Agreement on shares of land - 518 advice from lawyers and lawyers

Agreement on the division of land between owners

It is not difficult to draw up an agreement on the division of a land plot between the owners. But the preparatory work takes time, requires effort and financial investment. Of course, you can entrust such work to a third party and issue him the appropriate power of attorney. Even in this case, you need to understand how much work remains before the official division of the land plot, and what legal consequences it entails.

If, during and after reading the information below, you still have questions, please use the help of a lawyer on our website.

Agreement on the division of land between owners (17.5 KiB, 2,100 hits)

Redistribution of shares in the right of common shared ownership

Practice shows that usually a private house and plot are owned by several people, not just one. Such real estate is registered in common shared ownership - for example, simultaneously for parents and children. The shares are distributed in different ways - in the same or in different proportions. Over time, shareholders may intend to change the size of their shares. In this case, they will need to draw up an agreement on the redistribution of shares in the common shared property .

This is important to know: Share in the ownership of an apartment if there is one owner

An example of an agreement on the division of a land plot between owners

Biysk, Altai Territory April 16, 2020

Vasilenko Irina Vladimirovna, born 06/01/1978, passport of a citizen of the Russian Federation series 19 87 No. 4987255, issued 06/09/2007 TOM of the Sovetsky district of Biysk, Altai Territory, registered at the address: Russia, Altai Territory, Biysk, st. Privokzalnaya, 11, hereinafter referred to as “Side 1”, on the one hand, and

Vasilenko Valery Stepanovich, born 10/02/1976, passport of a citizen of the Russian Federation series 98 28 No. 498956, issued on 07/15/2012 by the Federal Migration Service of Russia in Moscow, registered at the address: Russia, Altai Territory, Barnaul, st. Popova, 157, apt. 2, hereinafter referred to as "Side 2", on the other hand,

collectively referred to as the “Parties”, who are participants in common shared ownership of a land plot with cadastral number 22:41:24436:14, located at the address: Russia, Altai Territory, Biysk, st. Privokzalnaya, 11, with a total area of 136 sq. m., land category: “land of settlements”, purpose “for individual housing construction”, we have entered into this agreement as follows:

1. In order to terminate the right of common shared ownership of a land plot with cadastral number 22:41:24436:14, located at the address: Russia, Altai Territory, Biysk, st. Privokzalnaya, 11, with a total area of 136 sq. m., category of land: “land of settlements”, purpose “for individual housing construction”, the Parties agreed to divide the land plot in proportion to their shares in the right of common shared ownership.
At the time of signing this agreement, Party 1 owns ½ share in the right of common shared ownership of the land plot specified in clause 1, which is confirmed by the Certificate of Registration of Ownership Series AB No. 587646 dated May 10, 2005.

Party 2 owns ½ share in the right of common shared ownership of the land plot specified in clause 1, which is confirmed by the Certificate of Registration of Ownership Series AB No. 587646 dated May 10, 2005.

As a result of the division of the land plot, new land plots are formed, and the land plot specified in clause 1 of this agreement ceases to exist.
Party 1 acquires ownership of a land plot of 68 square meters. m, the boundaries of which are established in the cadastral passport of the land plot, which is an integral part of this agreement.
Party 2 acquires ownership of a land plot of 68 square meters. m, the boundaries of which are established in the cadastral passport of the land plot, which is an integral part of this agreement.
The ownership of the land plot of each Party arises after state registration in the manner prescribed by law.
The Parties shall bear the costs of state registration of the land plot owned by them in accordance with the terms of this agreement independently.
This agreement comes into force from the moment of its signing, drawn up in 3 copies having equal legal force, 1 for each of the Parties, 1 - to the Rosreestr Office for the Altai Territory.
Signatures of the parties

Vasilenko I.V. Vasilenko V.S.

Agreement on determining shares

“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (ed.

from 07/29/2019) (with amendments and additions)

entry in force from 06.08.2019) 2.

An agreement by all participants in shared ownership may establish a procedure for determining and changing their shares depending on the contribution of each of them to the formation and growth of common property. A Guide to Corporate Litigation.

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An agreement to determine shares is an agreement concluded between two or more persons who have any property in common joint ownership. As a rule, an agreement to determine shares is concluded in relation to a real estate object (apartment, residential building, land plot).

The determination agreement is aimed at voluntarily regulating property relations between owners of common joint property.

Why do you need an agreement on the division of a land plot between the owners?

A land plot, like any other piece of real estate, can be owned personally (individually), jointly (spousal property), or shared (when dividing property or initially acquiring a share in the ownership).

