Determination of the procedure for using a land plot according to shares

So, for example, one of the landowners wants to sow the entire plot with root crops, and the second wants to turn it into a place exclusively for family recreation. Determining the procedure for using a land plot according to shares makes it possible for each share owner to use his own piece of soil in accordance with correctly executed documents. This procedure is established depending on the number of owners, the size of their shares on the site and other criteria.

Reasons for dividing and determining the procedure for using a land plot:

1. The presence of several owners with different ideas about the intended use of the land plot in their shared ownership.
2. The emergence of a new owner of a share of a land plot, challenging the previously established procedure for its use.
3. The need to determine the procedure for use, in the absence of the possibility of allocating a share of the land plot in kind.
4. The presence of a residential building in common shared ownership, built on the territory of one plot, when each co-owner has the right to access and use it equally with the others.

It can be concluded voluntarily between landowners of the same plot as a result of successful negotiations and fair measurements. It is drawn up in writing and, at the request of the parties, can be notarized. For this event, it is advisable to use the services of our land lawyer.

In this case, everyone will be happy, and the conflict of interests will resolve itself. And if this is impossible, for reasons of disagreement of the parties, then the procedure for using the land plot will be determined in court.

But first, it would be best to obtain professional legal advice on land issues.

Judicial determination of the procedure for using a land plot

In the event that a general voluntary decision on determining the procedure for using the land plot has not been reached, one of the parties to the land dispute will need to go to court.

Land cases, due to their delicate specificity, are considered very carefully in court and not as quickly as we would like.

To get started successfully, you will need a legally competent and substantiated drafting of a statement of claim.

We will help you successfully resolve a land dispute

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The judicial practice of our lawyers in determining the procedure for using a land plot shows that conducting such litigation without the help of a specialist in the field of land legal relations leads to disastrous results for all parties to the conflict.

And it’s better not to allow this from the very beginning!

— If you are not satisfied with the current state of affairs and you need to determine the procedure for using a land plot in court, then feel free to contact us for professional legal assistance. You will personally be convinced of the competence of our colleagues, who will not declare fabulous sums for their services.

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Appeal ruling of the Investigative Committee for civil cases of the Moscow Regional Court dated November 6, 2013 in case No. 33-22188/2013 (key topics: determining the procedure for using a land plot

Appeal ruling of the Investigative Committee for civil cases of the Moscow Regional Court dated November 6, 2013 in case No. 33-22188/2013

Judicial panel for civil cases of the Moscow Regional Court consisting of:

presiding judge Menshutina E.L.,

judges Shevchuk T.V., Galanova S.B.,

under secretary Mazur V.V.,

having considered in open court on November 6, 2013 the appeal of Vladimir Aleksandrovich Serezhkin against the decision of the Yegoryevsky City Court of the Moscow Region dated June 7, 2013 in the case of the claim of Vladimir Aleksandrovich Serezhkin to Anzhelika Bernardovna Voronina for the division of home ownership, according to the counterclaim of Anzhelika Bernardovna Voronina to Vladimir Serezhkin Aleksandrovich about the division of home ownership, determining the procedure for using the land plot,

after hearing the report of judge T.V. Shevchuk

explanations of Serezhkina V.A. and his representative Sotsuro A.V., Voronina A.B. and its representative Vikulova E.K.,

INSTALLED:

Serezhkin V.A. filed a lawsuit against Voronina A.B. on the division of home ownership, in which the court asked the court to allocate to the plaintiff a part of the residential building at entrance No. 2, with an area of ​​\u200b\u200ball parts of the building (rooms and premises for auxiliary use) of 35.9 square meters.

, with a total living area of ​​35.9 sq.m., including a living room of 24.7 sq.m., consisting of a living room (lit. A) with an area of ​​24.7 sq.m., a kitchen (lit. A3,) with an area 11.2 sq.m. and a service building - a barn (lit. G2) with an area of ​​7.4 sq.m.

, located at the address: “data seized”

Terminate the right of common shared ownership of Serezhkina V.A. for a residential building (lit. A, A1. A2, A3, a, G, d2) with an area of ​​all parts of the building (rooms and auxiliary premises) of 76.3 sq.m., the total area of ​​the residential building is 73.5 sq.m. , including residential 53.4 sq.m., located at the address: “data withdrawn”

Voronina A.B. filed counterclaims against V.A. Serezhkin. on the division of a residential building, determining the procedure for using a land plot.

