it is easier to take the necessary measures initially, register the land plot in the way required by modern legislation, and then transfer it as property - by inheritance, as a gift, or in any other way.

If you want to include land in the will, you must carry out the following work with the land share:

• write an application to the administration for the provision of a plot;
• obtain written consent from the administration;
• land surveying and registration;
• obtain a certificate of receipt of ownership.

In this case, the land can be entered into a will or transferred as an inheritance by law in the simplest and most acceptable way for everyone.

Documentation

In order to receive a share as an inheritance, you must provide a certain package of documents.

These are, first of all, general documents - the death certificate of the testator, the heir’s passport, a document about the last place of registration of the deceased, papers confirming kinship.

But it is also necessary to provide all documents for the inherited land - a complete list of those available. A cadastral plan, a certificate of allocation, an assessment, confirmation of the absence of encumbrances - all this is necessary for a notary to work successfully.

The notary has the right to request additional documents, and they will need to be provided.

How to join

Let's look at how to enter into inherited agricultural land. To register a share, you need to collect a complete list of papers and take them to the notary.

The papers serve as the basis for opening an inheritance case and for you to receive an inheritance as a result.

If all the papers were collected correctly, six months after the death of the testator you will be able to receive at your disposal land and other inheritance that was relevant in your case.

How much does it cost to register, taxes and duties?

There are no inheritance taxes today, but the need to pay a fee remains relevant. It is necessary to pay it, since without it you will not be able to obtain a notarial certificate. How much does it cost to register land? The fee has a size of 0.

3 percent of the total cost of the inheritance for heirs of the 1st-2nd stage, which is why it is important to evaluate the site. For more distant relatives, the duty is calculated as 0.6 percent of the cost of the plot.

In the first case, the upper payment ceiling is 100 thousand rubles, in the second it should not exceed a million.

Deadlines

The legislation usually allocates six months from the date of death of the testator to complete such a task.

It is during this period that all documents must be completed and submitted. If you don’t have time, you will have to seek an extension of the deadline through the court, or negotiate with other heirs so that they write an agreement to share the inheritance with you.

When extending through the court, you must provide evidence that you did not and could not find out about the death of the testator in a timely manner, or a good reason for missing the deadline.

In practice, people manage to achieve an extension of deadlines and protect their rights, but it is better not to delay the procedure so as not to take risks and avoid
additional hassle.

Important! Sometimes the period can be 3 months - this happens when the inheritance is transferred from one line of heirs to another in case of refusal or recognition as unworthy. Then you will have to prepare the papers at an even more active pace.

Valuation of received farmland

An arbitrary appraisal company will be able to evaluate the share. This is not too expensive - today many companies are ready to do such work, charging only 1-2 thousand rubles from the client. The assessment document must be provided to the notary, this is necessary to calculate the fee. You should trust the work only to licensed companies, otherwise the notary may not accept the document.

If there are several heirs

Situations when several people claim an inheritance often arise, and in this case the inheritance mass is divided between them in equal shares.

The land can also be divided, and if this is not possible, it is given to one of the applicants, with the cost of the remaining parts being paid off in money or other objects of the inheritance estate of equal value.

The priority for owning a plot is given to the applicant who conducts economic activities on it, cultivates it, and resides there.

Land Committee

Applications to the land committee must be made at the location of the site. Here you can get expert confirmation of land valuation.

At the location, they also contact the tax office, where they need to receive confirmation of payment of fees for the site, as well as a document confirming the absence of restrictive measures.

Can I give it as a gift?

A share can become a gift if you decide to use it that way.

You can draw up a deed of gift and transfer the land to another person, but initially you need to enter into an inheritance. The basis that allows you to dispose of such property at your own discretion will be a notarial certificate, which you will receive upon completion of all measures for entering into an inheritance.

After you enter into an inheritance, you will be faced with some nuances. So, if you decide to give a share to relatives, there will be no problems in this regard.

However, the consent of all other landowners will be required if you decide to provide a share to a non-relative or an outsider.