The division of a land plot owned by one person is carried out at the sole request of such owner. Only he will have ownership rights to the new plots, and in the future he will be able to sell them, donate them, mortgage them, lease them and carry out other administrative actions.

A land plot that is in common ownership (joint or shared) is divided by agreement of all co-owners. Or by court decision. Moreover, the participants in the common joint property will first have to carry out a division and determine the shares.

Which land plot is subject to division?

Land can be divided between owners if the following conditions are met:

the plot is divisible, is not leased and is not subject to a public easement;
newly created plots must have at least the minimum size established for plots of this category;
new areas must retain their intended purpose;
access to newly created land plots should not be limited.

In addition, the land should not be subject to arrests, bans or other restrictions.

For example, the Federal Law “On Farming” limits the division of land plots of farms.

Preliminary procedures

Make sure the partition option is available. Newly created plots must comply in size and purpose with the requirements of the law (urban planning, land, civil legislation). Minimum and maximum dimensions can be obtained from the authorities in the field of architecture and construction.

Check whether the boundaries have been established and whether the cadastral registration of the original land plot has been completed. If not, first put in order the documents with the land plot to be divided.

Minimum territory size

When planning the division of a land plot in kind, it is important to remember the restrictions established by local authorities. It is necessary to observe the minimum possible size of the area of the formed areas, determined by the regions independently.

The standards vary by region, for example, for residents of the Moscow region, the minimum sizes of plots transferred into ownership are:

2 ha	For farming and farming.
0.06 ha	For garden and country plots.
0.04 ha	For gardening.

Contents of the agreement on the division of land between owners

One of the mandatory elements of land plot formation is carrying out boundary work. The owner turns to a cadastral engineer who registers new real estate properties. Already at this stage, the specialist will request a written agreement from all co-owners.

The division agreement specifies:

date and place of compilation;

Full name, passport details of all co-owners;

cadastral number, address, purpose of the original land plot;

confirmation of the fact of reaching agreement on the division and how it is carried out (in accordance with shares, based on cadastral passports)

bearing costs by the parties;

signatures of the parties.

Form of agreement on the division of land between owners

Currently, the agreement on the division of the plot is not subject to notarization. But it is required to undergo state cadastral registration and registration. Pay the state fee and receive new statements of ownership.

Moreover, as a general rule, if the agreement on the division of a land plot does not directly indicate the fact of termination of the right of common joint or shared ownership, the new plots also become common property.

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Throughout family life, a husband and wife often acquire land - a summer cottage, a garden, a vegetable garden, land for building a residential building. During the divorce process, the question of land division inevitably arises.

What documentation will you need to provide?

After the agreement is drawn up and certified by an employee of the notary agency, the participants in the procedure contact Rosreestr or the MFC for further registration of the document.

Employees of these bodies will need to provide the following package of documentation:

agreement on the redistribution of shares of an apartment, land plot and other property in the required number of copies of the document;
civil passports from each person who applied;
if a trusted person is involved in the transaction, he will need to provide a photocopy of his passport and a power of attorney;
title documentation for real estate;
additional documents that are necessary in a specific situation (certificates of benefits, parental permissions, permission from guardianship officials).

Co-owners are required to pay a state fee for changes in ownership. To register a share of a residential building, you will need to pay 2 thousand rubles. A land plot for individual housing construction or private household plots requires payment of a state duty in the amount of 350 rubles.

Finally, registering an agricultural plot costs only 100 rubles.

Additionally, you will need to pay for the services of a notary agency employee. On average, services for certifying an agreement will cost 0.5% of the share price - from 300 to 20 thousand rubles.

Also, depending on the specific region, prices for technical and legal services of a given employee are set - from approximately 500 to 3 thousand rubles.

Land plot: divided or not divided?

The Land Code of the Russian Federation defines a land plot as a part of the earth's surface with established boundaries. The boundaries of land plots are established by specialized bodies in accordance with land legislation. The plots are described, individualized, given a special cadastral number, and entered into the unified Land Cadastre.

Land plots are divided into...

divisible - those whose dimensions correspond to the minimum standard for a site for a specific purpose within a specific region of the Russian Federation;

indivisible - those that do not comply with the above standards, which means they cannot be registered in the cadastral register.

A plot can only be divided if it is divisible. According to Article 1182 of the Civil Code of the Russian Federation, when dividing a divisible plot, new plots must be formed that meet the standards for a plot of a certain purpose.