She asked to be allocated ownership of the 8/15 shares of a residential building at entrance No. 1, with an area of ​​all parts of the building of 40.4 sq.m., a total living area of ​​37.6 sq.m., a living area of ​​28.7 sq.m. .m., utility room 8.9 sq.m.

, with an area of ​​auxiliary premises of 2.8 sq.m., consisting of a living room with an area of ​​19.1 sq.m. (lit. A), a living room (lit. A1) with an area of ​​9.6 sq.m., a kitchen ( lit.A2) kitchen, area 8.9 sq.m., cold room (lit.a) area 2.8 sq.m.

, as well as a service building (lit. G) barn.

Terminate the right of common shared ownership of the specified residential building by Voronina A.B.

Serezhkin V.A. did not appear at the court hearing, his representatives Serezhkina V.I., Pchelina E.S. The plaintiff’s demands were supported in full, on the grounds specified in the claim. They objected to the determination of the procedure for using the land plot according to option No. 2, and asked to determine the procedure for using the land plot according to option No. 7.

Voronina A.B. and its representative Vikulov E.K. The counterclaims were supported in full, on the grounds specified in the claim. They did not object to dividing the house according to the option proposed by the plaintiff.

By the decision of the Yegoryevsky City Court of the Moscow Region dated June 7, 2013, the claim of V.A. Serezhkin on the division of the house and termination of the right of common ownership is satisfied, the counterclaim of Voronina A.B.

on determining the procedure for using the land plot according to option No. 2 of the examination was satisfied, the court determined the procedure for using the land plot at the house in accordance with the ideal shares of the parties in the ownership of the house.

Serezhkin V.A. did not agree with the court’s decision; in his appeal, he asked the court’s decision to be overturned, as it was decided in violation of the norms of substantive and procedural law.

Having checked the legality and validity of the appealed court decision within the limits of the arguments of the appeal, having studied the case materials, having listened to the opinions of the persons who appeared, and having discussed the arguments of the complaint, the judicial panel comes to the conclusion that the court decision regarding the determination of the procedure for using the land plot has been cancelled, on the following grounds:

How to determine the procedure for using a land plot

When determining the procedure for using a land plot, the boundaries of the property rights of its co-owners are determined. The procedure for use is a universal tool for regulating legal relations, regardless of the type of right to a land plot, be it ownership or lifelong possession based on the principle of inheritance.

A special feature of the subject of the dispute is the indivisibility of the land plot. In case of shared ownership, the shares of each owner in the right to the land plot are taken into account, and not the size of the shares of the land plot, measured in square meters.

How to resolve the situation when determining the procedure for using a land plot, and what needs to be done so that you can freely use the land plot within the framework of the due share - we will consider in more detail in our article.

How to determine the procedure for using a land plot?

When answering the question posed, it is first necessary to refer to the norm of civil legislation in the field of shared ownership - Art. 247 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

The use of a land plot is carried out on the basis of the right of shared ownership, thus, the right of use is limited exclusively to the boundaries of the designated shares, and the issue of disposing of property in relation to one’s specific share remains at the discretion of the owner of this share (Article 246 of the Civil Code of the Russian Federation).

The rules regarding the issue of shared ownership apply to all types of property, which presupposes a uniform approach in determining the procedure for using both residential premises and land.

A different approach to resolving the issue is with perpetual use.

If a building is built within the land plot, then when the rights to it are transferred, the right to use the land plot located under this building is automatically transferred.

The size of the shares in the right of use corresponds to the shares in the ownership of the building. A similar conclusion can be reached based on the provisions of Art. 35 of the Land Code of the Russian Federation.

An additional criterion affecting the determination of the share may be the established procedure for use between the parties to the dispute. The change of one of the owners through the purchase and sale of his share may serve as a separate cause of dispute if the new participant in the legal relationship does not accept the established procedure. In any case, such an order must correspond to the balance of interests of the parties to the dispute.