In addition, if there are co-owners of the share, it is necessary that they initially renounce their shares in your favor, and only then you can complete the donation procedure.

When is it considered unclaimed?

In the past, land shares that were not used by the owners for three years were considered unclaimed. Today the law has been edited, and the question arises somewhat differently.

Unclaimed land is considered to be that which was left without an owner due to his death and the absence of heirs, if the heirs did not apply for a share.

A share also falls into this category if the heirs do not have the opportunity to apply for an inheritance, are found unworthy, or if there is no information about the owner.

How to sell?

It is possible to sell the received farmland, and this is feasible again after it is registered in the name of the heir. First, you need to go through the procedure of obtaining an inheritance, and only then it will be possible to sell the land. However, there are some nuances to this issue.

The purchase of land is carried out in compliance with a certain hierarchy, and initially it is necessary to offer the opportunity to purchase a share to the municipality, at a price that will be determined by it. In case of refusal, you can offer the share to other buyers on a general basis.

Important! The proposal to the municipality is formed in the form of a notice informing about the sale of the share, and the response must come within 30 days. The municipality has 90 days to pay.

Conclusion

Thus, the land share can be formalized as part of the inheritance, and it will pass along with other property left by the testator. If the transfer of a share with an inheritance is obviously expected, it would be advisable to take measures in a timely manner and fully register the plot, if this has not already been done.

Having all the land documents included will greatly simplify the inheritance procedure, and therefore these measures will not be in vain. After registering a land share, you can sell it, donate it, or receive rent.

A plot of land can be inherited by one or more heirs; it is not necessary to divide it, especially since sometimes this is unacceptable.

In addition, after registration of the plot, it is possible to sell it for subsequent division of funds in equal shares - this approach also often resolves inheritance disputes.

By selling the land to the municipality or a private buyer, you can receive funds and divide them equally. True, the cost of land at sale may differ from that indicated by appraisers - it can be either more expensive or cheaper, it all depends on the specific situation and the buyer who needs to sell the land.

How to register a land share as a property by inheritance?

A land share is a piece of land that is privately owned. It is a type of property property, so it can be transferred for use as an inheritance by drawing up a will, as well as under a gift agreement.

To become the legal owner of a land share received by inheritance, it is important to know the rules for re-registration of property rights.

Re-registration of property relations as a result of inheritance is regulated by Russian legislative acts, namely civil and land laws (you can read the text of the Civil Code here , and the contents of the Civil Code here ).

Procedure

Entry into inheritance is carried out according to generally accepted rules; it does not matter which property is transferred for use to the heirs. According to the law, the process of opening an inheritance is determined within 6 months after the death of the testator.

The procedure for inheriting a land share consists of the following steps:

• collect a package of certain acts;
• submit an application to a notary office;
• obtain a certificate of the right to inherit. To obtain this act, the notary must check whether the heir has legal rights to take possession of the land share, and also make sure that there are no other recipients of the inheritance in the form of the land share;
• After receiving a certificate of inheritance, you need to re-register your property rights, but first you need to discuss the terms of boundary delineation.

How to register a share as an inheritance after the death of parents?

It is possible to receive a land share from deceased parents if they have drawn up a will; if there is no such document, then according to the law, the direct heirs will be the children of the deceased.

If there is a corresponding will, the children need to contact a notary for the issuance of a certificate.

If the deceased parents did not draw up a testamentary act, then in order to re-register the land share as property, you also need to contact a notary.

The heirs must provide the notary with a statement indicating their desire to become the owner of the land share. In addition to this aspect, the text of the application must contain:

• grounds for becoming the owner of a land share;
• information about the potential heir;
• information about deceased parents who left a land share as an inheritance;
• information about the land share. It is important to indicate in detail - the area of ​​the share, the boundaries of the land plot and other data;
• date of registration of the petition and signature of the heir.

To register a land share inherited from parents, you need to submit not only an application, but also a package of certain documents. The most important of these is the death certificate of the testator.