As mentioned above, the standards differ depending on the region of the Russian Federation. For example, residents of the Moscow region are provided with ownership of plots of the following minimum sizes:

for peasant and farm enterprises - 2 hectares;

for garden and summer cottage plots - 0.06 hectares;

for a vegetable garden – 0.04 hectares.

If the spouses have a divisible land plot in joint ownership that complies with the above standards, there should be no difficulties in dividing it.

In addition, there are other conditions for the division of land:

the land plot must be divisible;

secondary land plots must be no less than the minimum size established by self-government bodies in a certain region of the Russian Federation;

secondary land plots must retain the designated purpose category;

there should be no prohibitions and restrictions imposed on the land by law. For example, according to the Federal Law “On Farming” it is prohibited to divide land intended for farming. Land that is seized cannot be divided;

Secondary land plots must have free access, otherwise division is also impossible.

In this case, the spouses may come to the following:

leave the land to one spouse, and pay the second spouse a monetary compensation equal to half the value of the land;

sell the land and divide the proceeds;

leave the land in joint ownership and determine the procedure for use.

Divisible and indivisible plot

The concept of a land plot is defined in the Land Code of the Russian Federation. This is a part of the earth's surface, the boundaries of which are established in accordance with regulations. The boundaries of the plots are established by specialized organizations. They describe, individualize, assign cadastral numbers, which are entered into the Unified Land Cadastre.

Land plots are:

divisible
indivisible.

The Land Code does not have a clear concept of what a “divisible” or “indivisible” plot is.

Analyzing the legal norms of civil and land legislation, we can conclude:

A divisible plot can be divided into several independent parts, with each of them forming an independent plot that can be used without being transferred to land of another category (unless otherwise provided by law).
The division of an indivisible plot will entail violations of the requirements for the newly formed or changed plot.

How is a joint land plot divided?

The division of joint property can be...

In the first case, the spouses carry out the division independently - by drawing up a written document - an agreement. This document is the basis for registering land ownership with the state registration authority. The order of division is left to the discretion of the parties.

In the second case, the division occurs by the court in accordance with the requirements of the law - equally. If the plot is indivisible, the court orders monetary compensation, which the sole owner spouse must pay to the second spouse.

Sample agreement on the division of a land plot between owners

The document in which the husband and wife formulate an agreement regarding the division of joint property is called an Agreement and contains the following information:

information about land owners (full name, residential address);

address of the land plot;

name and number of the land title document

cadastral number and date of registration in the Unified State Register;

information about the voluntary consent of owners to the division of land;

conditions for the division of land: the share of each owner (in percentage or numerical ratio). The emergence of secondary (new) land plots of the appropriate size, the cessation of the existence of a primary land plot of the previous size;

the procedure for incurring expenses for the division of land;

place of conclusion of the Agreement;

Date of signing;

Signatures of the spouses who are co-owners.

You can view a sample agreement below:

The spouses can have the finished document notarized if they wish. After the agreement is concluded, new land plots must be registered with a government agency.

Sample agreement on redistribution of shares in common shared ownership

Town Planning Code of the Russian Federation Construction, reconstruction of capital construction projects, as well as their major repairs, if their implementation affects the structural and other reliability and safety characteristics of such objects, is carried out on the basis of a permit.

But since there are no disagreements between the owners, the registration of the right to an apartment can only be challenged by the person whose rights have been violated. In your case, if there is no violation of rights, you can try to submit for registration without this permission.

The agreement is drawn up according to the template established by law. The document must indicate the sizes of the old shares and the new ones. Employees of the registration authorities will need to show how home owners plan to redistribute shares: specialists must see that the shares, for example, will become the same, will be reduced or increased.

To leave the agreement, shareholders will only need a passport and title documents for the share. This way, the notary will be able to check whether all owners really have the right to receive a larger or smaller share from the other party.

When is land not divided between husband and wife? Ownership

Even if the land plot is divisible and complies with all cadastral norms, this does not mean that it is subject to division between husband and wife. It all depends on who it belongs to. Only if the land is jointly owned can it be divided.

It is a completely different matter if the land was personal property (for example, it was acquired before marriage, privatized, inherited, received as a gift), but increased in value thanks to the investment of funds and efforts of the second spouse during the marriage. Then the second spouse has the right to part of the land plot.

Decision on division of land

According to Article 43 of the Land Code of the Russian Federation, the owner of a land plot has the right to conduct any transactions provided for by law with it at his own discretion. In particular, divide it into several new plots. The reasons for the division can be any: sale, donation, lease of one of the newly formed plots.