Civil law initially insists on the right of the parties to voluntarily resolve a dispute about the scope of use in the form of an agreement.

In this case, the determination of the procedure for use can be made solely on the basis of a court decision.

How to file a claim

A statement of claim to determine the order of use of a land plot will be considered by a magistrate, since it is he who has jurisdiction over cases of determining the order of use in relation to any property (Article 23 of the Code of Civil Procedure of the Russian Federation).

In court, it is necessary to prove the validity of one’s property legal claims in relation to the share due by law in the right to a land plot, on the basis of which the court will have to determine the procedure for its use.

Sample application

To apply, you can use the prepared general form and fill it out.

The form is available for downloading and viewing.

Download a sample application to determine the procedure for using a land plot (.docx)

When drawing up a statement of claim, the following requirements of Art. 131, art. 132 of the Civil Procedure Code:

• the claim must contain details of the court;
• information about the plaintiff and defendant, interested parties (the circle of persons who own the property right to use the land property);
• the subject of the dispute is the determination of the limits of the rights of the parties to the dispute;
• the descriptive part of the claim must contain legal facts and events indicating a violation of the order of use in relation to the land plot, or the impossibility of determining such an order and attempts to voluntarily resolve the dispute;
• the plaintiff must indicate to the court the corresponding requirement - to determine the procedure for use;
• list of documents attached to the statement of claim to confirm the existence of the right (share in the right);
• receipt of payment of mandatory state duty;
• copies of the number of persons participating in the case are attached to the application. It is the responsibility of the court to send copies to the parties.

When determining the procedure for use of a land plot, the court does not take into account the expiration of the limitation period.

Based on the results of the consideration of the case, a court decision is made, by virtue of which none of the other owners can claim a different procedure for use. The procedure for determining the procedure for using a land plot requires an integrated approach due to the complex subject of legal relations, or more precisely, the regime for using the object in terms of the variety of types of property rights.

The interested party has the right to resolve the dispute by concluding an agreement in any form, otherwise, the assistance of a lawyer is required to draw up a statement of claim and consider the case in court.

The category of cases regarding property rights to land is distinguished by its complexity and involves lengthy legal proceedings.

The complexity of the case, the amount of time spent, the qualifications and experience of the lawyer - all can affect the amount of remuneration for the work done by the lawyer. Objective factors influencing the cost of services include the region where they are provided.

Moscow and other large cities in our country, due to the high standard of living of the working population, set higher prices for similar work compared to the regions.

We are ready to provide a full range of consulting services regarding the use of land plots. Regardless of the region where the subject of the dispute is located and its parties, our experienced specialists will provide informative legal support taking into account current legislation.

Law Office. How to defend your part of the land in a dispute with relatives? — Brest newspaper

After the death of our parents, my sister and I inherited a plot of land and a residential building located on it - each with a 1/2 share in the ownership of this property.

I live in this house with my family, and until now I have used the entire plot of land. My sister does not live in the house, but recently announced her intention to plant a vegetable garden.

We cannot agree with her on what part of the land each of us will use. How can we resolve our land dispute? (Leonid, Brest)

Nikolai Nadzorov, lawyer of the legal consultation in the Leninsky district of Brest, answers:

According to Part 2 of Art. 12 of the Code of the Republic of Belarus on Land, a land plot may belong by the right of common (shared or joint) ownership to several owners.

Disputes between participants in joint home ownership about the procedure for owning and using a land plot, in accordance with Part 2 of Art. 92 of the Code of the Republic of Belarus on Land are resolved in court.

When resolving disputes about the procedure for owning and using a land plot, it is necessary to take into account the provisions of Art. 10 clauses 1, 2 of the Code of the Republic of Belarus on Land, according to which land plots can be divisible and indivisible.

A divisible land plot is one that can be divided into parts, each of which, after division, forms a new land plot and this will not lead to a violation of town planning regulations, environmental requirements, fire safety, sanitary, construction and other norms and rules. In other cases, the land plot is recognized as indivisible.

The procedure for using the land plot on which permanent structures (buildings, structures) are located, which are in the common shared ownership of citizens, is carried out in proportion to their shares in the ownership of these structures (buildings, structures) (Part 9 of Article 69 of the Land Code of the Republic of Belarus) . Taking into account the principle of the unity of fate of the land plot and the building located on it, the part of the land plot allocated to the owner of the building, as a rule, should be adjacent to his part of the house.