Important! When submitting an application to a notary to enter into rights to a land share, you must pay a state fee. Its size is fixed in the tax code, the payment amount is 350 rubles.

Package of documents

Receiving a land share by inheritance requires submitting an application and a list of documentation to the notary in charge of the inheritance case.

Registration of ownership rights to a land share is accompanied by the presentation of documentation:

• an act confirming the death of the testator;
• information about the place of residence of the deceased;
• a document certifying the identity of the person claiming to receive a land share as an inheritance;
• act on the allocation of shares;
• card index diagram;
• title papers for land plots;
• receipt of paid state duty;
• acts indicating that the deceased and the heir are related;
• papers drawn up by a special commission proving that they carried out an independent assessment of the site;
• information about the absence or presence of debts on mandatory payments.

If the documentation is submitted by a representative of the heir, then he must be provided with an additional act to the above - a power of attorney. Without notarization, the document will be considered invalid.

When the heir does not present a complete list of papers to the notary, their acceptance will be refused.

Procedure for entering into inheritance

To become the full owner of a plot received by inheritance, it is worth re-registering property rights. To do this, the heir needs to contact Rosreestr. This institution is provided with a list of the above papers, as well as an application filled out by the future owner of the property.

Registration of a land share in Rosreestr will be carried out only after checking all submitted papers for compliance with the law, as well as after paying the state fee. If the acts are drawn up legally, then authorized persons enter information about the change of name of the owner to the inheritance in the Unified State Register.

The procedure for registering immovable inheritance in property is carried out within a ten-day period. At the end of this period, all previously submitted papers will be returned to the applicant.

How much does it cost to register a land share as a property?

The procedure for registering an inheritance in Russia is the same, but the cost will vary depending on certain criteria. For example:

• from the region;
• from the area of ​​land;
• depending on the type of hereditary plot.

According to the laws, an heir is obliged to pay tax on a will received by inheritance if:

• the plot satisfies the needs of its owner, as it has an agricultural purpose;
• In the future, it is planned to build an agricultural complex on this territory;
• products are grown on ancestral land for the purpose of sale in the future;
• Livestock is raised on the site;
• Any type of agricultural activity is carried out on the received share of land.

Important! The amount of tax for the use of a plot of land received by inheritance depends on its cadastral value.

Can they refuse?

The competent authority Rosreestr does not accept all registration applications for consideration, and also not all transactions to change the owner’s name are registered. Authorized persons of the registration institution can refuse applicants, but for this they need certain reasons.

Grounds for refusal to register a land share received by inheritance:

• presentation of an incomplete list of required papers. In this case, in order to register ownership of the plot, it is necessary to collect the missing documents and re-submit the petition to Rosreestr;
• the applicant does not have sufficient grounds to re-register property rights. For example, his name is not indicated in the will or the testamentary act has not yet entered into force.

Rosreestr employees provide the heir with a written refusal within 5 working days, which must indicate the basis. If a refusal is issued, the heir has no legal rights to dispose of the land inherited to him.

Important! If the employees of the registration institution refuse to re-register ownership rights to the inheritance, then the previously paid state duty is not refundable.

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):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

Land share as inheritance

Land share is a type of land ownership that arose in the early 90s as a result of the organized bankruptcy of collective and state farms.

The arrays that remained ownerless were immediately handed over to:

• former members of collective and state farms;
• employees working on farms;
• state employees serving farms.

It is worth noting that the majority of citizens did not take possession of the transferred land property. In addition, the transfer of plots was accompanied only by a documentary allocation of a share (share), without land surveying and other legal procedures accompanying the acquisition of property.

As a result of non-use of agricultural lands for their intended purpose, regional municipalities began to confiscate previously allocated lands.

The exception was enterprising citizens who achieved regulations for the use of their share by allocating the location of the site, with the establishment of boundary boundaries. Other persons provided a full-fledged legal basis for land ownership by surveying and documenting their share.

Such cases determine a qualitative change in legal grounds, allowing allotments to be considered a full-fledged type of real estate.