After the division procedure and state registration, each of the newly formed land plots will become an independent piece of real estate.

The legislation does not establish a maximum number of new plots that will arise as a result of the division. The only limitation is established by Article 33 of the Land Code of the Russian Federation - the area of newly formed plots should not be less than the minimum area for a land plot for a specific purpose (construction, agriculture, gardening, etc.), as already mentioned above. It should also be noted that the intended purpose after the division will remain the same as it was before the division.

In addition, the division procedure requires proper documentation - in the form of the owner’s decision on the division of the land plot. This document, essentially a one-sided transaction, is a title document and the basis for state registration of ownership of newly formed real estate.

Sample decision of the owner on the division of land 2018

The document includes the following information:

Place;

Date of;

Title of the document – The owner’s decision on the division of the land plot;

Information about the owner (full name, registration address);

Data on the land plot (indicating the cadastral number, address, area, category of land, permission to use);

Decision on the division of a land plot (indicating the cadastral number, address, area, category of land of each new plot - according to the state real estate cadastre);

Data on the presence/absence of restrictions, prohibitions, encumbrances, disputes;

Data on the transfer of ownership of new land plots;

Owner's signature.

You can view the document below:

Conditions and methods of dividing a land plot

If the spouses have a divisible land plot that corresponds in size to the norms of the region, then the division process will not be difficult.

To implement the division, several conditions must be met:

Divisible land plot.
The plots formed from the original one cannot have a size less than that established by the authorities of the subject of the Russian Federation.
Secondary lands must retain their intended purpose.
There cannot be any restrictions or prohibitions on the property. If a plot is seized by bailiffs, it cannot be divided. The law also prohibits dividing farm plots.
The created areas must remain freely accessible.

Without meeting all the above conditions, it is impossible to divide the land.

If the joint property is an indivisible plot, or does not meet the above conditions, the cadastral authority will refuse to supply the formed plots for registration.

When establishing the indivisibility of a plot, owners can do the following:

Leave the property to one of the owners, and compensate the second with money. The amount of compensation must correspond to half the value of the property.
Sell the property and divide the proceeds from the transaction in half.
Do not divide the plot, leaving it in joint use, while defining the order of use.

You can divide joint property:

in a legal way;
voluntarily.

Legal division of a plot involves division based on legal requirements - in equal shares. If the land is indivisible, the court will determine the amount of monetary compensation. The spouse who remains the owner will pay the money to the second spouse. If during the trial it turns out that part of the property was sold or donated by one of the spouses, then the requirement for division is added to the requirement to invalidate the earlier transaction.

Comment from an expertLeonov VictorLawyerAsk a question to an expertThe voluntary division procedure involves drawing up an agreement, which will become the basis for registering the right in Rosreestr. The procedure and conditions of the section are determined by the document. The agreement is made in writing.

Registration of land after partition

To do this, you need to submit a package of the following documents:

Spouses' passports;

Applications for registration of ownership of the allocated share are submitted from each spouse according to the established template;

Marriage or divorce certificate;

Document of title to land (sale and purchase agreement, exchange, privatization, gift, etc.);

Registration document;

Agreement on division of land;

Receipt for payment of state duty.

Applications submitted to the Rosreestr body are considered within 10 working days, after which the spouses receive new registration documents on ownership of the allocated shares of the land plot.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.

All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Features of drawing up an agreement

The document will also need to indicate the nature of the new distribution of shares. The procedure can be paid or gratuitous. In the first case, a purchase and sale agreement for a share of housing or allotment is concluded and the exchange is registered. In the second case, a donation may occur in favor of a specific household member.

Domestic legislation establishes the need for the agreement to be certified by an employee of a notary agency.

It is this specialist who will check whether the transaction really complies with all legal requirements. He will provide a special form and a sample of writing an agreement, check whether each of the participants in the procedure has legal capacity, and explain to the assembled persons their rights, obligations and consequences of concluding an agreement.

As for Rosreestr, employees of this body will only determine the availability of the necessary documents and make appropriate changes to the real estate register. They do not check the legality of the transaction.

Attention! It is not necessary to contact a specialist from a notary agency when housing and land allotment are part of the property of the cooperative. In this situation, the seals and signatures of the chairman, minutes of the meeting of cooperative participants or SNT are required.