A common yard is allocated for the use of building owners only if the possibility of creating separate passages (driveways) to the buildings belonging to each of the owners is excluded.

If, as a result of determining the procedure for using a land plot, outbuildings, structures and plantings belonging to one owner of the building end up on that part of the land plot that is designated for the use of another owner, the court must discuss the issue of the possibility of moving outbuildings, structures, and plantings.

If it is technically impossible to carry out such a transfer, the court should discuss the possibility of their demolition or payment of monetary compensation to the owner of the demolished structure.

Disputes about the procedure for using land plots

Do you need to establish a procedure for using a land plot? Do you have a dispute about the procedure for using a land plot?

We will help you collect and draw up the necessary documentation. We will study all the circumstances of the case. We will represent your interests in authorities and court.

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Determining the procedure for using a land plot is often necessary when the land plot is owned by several persons. We usually talk about common and shared ownership.

Under such circumstances, the need arises for the so-called “ separate ” use of land by co-owners. Most often it arises due to personal reasons (conflicts, divorces, cohabitation, inheritance).

The need to determine the procedure for using land also arises due to a change in the shares in the ownership of the building located on it, or in the case of dishonesty of the owners who prevent each other from using the corresponding share of the land plot.

Of course, if there is a real possibility of dividing a land plot in kind ( allocation of shares ), the conflicting parties come to such a solution to the problem, but in general such cases are isolated. And the procedure for allocating a “living” share is not cheap and takes a long time.

• Therefore, you can avoid the allocation of shares of a land plot in kind by turning to the procedure for determining the procedure for using a land plot .
• When determining the procedure for using a land plot, the following are established :
• · Area of ​​land required for use;
• · Exact boundaries of the land plot ;

· Right of passage, passage, use by other persons, etc.

A person who wishes to secure the right to use a certain part of a land plot has the right to demand this in a part that is proportional  his  share in the ownership of the land.

In practice, there are exceptions it is impossible to transfer for use exactly that part of the land that exactly corresponds to the share (for example, in the case of a complex configuration of the land plot).

In such cases, the disproportionality of the division is eliminated by payment of appropriate monetary compensation , which is calculated as the amount of rent for the area of ​​a similar plot of land. Compensation is paid by the co-owner, usually monthly .

An important point in resolving the issue of the procedure for using a land plot is that it is possible to determine the procedure for using a land plot only if there is free entry/exit to public lands by all co-owners of the land plot. That is, everyone should have their own exit “to the street”.

1. In practice, this is quite difficult to do , since usually on the site there is a common residential building and separate buildings in the form of utility buildings, showers, restrooms, etc.
2. Therefore, when determining the procedure for use, individual parts of a land plot are often transferred to the joint use of the parties for the convenience of travel, access to buildings and outbuildings, etc.
3. At the end of the procedure, we recommend that you carry out land surveying of the newly formed land plots, which are part of the main one, in order to accurately fix the boundaries of possible land use.

For information on how to correctly carry out the land surveying procedure, see the article “Disputes during land surveying.”

In general, such a procedure is possible both in court and out of court. However, this can be done outside of court only with the unconditional consent of all co-owners (co-users) of the land plot.

Such an agreement can be secured by an agreement on the procedure for use, which will contain information about all owners, the size of their shares, as well as a list of conditions under which this agreement was reached.

As a rule, such an agreement does not require mandatory notarization, but everything depends on the desire of the co-owners. Failure to comply with the agreement is subject to appeal in court.

• If it is impossible to agree on the procedure for using a site without going to court, then it should immediately be noted that conducting a forensic land survey is a mandatory element of the trial.
• It is the examination that will allow the co-owners to determine possible options for the use of the land plot and will help to come to an agreed solution to the problem.
• Practice shows that the court, when considering the issue of the procedure for using a land plot, mainly relies on an expert opinion, in which the appraiser gives possible options for the procedure for determining the land plot.
• Therefore, it is in your interests to carefully select an expert organization.
• If a client contacts us with a question about the procedure for determining the use of a land plot, then we undertake the selection of an expert and expert organization, as well as control of their work.
• We cooperate only with such expert organizations that help us win lawsuits, because our task as lawyers is to select highly qualified appraisers for our clients who will prepare a high-quality expert opinion that complies with legal norms.