Unlike other types of property, a share in a land plot (ZU) cannot be directly included in a will.

The intention to include property relations in the inheritance must be formalized accordingly.

The only legal basis for registration will be the PP dated September 4, 1992, No. 708, which legalized the privatization of land.

• On this basis, the allotment was provided, but the situation today requires the use and participation of the citizen in its maintenance, which is characterized by the payment of taxes.
• If a citizen has paid taxes in good faith, he has the right to claim the allocation of a specific plot of land in joint ownership of the area. To do this you need to go through the following procedure:

1. Write an application addressed to the head of the administration of the locality with a request to allocate the location of the site, indicating the area and the desired location.

2. After written consent, issued in the form of an extract from the administration’s decision, to carry out land surveying.
3. After surveying, based on the survey file, register with Rosreestr.

4. Having received the “Certificate of Property”, based on entering information into the State Real Estate Cadastre (GKN), it is permissible to draw up a will.

A package of documents for establishing the issuance of a share, an administrative act and a certificate received from Rosreestr are provided to the notary. The allotment, executed according to the rules, is included in the testamentary disposition.

If the administration issues an extract refusing to provide a lease, it is permissible to file an appeal in court and defend the right to property in court.

When an allotment is granted by a court decision, an extract from the administrative decision is replaced by an extract from the court decision. On its basis, the land plot will be registered in the cadastral register and a certificate will be issued allowing the registration of a will.

If there is a lack of legal grounds for drawing up a will, it is permissible to inherit land according to the law, in order of priority (see o). A certain category of citizens ignores completing the documentation package for a share in the array. But their descendants subsequently try to revive the situation with land property.

Opening an inheritance

There are offices operating under the “Inheritance without Borders” program in almost all regions. Their activities include contacting any of the authorized institutions, at the discretion of citizens.

Employees determine the data in the system reflecting the presence or absence of a will. Each of them has the right to carry out testamentary and other procedures related to entering into legal ownership.

Having confirmed the fact of the citizen’s death, his relatives and other interested parties approach the notary, who opens the inheritance.

If a will has been left, the procedure is carried out on its basis; in the absence of one, for close (and other) relatives in order of priority.

Transferring ownership of a share is a special case. The specificity of its use allows the interested party to engage in dialogue even in cases where it belongs to the second and further queues. The inheritance opens for 6 months. During this period, applicants for a share in the property of the deceased write applications for participation in its acceptance.

The relative claiming the property legalizes the claim in a statement. With a degree of probability, other relatives will prefer other values ​​represented by the hereditary mass.

In some cases, the plot is divided between the applicants. The area of ​​plots issued on a share basis is measured in hectares. This allows the allocated share to be divided among several claimants without prejudice. At the discretion of the participants, the land plot is registered as joint ownership.

Inheritance of a land share

Six months after the opening, applicants take possession of the property of the deceased, which allows them to begin registering the land.

If the land plot has passed land surveying and registration, all that remains is to re-register it with Rosreestr. To do this, the new landowner goes to the local branch of the State Property Committee with a certificate of inheritance rights and documentation of land ownership.

It is permissible to receive a share after the death of the owner by will or by law.

A plot that is not properly registered and has not become the subject of a testamentary disposition may be accepted by the heirs of the first priority.

These include close relatives of the deceased:

If the applicants are grandchildren or other relatives who are not among the first-priority persons, they will have to negotiate with the first-priority persons to renounce the allotment. Based on the refusal, the property is transferred further in turn.

A share not registered according to the rules is allowed to be distributed according to the law on the basis of Part 1 of Article 1112 of the Civil Code of the Russian Federation. It announces that relatives receive the rights and responsibilities of the testator. Accordingly, the person who has assumed responsibility has the right to begin registering the land share.

The property of the deceased is transferred as a whole, by the “common inheritance mass”. The notary formalizes the number of persons entering into the right to transfer ownership of real estate and other valuables, announcing the volume of property in a list.

Having gathered, relatives voluntarily agree on preferences and claims. A person claiming land ownership legalizes his wishes. If he agrees, the allotment is given to him.