Agreement on shared ownership of land sample

agreement on the division of land between owners

(name of locality) (day, month, year in words)

We, gr. _______________________________________ residing at the address: ___________________,

(last name, first name, patronymic in full)

passport series ______________ N ______, issued _ _____________________________________________________,

and gr. _______________________________, residing at: ___________________________________,

(Full Name)

passport series _______________ N ___________, issued ________________________________________________,

being co-owners of a land plot with an area of _______________________ ___________ sq.m.

cadastral number ____________ provided for ____________________________________________,

located at: ________________________________________________, being of sound mind,

in clear memory, acting voluntarily, have entered into this agreement as follows:

1. Gr. _______________________________, residing at the address: ______________________________,

passport series ________________ N __________, issued ________________________________________,

belongs _____ _________________________________________________________________________

(indicate the size of the share in the form of an ordinary or decimal fraction in words (for example: 1/3 (one third))

share in the right of common ownership of the specified land plot on the basis of _________________________________________________________________________________________________

(indicate the name and details of the title document (for example: a contract for the sale and purchase of a share of a land plot dated "_____"__________ 19____, certified by a notary in the city ___________ (last name, first name, patronymic of the notary and register number), registered with the Land Resources Committee and land management of the N district)

which is confirmed by the entry in the Unified State Register of Rights to Real Estate and Transactions with It No. ____ dated __________________________.

(specify date, month, year)

Gr. __________________________________, residing at the address: _______________________________,

passport series ________________ N __________, issued ________________________________________________,

(the size of a fraction in words, for example: 2/5 (two fifths))

share in the right of common ownership of the specified land plot on the basis

(indicate the name and details of the title document (for example: donation agreement from

“______”___________ 19____, certified by a notary of the city _____________ (last name, first name, patronymic

notary and register number), registered with the Committee on Land Resources and Land Management of the city ________ "_____"___________ 19__________)

which is confirmed by an entry in the Unified State Register of Rights to Real Estate and Transactions with It

N ____ from __________________________.

(The title document may also indicate another document on the basis of which a citizen has the right of shared ownership of a land plot : Certificate of inheritance, Court decision (decree) or decision of a state authority or local government, gift agreement, exchange agreement, agreement on determining shares in the right of common ownership. The agreement must fully indicate the details of the document to which you are referring, and data on state registration of the right must be included in the agreement.)

2. In order to terminate common shared ownership of a land plot, the parties agreed to make a real division of the land plot in proportion to their shares in the right of common ownership as follows:

2.1. Gr. _____________________ acquires ownership of part of a land plot with an area of ________ sq.m.

(last name, first name, patronymic) (indicate area in numbers and words)

with cadastral number ___________, according to the plan of the land plot certified by the Committee for

land resources and land management _________________________________________________________________.

2.2. Gr. _________________________ acquires ownership of part of a land plot with an area of sq.m. (last name, first name, patronymic)

______________________________ with cadastral number ___________, according to the land plot plan,

(indicate area in numbers and words)

certified by the Committee on Land Resources and Land Management ________________________________.

(It is possible to add a designation of the allocated part on the general plan of the land plot. In this case, the agreement indicates the points within the boundaries of which the allocated part is located.)

3. The division of the land plot was made in accordance with the boundaries indicated on the plan of the land plot, certified by the Committee on Land Resources and Land Management _____________________________________________________

(indicate the name of the municipality).

4. The parties have no material claims against each other.

(If the division of a common land plot in kind cannot be made in exact accordance with the parties’ shares in the right, the party that received a part of the land plot less than its share in the common property right has the right to receive monetary compensation, which the other party is obliged to pay to it. In this case, the following version of this paragraph is possible:

“Gr. ________________________ during _______________________________________________________

(last name, first name, patronymic) (indicate the number of days or period of time)

undertakes to pay ______________________ ___ sum of money in the amount of ______________________ rub. V

(last name, first name, patronymic) (indicate in numbers and words)

account for repayment of compensation for the disproportionality of the allocated gr. ________________________ in kind (last name, first name, patronymic)

of the land plot to his share.”

5. This agreement comes into force from the moment of its signing and contains the entire scope of relations between

parties with respect to the subject matter of this agreement, cancels and invalidates all other

obligations or representations that may have been accepted or made by the parties, whether oral or

in writing prior to signing this agreement.

6. The specified land plot is not encumbered, not mortgaged, in dispute or under arrest with the rights of third parties

(prohibition) does not consist.

7. There are no restrictions on the use of the land plot.

8. The parties’ shared ownership of the specified land plot is terminated due to the real

division of common property. The ownership right of each party to the allocated in accordance with clause 2

of this agreement, part of the land plot arises from the moment of state registration. registration of rights by the parties in ________________________________________________________________________________________________

(indicate the name of the body carrying out state registration of rights to real estate)

The parties independently bear the costs of state registration of the right to their property after

allocated part of the land plot.