Determining the procedure for using a land plot belongs to a complex category of judicial disputes. Just carrying out the examination will cost you considerable financial costs and time losses, so the recommendation - to reach an agreement without court - does not lose its force.

However, if it is still not possible to reach an agreement, then the lawyers of the DF , having extensive experience in resolving disputes related to determining the procedure for using a land plot, will help you protect your rights and will do it quickly and efficiently.

How to determine the procedure for using a land plot • lawyers and advocates Krasnodar - ROMANOVA

The need to determine the procedure for using a land plot arises in cases of establishing a regime of shared ownership of a real estate object located on this land plot, or of the plot itself.

The concept of property, which is a complex of rights, in the legal sense includes the right to use. Actually, this right of use is a consumer realization of property rights.

If we are talking about a plot of land, then any owner sets certain goals for its use, depending on the intended purpose of the land plot: build a house, grow a garden, arrange a pasture, plant a vegetable garden, etc.

Such a property regime is established, for example, in the order of inheritance by law in cases where the deceased at the time of death had two heirs.

Having received ownership of one second share in a building and a land plot, respectively, the owners are faced with the question of where the share of each of them is located. How to divide a house consisting, for example, of three rooms and a kitchen, how to divide the courtyard part of the land, and how to divide the garden, etc.

In practice, such issues cause disagreements among owners, which, if not resolved, lead to a legal dispute.

This situation is resolved by determining the procedure for using joint property, which is achieved according to the general rules established by current legislation.

First of all, the law establishes that the use and disposal of property in shared ownership is carried out by agreement between all participants.

Reaching an agreement on the use of a land plot (as well as buildings) depends on many conditions, incl. consumer and physical characteristics of real estate. Personal relationships between the parties and such an important fact as the established procedure for using the land also play a role.

The established procedure for using land

In those cases where for years the co-owners of a land plot used it in the order they had determined, although not established by any document (it just happened that way), and everyone was happy with everything, we are talking about the established order of use. This order can be disrupted by a change of one of the co-owners.

For various reasons, a new co-owner may not be satisfied with this procedure of use that has developed over the years. For example, one of the two co-owners parks his car under the window of the living room or unloaded construction materials in a part of the yard used for children’s games, etc.

As a result of such a legal dispute, it is not always possible to consolidate the previously existing order of use, since the court, when making a decision, will proceed from the principle of respecting the interests of all co-owners and the opinions of experts, in some cases.

Expert opinion in a legal dispute

Since the land plot has its own “history”, i.e. permanent and temporary buildings have been erected on it, there are fences and plantings, in practice it is difficult to divide this land plot while maintaining equality of shares of the owners.

In most cases, the ideal share secured by title documents does not correspond to the real share (that part of the land that is in use). An expert opinion from a cadastral engineer helps to find a balance in this ratio.

To file a claim in court in a land dispute about dividing a land plot or determining the procedure for using it, an expert opinion is required.

An expert’s opinion on a land dispute allows the court to make the right decision, since it provides an analysis of all possible options for realizing the rights of owners and identifies the most acceptable one.

Statement of claim to the court regarding a land dispute

In the statement of claim to the court, the plaintiff formulates and proposes his option for using the land plot and substantiates its feasibility.

When preparing a statement of claim to the court to determine the procedure for using a land plot, there is no need to refer to the expert’s opinion, because its evidentiary value will be much lower than the expert’s opinion given in the framework of the legal process initiated on this claim.

In any case, determining the procedure for using a land plot in court belongs to a complex category of disputes. Complex, and expensive, and it is always better for the parties to reach an agreement without a legal dispute.

Agreement on the procedure for using the land plot

Any agreement between co-owners on the procedure for using a land plot, reached within the framework of the law, can be secured by an agreement on the procedure for use.

Such an agreement must contain information about all owners, the size of their shares, with reference to the title documents, and the actual list of conditions on which an agreement has been reached. The signatures of the parties to the agreement, as well as the date of its conclusion, are required.