If there are several such applicants:

1. The area of ​​the plot is accepted for disposal jointly, with or without allocation of shares.
2. The applicant refuses other property to pay for the loan.
3. The object is transferred to the person who has priority in line by degree of relationship, or who received it by will.

A right that is not properly formalized is transferred to the person in its original form. He independently, on the basis of the presented certificate, contacts the administration to the head of the executive committee and submits an application to determine the location of the storage facility. In case of refusal, he files a lawsuit.

If disagreements arise between relatives and other interested parties regarding receiving a share, they resolve it in court.

The person to whom the right of disposal is transferred by a court decision draws up documentation according to the established algorithm.

Documents for inheriting a land share

When making a will you provide:

1. Civil passport of the testator.
2. Title documentation for the land plot. This is documentation for receiving a share, an act of administrative decision on the allocation of a plot, indicating the location.
3. A “certificate of ownership” certifying the type of right.
4. Lack of encumbrances and seizure, confirmed by documents.

If the specified documentation is missing, the allotment will not be included in the testamentary disposition. After the death of the owner, it will pass by law. The person who has taken possession will be required to formalize this package in order to avoid the seizure of land in favor of an economic entity.

First of all, you need to find out about the absence of tax debts and pay them, if any.

The application for the allocation of immediate territory, with the establishment of conditional boundaries, must be accompanied by:

• tax payment certificate;
• copy of passport;
• certificates of inheritance;
• court decision, if permission was given by the court.

When registering an inheritance according to the law, the relatives of the deceased provide the notary with documentation confirming the degree of relationship:

• passports and birth certificates;
• marriage certificates if the surnames of relatives changed upon marriage.

Precedents of refusal to register a share in a right without providing the property equivalent of this right are far from uncommon. Notaries and judges refuse to transfer a virtual object by inheritance, which has become a kind of rule.

The only way out is to set out the boundaries of the site, survey and design it, based on permission received from the administration.

But administrative structures often refuse the procedure on the basis of the statute of limitations, during which the owner did not take advantage of the granted right of privatization, given to him more than 15 years ago (see How to get a land plot for free).

If the plot is registered according to the rules, it does not act as a share, but is a legally full-fledged piece of real estate, which allows it to participate in property transactions, including participation in the testamentary dispositions of the property owner.

  Increment of hereditary shares

Registration of land share in property

Once upon a time, such forms of agriculture as state farms or collective farms were common, which in the classical sense have lost their existence. Today, land shares and other types and forms of ownership are more common.

What is a land share? This is a plot that is allocated on the right of ownership to specific citizens from the total mass of land.

This separation usually occurs during the reorganization of a collective farm. It is not enough to simply receive such an allocation; it must be secured and formalized accordingly.

How to register a share when allocating it?

To obtain a land share in ownership, you must follow a certain algorithm:

1. Notify other participants in such property by submitting an advertisement in the media.
2. After exactly one month has passed since the publication of information about the sale, gather all shareholders. It is a joint decision that can allow the separation of separate parts. All decisions made at such a meeting must be recorded in the minutes. It must be signed by all participants.
3. Carrying out land surveying. It involves defining and recording in documents the boundaries of the future division. This period of registration is the longest in terms of time and costly from a financial point of view. It can drag on for a period of up to 2 years, and in the best case, it will end in 7-12 months. However, based on the results of this stage, a land business is opened. It is coordinated with the competent authorities or services, as well as the owners of neighboring plots.
4. With the submission of the Land File, you can draw up a cadastral plan and achieve the assignment of a unique cadastral number for the plot.
5. The final mandatory step is registration of ownership. This will take another month at most.

As a result, the interested person receives the right to own, dispose of and use the site.