9. The following is attached as an integral part to the agreement:

- plan of a land plot (a common plot of land indicating the boundaries of the section, or two plans for a new

emerging land plots), certified by the Committee on Land Resources and Land Management

(indicate the name of the municipality)

10. The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship and

guardianship, do not suffer from diseases that prevent them from understanding the essence of this agreement, and

there are no circumstances forcing one to enter into this agreement at extremely unfavorable prices for oneself

11. This agreement is drawn up in three copies, one of which is kept in the justice institution

subject of the Russian Federation (registration chamber) and a copy for each of the parties.

Gr. __________________________ Gr. __________________________

(last name, first name, patronymic in full) (last name, first name, patronymic in full)

Download a free sample agreement of owners on the division of a land plot

Lawyer Natalya Leonidovna Yushchenko Lawyer's office No. 323 Chamber of Lawyers of the Moscow Region

Lawyer's office Moscow metro station "Sokol", st. Volokolamskoe highway, 3

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Agreement on determining shares in a land plot (sample) 2020

» Land disputes » Agreement on determining shares in a land plot

Land or other real estate may not belong entirely to the owner, but be an object of shared ownership. The right to a part of a plot arises when land is transferred as part of an inherited property and in the event of privatization.

Each of the participants owns a certain share, and if its size is not specified, then the property is divided equally. You can secure your share through the court, but it is better to enter into an agreement to determine the shares of a plot of land.

Is it necessary to draw up an agreement on determining shares in land?

According to Art. 244 of the Civil Code of the Russian Federation, common property can be shared or joint. “By default,” common property is shared, and it can be joint if it is provided for by law, for example, in the case of acquiring property during marriage.

When owning a plot as a common property, it is assumed that there are several co-owners. The share of each of them can be determined by agreement of the parties (Article 245 of the Civil Code of the Russian Federation).

You can dispose of shared property at your own discretion: draw up a deed of gift for it, make it part of the collateral property, but you must first obtain the consent of all co-shareholders.

If necessary, you can sell a share of the land by offering the property to the remaining owners, but to carry out such operations you must know exactly the size of the plot in the share ratio.

The share of ownership is expressed as a percentage or fraction of the total land area, for example, 15%, ½ or 15/37.

The share of the site can be real - expressed in units of area, specifically designated in kind, or it can be ideal - in the form of a fraction.

Determination of the size of property of joint shareholders is carried out on a voluntary basis or in court.

It is better if the co-owners come to a compromise and determine the shares in percentages or fractions, taking into account the interests of each. The size of the plots is determined if:

The plot was purchased by the spouses during marriage , and they decided to determine the share of each from joint ownership. In such cases, the property is divided equally, and the spouses indicate in the agreement that each is the owner of ½ of the plot.
The land was inherited. According to Art. 1165 of the Civil Code of the Russian Federation, heirs have the right to divide the inheritance transferred to them on the basis of common shared ownership. If relatives (close people) decide to change the shares indicated in the certificate of inheritance, they will still be able to register the right to land in Rosreestr.
It is necessary to allocate a site in nature. This is required for the disposal of land. The owner must clearly know which square meters he can sell, rent, or donate. Allocation is possible if the size of the plot allows it to be divided into objects independent from each other, while the category of land will be preserved and sanitary and technical standards will not be violated. During the division, possible prohibitions from the state and urban zoning rules are taken into account. If allocating a share turns out to be impossible, you can agree on a redistribution of shares or receive monetary compensation in proportion to the existing share.

What does it mean to divide a plot between owners?

This legal operation is regulated by Art. 11.4 Land Code of the Russian Federation. The division of one land zone into several sectors represents a series of activities to carry out preparatory operations, cadastral work and registration actions aimed at formalizing the division of the site.

Plots are considered divided when each area of land territories, after transformation, acquires an independent character, and a single plot, which previously constituted the areas of two new ones, ceases to exist. In this case, the right of common ownership of the formed plots of land passes to the owners of the divided territory.

Without obtaining the approval of all owners of the plot, it is impossible to achieve its legal division. Consent is usually formalized in the form of a division agreement. At the same time, there is another way, which involves obtaining approval for the division of land in court.

Requirements for a plot of land

Before starting the procedure for dividing a plot, you need to make sure that the land can be divided. To do this, the area to be divided into parts must meet the following requirements:

Have permissible maximum and minimum sizes - they are regulated by acts of regional authorities. When determining the size of land, officials are guided by the norms of civil, land and urban planning legislation. Land areas depend on their functional purpose.