Such an agreement to determine the procedure for using a land plot does not require notarization by law, however, at the request of the parties, it can take this form.

The validity period of such an agreement is long-term and is limited by the change of one of the co-owners, who can always recognize it as violating his will and rights and cancel it. For the owners who signed it, it is binding.

Prices for the services of lawyers and advocates depend on the tasks.

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Division and determination of the procedure for using land plots

The resolution of disputes regarding the determination of the procedure for using a common land plot concerns the interests of all co-owners, therefore the study is carried out taking into account the interests of all co-owners.

When developing options for the procedure for using a land plot between co-owners, our experts are guided by the size of the shares (ideal shares) in the common ownership of the building (household).

In cases where the procedure for using the land plot , or it was specified in the purchase and sale agreement, will or in a court ruling, and the appointment of the examination indicates the need to take this circumstance into account, then the determination of the procedure for using the land plot is carried out taking into account the order of use that has developed or is specified in the contract. In this case, it is possible that the areas of land plots will not be equal to the ideal shares of the co-owners. However, the provision of passages and passages to buildings located on the land plot is developed by an expert in accordance with current regulatory requirements.

An increase by one of the co-owners of his share in the common ownership of real estate through an extension, reconstruction, superstructure, as a result of which the usable area of ​​a residential building has increased, is not a basis for increasing the land plot that is in his use, since such an increase can significantly change the interests of others co-owners.

A change in the ratio of shares in the ownership of a home for all its co-owners as a result of the alienation of a part through purchase, sale, exchange, donation, inheritance, the procedure for using a common land plot can be changed in compliance with the requirements of the Land Code of the Russian Federation.

If, as a result of the above-mentioned legal actions, there was a change in the shares in the ownership of the building not of all co-owners, but only of several of them, the procedure for using the land plot can be determined anew only between these co-owners, without changing the procedure for using the land plot of those co-owners whose share remained unchanged.

Unauthorized buildings and structures do not interfere with the development of options for the use of land , in accordance with current legislation.

Determining the procedure for using a land plot - advice from lawyers and lawyers IQLaw

One of the common categories of civil proceedings is the determination of the procedure for using a land plot.

Interested persons with any type of right to use the plot can appeal to justice, and there are no restrictions on the size of the disputed plot.

Conflict situations that cannot be resolved pre-trial are considered in courts of global jurisdiction. The court decision rendered at the end of the process becomes binding on the parties to the dispute.

Provisions for determining the order of use

According to Federal Law No. 51 (as amended on August 3, 2018), the use of property in shared ownership is determined taking into account the rights of all interested parties.

In the absence of a settlement agreement, the procedure for use is determined by the court. The issue is also regulated by Art. 247 of the Civil Code of the Russian Federation, which determines the procedure for joint use of common property.

At first glance, the situation is quite transparent and the land plot is easily divided according to the number of shared owners.

Land division in nature is extremely complicated by additional points:

• the house and outbuildings may be located in such a way that it is difficult to divide the land. For example, a household is located in the corner of a plot, several owners use it, having independent entrances and living spaces. How to divide land free from buildings if access for one or more owners will be difficult or limited;
• land surveying has not been carried out and there are no boundaries of the land object. Before the legal determination of rights, it is necessary to undergo cadastral measures and register the land plot. Without a cadastral passport, they will not consider the claim, the application will remain without progress. The presence of a postal address is not a basis; boundaries with neighboring plots must be agreed upon;
• The size of the shared ownership of each owner must be established, the allocation of the share must also be made in court or a notarial agreement must be drawn up. The information is confirmed by an extract from the Unified State Register of Real Estate, which lists the owners and the corresponding share of the disputed land plot.

Other, no less complex questions and claims may arise when establishing the procedure for joint use of real estate. As a rule, the determination of the order is made simultaneously with the division of joint homeownership. A later appeal in this dispute is typical when circumstances change, one or more owners change, or a settlement agreement is violated.

Before entering into a legal dispute regarding the procedure for use, you should draw up and have a state-issued document: a certificate or extract from the Unified State Register of Real Estate.

An extremely important characteristic of the right is: based on actual use or shared ownership. The situation must be resolved before registering the property with Rosreestr.