Purchase of a share and its registration

The process of acquiring a land share under a sale and purchase agreement begins with the standard procedure for concluding the agreement itself. After this, you will need to issue a certificate of ownership in Rosreestr. You must come there with prepared documents:

• contract of sale;
• permission of the seller's spouse to conclude the transaction. Must be drawn up in notarized writing;
• passports + their photocopies of the parties to the transaction;
• a document confirming the owner’s rights to the allotment;
• confirmation that all owners have been notified of the sale;
• application for registration;
• receipt for payment of state duty.

After this, it is necessary not only to document the land, but also to allocate it in kind. To do this, you need to write a corresponding application to the agricultural enterprise stating that it is necessary to allocate a plot of land.

You also need to write an application to the district administration and submit photocopies of the documents there:

• passports of the applicant;
• applications to an agricultural enterprise;
• certificates of ownership of shares;
• diagrams or site plan;
• other necessary documents.

The original will only be required for applications submitted directly to the administration. The final step will be registration of ownership.

Receiving a share by inheritance

To receive an allotment by inheritance, you must go through the standard procedure for acquiring inheritance rights. This is done with the participation of a notary.

The list of required documents depends on the method of receiving the inheritance. If the heir asserts his rights under the law, he will need to confirm the existence of a family connection with the deceased. A document that can reliably prove this is a marriage certificate, birth certificate, etc.

If the method of inheritance is acceptance by will, it is necessary to present this document with a note from a notary stating that it has not been changed and has legal force.

Some papers cannot be obtained without a notary request. For example, a paper guaranteeing that the share was owned by the testator.

The papers, which can be prepared by the heir himself, are required to include:

• certificates confirming the complete absence of encumbrance on the land;
• papers confirming the absence of outstanding tax debts;
• land valuations.

The notary will check the submitted documents and, based on them, will issue the heir with a certificate of right to inheritance. It is this that gives the heir the right to register the share as personal property.

Thus, regardless of the method of obtaining a land allocation, registration of ownership takes quite a long time. The final completion of all stages will allow the applicant to receive ownership of part of the land.

Land rights: registration of ownership of a land share, land deed

How to re-register agricultural land . “Rakurs” has already written that 63% of rural heads state the existence of unclaimed land shares, on average there are 35 units for each rural community. And there are also villages where more than 100 shares remain unclaimed. In Ukraine as a whole, about 100 thousand have not yet found their owners.

land shares , that is, today almost 3 million hectares of agricultural land remain ownerless! And this despite the fact that land is a valuable resource and constant capital of Ukraine. “Rakurs” decided to find out what was causing this mysterious situation.

What is this, indifference to land and agriculture, reluctance to enter into any legal relations with the state, or something else? It turned out that everything is very simple.

«An unclaimed share is a land share assigned to a specific person who, for some reason, has not confirmed his ownership. We need to go back in time to the moment when the division of the collective agricultural enterprise was carried out.

Then a state act on the right of collective property was drawn up, and to it there was an appendix - a list of citizens, members of this enterprise and pensioners from among them. But anything can happen in life. For example, the owner of a share died without confirming his ownership of the land, and his children went somewhere abroad to work.

That is, the heirs simply physically could not formalize ownership of this plot.

But they can correct the situation as soon as they appear in Ukraine by contacting the relevant land resources authority to formalize their land ownership rights Alexander Krasnolutsky, head of the department of land management, use and protection of lands of the State Land Resources Agency .

Interestingly, the law does not define the period during which you can apply for your inheritance in the form of a land share. Of course, it is better to do this within six months after the death of a relative, as is done according to the law when inheriting something.

To accept an inheritance, you first need to contact a notary to open an inheritance case. This can be a public or private notary at the place of opening of the inheritance, that is, at the last place of residence of the deceased.

If it is unknown, an inheritance case is opened at the location of the share.

The notary must submit an application for inheritance, to which must be attached the death certificate of the testator. It is issued by the registry office departments on the basis of a medical certificate of death. It is also necessary to attach documents confirming the relationship of the heir to the testator, a passport, the recipient's identification code and a will (if there is one).

If the plot does not have a cadastral number and, accordingly, the Land Register is not open, the notary makes a request, which determines the heir on the basis of the inheritance case he has opened.