The boundaries of land zones should not intersect with the boundaries of settlements and municipalities.

Lands cannot be divided if certain encumbrances are imposed on them that limit the limits of their use.

It is prohibited to carry out division of territories, which may have consequences in the form of the formation of broken borders, mixing of the boundaries of different land plots, or the wedging of one territory into another. The law also warns land owners that the division of land should not become an obstacle to the protection of land and its rational use.

The legislation also prohibits the division of land, which may provoke a change in their category. It is also prohibited to transform zones in cases where such changes entail a violation of urban planning standards.

What needs to be done before dividing land (dachas, private plots, etc.)?

Before contacting the relevant authorities to formalize the division of territories, citizens must take the following actions:

Confirm the availability of papers regulating the boundaries of the original territory to be divided. You should find out whether this area has undergone a land surveying procedure. In cases where the land has not been surveyed or the standard accuracy of determining the boundaries of the zone is lower than that established by law, it is necessary to begin preparations for cadastral work. They will allow you to identify the boundaries of the site with maximum accuracy and determine its total area.

Clarify the location of characteristic points of the original land plot. If their exact location is unknown, the boundaries of the site should be determined.

Conclude an agreement on the division of a land plot, the terms of which must be discussed in advance. The agreement on the division of land must stipulate into which plots the former object is divided and to whom ownership they pass.

What does redistribution of shares in common shared ownership mean?

The essence of the agreement on the redistribution of shares is as follows: initially there is an object of common ownership, that is, several owners own part of an apartment, house or land plot. They may own unequal or equal shares. By mutual agreement, shareholders have the right to change the size of their shares and dispose of them at their own discretion, but with the permission of the others.

A document can be drawn up if the most important condition is met: all parties agree to the redistribution of shares, there are no disputes. Resistance from at least one of the co-owners gives grounds to go to court. The plaintiff will have to justify why he deserves a larger share, and the court may make one of the following decisions:

satisfy the claim and determine the size of shares in accordance with the plaintiff’s requirements;
refuse to satisfy the claim;
award one of the parties payment of monetary compensation towards the cost of the share or part thereof.

This is important to know: Allocation of a share in kind from the common shared ownership in an apartment

The legal process takes a lot of effort and time, so it is better to find a compromise than to make enemies in the form of neighbors.

Preparation for the actual division of the site

Preparations for the actual division of land include a number of activities, including:

obtaining a cadastral extract from the State Real Estate Cadastre for the original plot;
obtaining a cadastral plan of the territory (see: How to obtain a cadastral map and land plot plan online?);
familiarization of the cadastral engineer with the title papers for the original plot of land;
assessment of the location of neighboring lands, identifying the exact location of characteristic points of the original zone in order to avoid crossing borders;
establishing the need for field work, which is determined based on the conclusion of the geodetic team.

Stages of land division in kind

In accordance with Federal Law No. 221-FZ dated July 24, 2007 “On the State Real Estate Cadastre,” land surveying is carried out by a cadastral engineer at the request of the owner of the territory, who pays all associated expenses of the specialist. The owner, possessor, user of the allotment or his official representative must be present during land surveying.

The procedure begins only after all owners of the site have expressed their consent to it. After this, the land surveyor determines the size of the initial zone, establishes the permissible boundaries of its division and the area of future plots formed during the division of the land. The general boundaries of territories are indicated using boundary signs.

All measurements and calculations are recorded in the survey file. An act of establishing boundaries is also left, which is subject to mandatory approval by the local land management committee.

Agreement on the division of land between owners

A written agreement between the owners of the land territory is drawn up in the absence of a court decision on the possibility of formalizing the division of the plot.

Address assignment

The procedure for assigning addresses to land plots is the next stage in the division of a land plot. To carry it out, applicants must contact the local urban planning authority with an application to assign personal addresses to the newly formed zones.

The applicant must have the following package of documents with him:

Boundary matter.

Certificate of ownership of the original plot of land.

Cadastral passport.

An agreement on the division of a plot or a court decision on the division, which is presented in the absence of an agreement between the owners.

Registration of land

The owner must register the created plots with cadastral registration in Rosreestr. To do this, you must submit the following documents:

Application for registration in the established form.

Passport.

The decision to assign addresses to sites.

Within 18 days, Rosreestr authorities make a decision on registering land territories, which is communicated to the applicant by sending a written notice.