Changing information later will require significant time and material costs.

When to go to court

You can file a claim in cases where pre-trial settlement of the dispute has not brought the desired results. The plaintiff is the party whose interests were violated; the defendant can be one or more joint owners of the land plot. The basis for applying to determine the further procedure is the completed claim work.

In other words, the plaintiff must notify the opposing party of his claims and subsequent legal proceedings. You have 30 days to respond, after which you can go to court.

The notification is sent by official mail. If the parties have reached a compromise, then it is possible to draw up an agreement to determine the points affecting the parties.

Quite often, land use disputes are related to share conflicts. According to existing rules, consideration of the issue is carried out taking into account the initially constructed household. Extensions and expansion of living space by one of the shared owners will not increase the size of the land plot owned by him.

Judicial determination

Following judicial practice and Article 82 of the APC, cadastral work is again carried out on a divided plot with several owners. The boundaries of the division can be determined by an independent land survey, which is appointed by the judge in the case. When considering land disputes, the following objective circumstances are taken into account (Article 36 of the Land Code of the Russian Federation):

• actual land use existing at the time of the dispute;
• shared ownership by each party;
• recommendations of the cadastral and expert organization on the optimal determination of internal boundaries;
• requirements of urban planning legislation and the Land Code of the Russian Federation;
• relationships between the parties, the presence of family relationships, considerations of reasonableness.

The boundaries of the newly defined contours of land plots become the basis for the division of real estate. Co-owners have the right to assign unique cadastral numbers to two or more allocated parts.

Instead of one, you will get several plots, but the issue cannot be resolved if disputes arise regarding home ownership.

Another option is possible: the land under the house remains in shared ownership, the remaining area is divided in kind and the boundaries of use are established by law.

Each specific situation requires an individual approach. Partition and determination are not always related to civil conflict. For example, you need to allocate a share and sell (bequeath, donate) property, that is, dispose of your personal property. When assigning land use rules, the necessary conditions must be taken into account.

1. Each owner should have the opportunity to move to their plot from common areas.
2. Public areas are approved, obstructing them is considered illegal.
3. Sometimes the owner has several dedicated contours on a common plot. Access between them must be ensured using common areas.
4. The presence of a single entrance simplifies the determination, since the total area is established around the house within acceptable boundaries, for example, 1-2 meters.
5. Common areas are deducted from the shared allotment and belong to all participants. For example, the land under the house belongs to everyone, taking into account shared ownership.
6. Not having to establish the contours of personal ownership makes it much easier to define rights. The division is much simpler and is carried out according to the size of the shares.

The list can be expanded to make it possible to objectively establish the rights of the parties. The court case is competitive in nature, the parties have the opportunity to express their points of view and support their words with weighty arguments.

In practice, both parties provide the court with pre-trial independent expertise to determine the boundaries of their possessions.

The court considers both expert reports and may order an additional forensic examination; it is also possible to involve the experts who issued the opinion as witnesses in the case.

You can file an appeal against the decision of the primary court before it enters into force, that is, within 30 days. The decision of the magistrate court is appealed to the district (city) instance.

Registration in Rosreestr of the received judicial determination of joint use is not required.

Drawing up a lawsuit

The interested party submits a statement of claim to the magistrate's court at the location of the land plot. The claim is written in any form, but the required details must be present and the motivation must be indicated. The procedural document must contain verified factual information, be supported by references to legislative acts and not have blots, strikeouts, or corrections.

The outcome of the consideration largely depends on the legal literacy of the statement of claim. The plaintiff’s arguments must be justified and understandable to the court, otherwise the claim will be returned for revision or left without progress.

Contents of the claim:

• name of the court, postal address;
• passport details of the plaintiff and defendant in the case;
• the essence of the dispute and a brief description of the situation;
• the plaintiff’s requests, supported by legal norms;
• list of attached documents.

The pleading part of the claim is a draft of the effective part of the judgment on which the applicant relies. After the claim is accepted, the defendant is notified of the opening of the process and can prepare and fully protect his interests. The wider the evidence base is formed and presented, the more justified the conclusions of the proceedings will be.