The heir identified in the request submits an application for state registration of the land plot. During the registration process, the plot is assigned a cadastral number, and at the same time the Land Register is opened, from which an extract is issued to the heir.

From this moment on, the notary can issue a certificate of inheritance rights to the land plot. On the state deed, the notary makes a note about the transfer of ownership. After which the heir can register his right to the share with the land resources authorities.

The right of ownership to a land plot (share) is acquired from the moment of state registration of rights to it.

An uninherited land share can be received after the specified six-month period, but if there is a delay in registering the inherited land, the relative of the deceased will have to prove his right to inheritance in court. Fortunately, the state does not take away such an inheritance; it “neatly” waits for its new owner for as long as necessary. If there really is an heir.

After the appropriate court decision, the heir will be able to draw up a title document for the land plot.

If a deceased citizen was included in the state act for the right of collective ownership, but for some reason did not receive a certificate, his heirs can still receive a share inheritance.

If the court restores this right of the heir, he will be able to draw up a title document for the land plot in his name.

Until a legal successor appears, the land plot is managed by the relevant district state administration (if this plot is located outside the populated area) or the village, town or city council (if the plot is within the populated area).

And only if there are no heirs provided for by the will or law, or the heirs were excluded from the right to inherit, or they refused the inheritance or did not accept it, the court, upon application of the relevant local government body at the place of opening of the inheritance, recognizes such an inheritance as escheat .

And territorial communities can dispose of it at their own discretion, for example, give it to someone as their property or rent it out.

Can the new owner begin using his plot immediately? Only if it is not rented out, notes Andrey Kharchenko , head of the department for explaining the application of legislation of the State Agency of Land Resources.

It should be noted that currently the vast majority of land plots received by villagers during allotment are leased to agricultural enterprises and farmers.

And a change of owner, in accordance with the law, is not a basis for terminating a land lease agreement.

«The new owner does not have the right to unilaterally terminate this agreement if the agreement did not contain an appropriate clause granting the owner such a right. He must wait until the end of the period specified in the contract.

When the lease agreement expires, the new owner of the share must notify the tenant that the agreement will not be renewed due to the desire of the land owner to cultivate it independently ,” explains Andrey Kharchenko .

However, it must be taken into account that, as a rule, Ukrainian peasant landowners own the rights to a certain piece of land of a certain size, which in fact exists only on paper, since it was not allocated in reality.

Such pieces of paper are often rented out en masse, resulting in a large field, but no one knows where their share is in this field.

Therefore, you first need to establish the boundaries of land plots in kind (on the ground) and secure them with boundary signs, advises Mr. Kharchenko .

However, the heir to the land share can still make changes to the current lease agreement. At least as far as the identity of the lessor is concerned.

To do this, it is necessary to provide the tenant with a copy of the inheritance certificate, a copy of the state act and a copy of documents identifying the new owner of the land plot, sign an additional agreement with him to the contract and be sure to register it. Since January 2013, instead of a copy of the state document, you can provide an extract from the State Land Cadastre.

«Rent for the use of the land plot must be paid to the heir in full in accordance with the terms of the lease agreement, but only after re-registration of ownership of the land plot.

If the new owner wants to make changes to the clauses on the terms of the lease (for example, on rent) before the end of the contract, then this is done in court ,” notes Andrey Kharchenko .

Alexander Krasnolutsky notes that the State Land Agency is often approached by citizens whose parents worked on the collective farm all their lives and died just before the disintegration.

He says: “ Unfortunately, they do not have the right to a land share (share), because the law clearly defines that only those who at the time of division were a member of a collective agricultural enterprise or a pensioner from among them have such a right .

There are also cases when a person worked all his life on a collective farm, then left it, and a day later the division began. This person, too, unfortunately, no longer has the right to a share (share) from collective farm lands ».

There is another category of people deprived of the law. Foreign citizens cannot legally own agricultural land in Ukraine (arable land, hayfields, pastures, perennial plantings).