Registration of rights

Ownership rights to new plots are registered in Rosreestr. To do this, it is necessary to fill out an application and attach an agreement of owners and cadastral passports of the land territories formed as a result of the division. Since the registration procedure involves the payment of a state fee, the applicant will have to attach to the application the original receipt for its payment.

Officials review the proposed documents within 18 days. Based on the results of the review, the authorized bodies make a decision on the possibility of entering registration data about the property in the state register. After this procedure, the applicant is issued an extract from the Unified State Register (former Unified State Register) for the newly formed territories.

The main stages of dividing a land plot

The standard procedure for the legal and actual division of an allotment consists of several stages, characteristic of all types of ownership (shared and individual).

Surveying

A mandatory step when dividing a plot. It is necessary to verify the actual boundaries of the plots. Land surveying must be carried out by a professional cadastral engineer with the appropriate certificate.

Read more about what land surveying is and why it is needed.

Land surveying can take place desk-based or with a specialist visiting. In the first case, the owners themselves draw the proposed boundary on the old plot plan. Then the division of the site is carried out on the basis of area characteristics, and the actual division of the territory is carried out after receiving cadastral numbers. Only then does a cadastral engineer come to the site and place land boundary markers based on registration data. This method is convenient if you do not need to accurately determine the configuration of the site and boundaries on the ground.

Otherwise, it is better to initially invite a cadastral engineer to measure the divided territory. Then the specialist carries out technical measurements on the ground, checking them with theoretical data, and then prepares a boundary plan for the location of new plots of land, their shape and area.

This process must take place in the presence of all co-owners of the property or their representatives, so that it is possible to divide the territory according to actual use, for example, based on installed fences and other barriers. The approved completed boundary plan is temporarily placed in electronic storage.

Address assignment

After completing the land surveying procedure, you should contact the municipality to obtain the addresses of new objects. The assignment procedure lasts no more than 18 days, after which the applicants are given a corresponding decision.

Cadastral registration and registration

The Land Code provides for the simultaneous deregistration of a large plot of land and the registration of the resulting real estate objects. This procedure is carried out by Rosreestr. You can submit documents to one of the branches of the registration authority, but it is much more convenient to do this through the MFC or the government services website. The cost of the state fee will not change in any way depending on the application submission option and will be:

350 rub. for each newly formed plot of individual housing construction and private plots;
350 rub. for lands of all other categories.

Registration of the transaction takes place within 10 – 12 working days. After this period, new land plots appear, information about which is confirmed by an extract from the Unified State Register of Real Estate.

Required documents

When registering the division of an allotment, a complete documentation set is submitted:

passports of all participants in the transaction;
application (the form can be downloaded in advance on the Internet);
title documents for land;
decision on assigning addresses to new real estate objects;
a division agreement, a single owner's decision, or a court order;
boundary plan or its identification number in electronic storage;
confirmation of payment of state duty (documentary or electronic format);
power of attorney, if one of the co-owners acts through a representative (a sample is taken from a notary).

Taxation nuances

The moment of emergence of ownership of new plots will be the date of state registration of a large plot. Therefore, all legal issues related to taxation when selling and donating real estate are calculated based on the date in the first certificate.

Sources

https://allo-urist.com/soglashenie-o-razdele-zemelnogo-uchastka-mezhdu-sobstvennikami/
https://lawinfo24.ru/family/razdel-imushhestva/soglashenie-o-razdele-zemelnogo-uchastka
https://ros-nasledstvo.ru/soglashenie-o-razdele-zemelnogo-uchastka-mezhdu-sobstvennikami/
https://law-divorce.ru/soglashenie-o-razdele-zemelnogo-uchastka-obrazets/
https://ros-nasledstvo.ru/soglashenie-ob-opredelenii-dolej-na-zemelnyj-uchastok/
https://FreeLawyer.guru/zemlya/razdel-zemelnogo-uchastka.html
https://how2get.ru/home/priusadebnoe-hozyajstvo/kak-razdelit-zemelnyj-uchastok-na-dva-uchastka/
https://lawowner.ru/nedvizhimost/zemlya/soglashenie-o-razdele-uchastka

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Sample agreement on division of land

If the division occurs by agreement of the parties, they enter into an agreement between themselves. A sample can be found on any legal website. The main thing is to ensure that the content of this document includes the following:

Owner information.

Land address.

Cadastral number of the plot.

Confirmation of the fact of consent to the division of all owners.

Description of the method of dividing the territory.

Method of bearing expenses by the parties.

In the absence of the consent of any of the land owners to the division, the remaining owners of the plot can obtain permission for the division in court.