Required documents for the claim

1. Documents (certificate or USRN extract) for part of the house and land.
2. Technical plan for capital structures.
3. Land surveying, cadastral passport of the land plot.
4. Inventory to determine the order of existing use.

5. Independent expert report on the possible order of division.
6. Other documents, including claim correspondence.
7. Payment document for repayment of state duty (300 rubles).

It should be noted that the costs of the examination are paid by the plaintiff.

The expert must answer the question: what are the possible patterns of land use by co-owners. The court selects the best option from those presented by the expert examination and substantiates its conclusions with references to the legislation.

If the decision is positive, the costs, including legal and expert fees, are paid by the defendant who lost the case.

Land status

The issue of use largely depends on the legal status of the property. If a controversial situation affects several owners, then use is calculated depending on the size of the shares.

With two owners, it is possible to establish rules taking into account the actual circumstances. According to Art.

35 of the Land Code of the Russian Federation, the resolution of legal disputes over land plots allows for two forms of resolution: based on fact and shares.

Established rules for the use of land, supported by agreements and understandings of the parties, have legal significance.

In other words, if there is a written agreement between the co-owners, then it requires execution, like any bilateral contract.

The change of one of the owners requires a new decision and consolidation of the agreement, since the ongoing relationship ceased along with the assignment of the right.

When leasing a long-term lease, registering an easement and other actions with shared ownership, you will need to indicate existing agreements or a court order. The presence of restrictions and debts on the property will not allow it to undergo judicial review. Initially, you will have to pay off debts and resolve existing financial encumbrances, then turn to the magistrate’s court.

If it is impossible to allocate a share in kind and become an independent owner, you will have to negotiate among yourself or turn to justice.

The resulting resolution will become the basis for further joint use of the land plot.

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Answers to the most frequently asked questions

On determining the procedure for using a land plot

• Having considered a citizen’s appeal on the issue of determining the procedure for using a land plot provided in shares to him and his sister (hereinafter referred to as co-owners) on the right of lifelong inheritable ownership for the construction and maintenance of a residential building (hereinafter referred to as the disputed land plot), the land management service of the Gomel Regional Executive Committee (hereinafter referred to as the service regional executive committee) reports the following.
• In accordance with Article 69 of the Land Code of the Republic of Belarus, land users of an indivisible land plot on which capital structures (buildings, structures) are located, which are in their common shared ownership, exercise rights to the land plot in proportion to their shares in the ownership of capital structures (buildings, structures).
• Due to the fact that the residential building is owned by the co-owners in common shared ownership of 2/3 and 1/3 shares, respectively, by decision of the local executive committee, the disputed land plot was allocated to them in proportion to their shares in the ownership of the building.
• However, based on the applications of the co-owners to provide them with ½ share of the disputed land plot, the shares in the right of lifelong inheritable ownership of the specified land plot were redistributed according to actual use.
• The rights to the disputed land plot are registered in the unified state register of real estate rights to it and transactions with it based on a decision of the local executive committee. 

In accordance with Article 8 of the Law of the Republic of Belarus dated July 22, 2002.

No. 133-Z “On state registration of real estate, rights to it and transactions with it” state registration of the emergence, transition, termination of a right or restriction (encumbrance) of a right to real estate, in the case under consideration, state registration of the right to lifelong inheritable possession, may be recognized invalid only in court.

We further inform you that in accordance with Article 250 of the Civil Code of the Republic of Belarus, 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.

In accordance with Decree of the President of the Republic of Belarus dated December 27, 2007 No. 667 “On the withdrawal and provision of land plots”, the division of land plots provided for the construction and (or) maintenance of single-apartment, blocked residential buildings is not allowed, with the exception of cases related to the division these houses.

Thus, the local executive committee does not have the right to divide the land plot with the establishment of division boundaries on the ground until the co-owners divide the residential building into apartments in a blocked residential building (a blocked residential building is a residential building consisting of two or more apartments, the entrance to each of which is organized directly from the adjacent territory) and will not apply for the provision of a plot of land to service an apartment in a blocked residential building.

Additionally, we inform you that in accordance with Article 92 of the Land Code of the Republic of Belarus, land disputes between persons who have capital structures (buildings, structures) in common ownership are resolved in court.

Update date: 13.01.2017