So it turns out that the children of landowner villagers who went abroad to work and received foreign citizenship there cannot inherit land shares? Yes and no. Like everyone else, they have the right to inheritance, in particular they can inherit land plots.

However, the lands inherited by them must be alienated within a year.

“ During the year, foreign citizens can use the inherited land plot (share) at their own discretion, but before the end of the annual period they are required to sell, donate or alienate these plots in any other way ,” explains Andrei Kharchenko .

Based on materials from the joint project of the State Land Agency of Ukraine and the World Bank “Issuance of state acts on land ownership in rural areas and development of the cadastre system.”

Land share as inheritance

A land share is a type of ownership of a plot. It appeared in the 90s, when collective and state farms began to go bankrupt. Land plots were transferred to workers for indefinite use. They rented them out to state farms. Land shares can be sold, donated or inherited. In order not to get confused in all the nuances, seek advice from a competent specialist.

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Transfer of shares by inheritance

In order to be able to transfer a share as an inheritance, the land plot must be officially registered (Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”).

The person who received the land plot after the death of the testator will register the property rights. You need to write an application to the administration and obtain consent to register the share. Afterwards the land is surveyed and boundaries are established. And then, most likely, you will have to go to court to include the land plot in the inheritance mass.

Heirs' rights

According to Article 1111 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), you can inherit a land share by law, inheritance agreement or will.

If the testator did not dispose of his property during his lifetime, then successors are determined among relatives based on the order of priority.

The first are parents, children or spouse. The spouse has the right to receive half the share by inheritance if the plot is joint property.

After the marital share is allocated, the remaining part of the land share will be divided into equal plots among all applicants.

If there are no legal representatives, then the transfer of property is carried out to the second circle of heirs: sister or brother, grandparents. And so on until there are those willing to accept the property.

Under a will, the process of transferring property is simpler. The land share is inherited by the people specified in the will.

The notary requests an extract from the Unified State Register of Real Estate to determine the cadastral value. The heirs have the right to conduct the assessment themselves.

Stages of registering an inheritance for a share

Registration of inheritance for a share is carried out gradually. The main stages of the procedure for receiving a share as an inheritance:

1. The collected papers are handed over to the notary and an application is drawn up to open a case to transfer the share as an inheritance.
2. The notary opens an inheritance case and verifies the authenticity of all documents provided.
3. If everything was done correctly, then after the expiration of six months the heir receives the rights to dispose of the share.
4. Pay the state fee for registering ownership of the share.
5. The ownership rights to the share are registered. Processing will take 1-2 business days.

Terms of inheritance

The deadlines are the same as for obtaining rights to residential property - 6 months after the death of the testator. The account is kept from the date of death or death of the testator. Six months in advance, everyone who wants to take over the rights to inheritance must write an application to a notary and pay a state fee. In order for a notary to issue a certificate of the right to inherit a share both by law and by will, you need to pay:

• 0.3% of the share value if the heirs are children, parents, brothers and sisters;
• 0.6% of the value of the share to all other applicants for the inheritance.

When 6 months have passed, the notary will issue the heirs with a certificate of inheritance, which will indicate all transferable property, including a share of land.

If any of the heirs wishes to challenge the transfer of a share in the inheritance, then he writes a statement to the court. After the meeting, a copy and the original of the decision are attached to the main package of documents. You need to collect the following documents:

• photocopies and original death certificate of the testator;
• passports of heirs;
• certificate of registration of the testator;
• documents confirming the family ties of the testator and heir;
• a certificate of allocation of a land share, which is inherited;
• an extract from the Unified State Register of Real Estate to confirm the absence of collateral or other encumbrances on the site.

The rights of recipients of shares in inheritance are regulated by the Civil Code of the Russian Federation. Controversial situations can also be resolved peacefully: by buying back shares from other participants or selling your part.

If the share in the land that is being inherited has been officially registered and the testator has ownership rights, then no difficulties will arise when transferring the plot. All controversial issues are resolved peacefully or in court.

• Sources:
• About the deadline for accepting an inheritance
• About registration of land rights