Many people know what joint ownership of property is. Common ownership involves the presence of one object at the disposal of several persons at once.
At the same time, shares in housing may or may not be allocated. If, by law or agreement, the shares are not divided between the owners, then they are divided between them into equal parts.
Property is distinguished, both divisible and indivisible, which includes an inherited property that is not subject to division from the point of view of law or technical features. Shared ownership of a house and land differs in some nuances in the implementation by owners of their own rights and obligations.
Kinds
Common property differs according to ownership boundaries:
- Joint . This includes property that was acquired jointly by spouses over many years of marriage.
- Share. It assumes a clear division and recording of the share in the registration documents. In this case, the owners can be both relatives and strangers to each other.
For real estate objects, the right of ownership extends to the following property:
- Residential building with a plot of land.
- Garage.
- Apartment.
- Land allotment or share.
Peculiarities
Shared property arises in the event of the exercise of civil rights in the event of:
- Legal inheritance or inheritance of a housing property by will.
- Inheritance by court decision.
- During the privatization of a property.
- When receiving housing as a gift.
- If joint farming activities were carried out.
- Joint construction of both residential and non-residential structures.
- Conclusion of a marriage contract.
- Joint purchase of property by several persons.
The size of the shares is determined in accordance with the law or an agreement reached. If it cannot be established, then equal rights are distributed among the owners.
On house
Legal aspects regarding the house and the surrounding land are determined by agreement between the owners or by law.
ATTENTION! In the case when the emergence of property rights concerns the heirs of the first priority, the size of the parts between them is determined in equal amounts, and the property is distributed according to the actual number of heirs.
According to the law, it is possible not to determine shares in joint ownership.
For agricultural land
Such ownership means the ability to dispose of a land plot by several persons at once. According to practice, shared ownership of a land plot can be immediately distributed among hundreds of shareholders .
In this case, we are talking about agricultural land, the ownership of which arose after the collapse of collective farms. Such lands are often used either for growing products or for housing construction.
There are no prohibitions on the acquisition and sale of land, but there are certain restrictions regarding the transfer of shares to third parties.
Since the common share in a land plot has several owners, when planning an exchange, lease or sale, the owners must contact the other participants to obtain permission to separate their land share from the common property.
The meeting of shareholders determines the place where the plot of land will be allocated. Then the site is surveyed and a mandatory cadastral number is assigned to it.
ATTENTION! Without fail, the shareholder must inform all owners of his intention to allocate a share and hold a meeting, where the shareholders approve the boundary plan, and also draw up a protocol with the signing of an act of approval of the boundaries of the new plot.
The owner of the allocated share receives the remaining documents from Rosreestr.
For an apartment
Basically, joint shareholders become in the event of privatization of an apartment, or at the time spouses purchase joint housing. The law provides for the registration of joint ownership of an apartment in a new building by several persons who together participate in financing the construction in accordance with the drawn up agreement.
In the case of joint disposal of an apartment, some difficulties may arise if one of the owners does not fulfill his obligations.
Allocation of a share from a jointly owned territory
It will be possible to select a plot from common joint property or divide it, provided that the owners’ shares are recognized as equal, unless other provisions are specified in the law or in an agreement between the owners.
Dividing a plot into two parts is a fairly simple task. Even if the second owner does not agree to the division, the plot will still be divided equally in court. However, difficulties arise when the site is divided between several users at once.
So, for example, the first difficulty arises in the fact that it is not possible to obtain agreements on division from everyone, and some will be completely against such actions.
The second difficulty is that the owners will probably not be happy with the prospect of allocating a plot that has been determined by you personally. He will not please them in some way by size or location.
The third problem is that if there are buildings and structures, it will be very difficult to carry out division between all members of the owners of the site.
It is also problematic to bring all owners immediately to the cadastral chamber, as well as to the registration chamber.
These difficulties, although not global in nature, can significantly ruin your process of allocating a plot, taking up a lot of your time and effort.
In addition to difficulties with the number of owners, you will probably encounter the problem of filing documents. Of course, the submission of documents is one of the most important reasons why cases regarding the division of a land plot in shared ownership remain for a long time without implementation as such. The problem, of course, lies in many factors and, most importantly, in their incorrect selection.
Shareholders' rights
Common ownership is characterized by the following rights:
- Possession.
- Use.
- You can use your vote in the event of solving problems that arise that are related to common housing.
- Owners cannot own a certain portion of the property.
- Use income received from the use of common property.
- Dispose of a part of the property equal to your share.
- Accept compensation for the use of your share by a third party.
The main feature of owning a share right is the coordination of all ongoing activities related to one’s share with neighbors in the property, that is, other owners.
If one of the share owners does not agree with any action in relation to the common property, then all actions will be considered illegal.
What you need to know about easements
An easement is a permission issued by the owner that allows a specific person to use the land, subject to certain restrictions. Such an agreement differs from a lease by the possibility of a forced conclusion (for example, an electric cable must be laid across the territory) and the inability of the tenant to make a profit from the land.
The easement agreement contains information about:
- boundaries of the site;
- parties to the transaction;
- the amount of payment for the operation of the site;
- duration of the contract;
- obligations and rights of the parties.
The agreement is entered into Rosreestr at the address where the territory is located.
Tags: shared, land, property, plot
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Selling property
Each shareholder has the right to transfer his part of the property to another person and withdraw from property relations. The sale of housing that is in common ownership has some peculiarities.
To begin with, a person who decides to sell his part must offer to buy it to other owners of the property. Such a warning must be in writing.
IMPORTANT! Other owners can either draw up a written refusal or give their consent to the purchase. In the absence of such consent or refusal within a month, the share may be sold to a stranger.
The original terms of sale must be maintained. They should not be more profitable than those that were established for other participants. The sale of a share of land can take place subject to the following conditions:
- The shared plot has been surveyed and is registered in the cadastral register.
- The owners of the remaining parts of the land refused to purchase the share being sold.
- The sale of the share will not interfere with further economic activity on the land plot.
- Along with the alienation of the share of land located under a private house, the corresponding part of it is also subject to sale.
Allocation of a share from a jointly owned territory
Land plots with the status of shared ownership are often used for the construction of private households. The exploitation of such a territory has its own peculiarities. In Art. 1 of the Land Code of the Russian Federation enshrines the principle of the unity of fate of land plots and related objects. That is, the house and the land become one; they cannot be separated from each other.
Many citizens have difficulty determining the size of the share of a land plot under a private building. One must be guided by the fact that the volume of rights to the allotment is proportional to the part of the shared property owned by a specific person. To determine the share, the calculation of the total area of the dwelling is used.
Income distribution
As a result of personal use of a common property, its rental or sale, owners can receive a common income. Since property is common, funds cannot belong to only one owner. In this case, the question arises of how to correctly divide the income between all owners.
The distribution of income between owners is not regulated by law.
Owners must resolve this issue collectively.
The state only determines the documentation of the decision made by the owners on the distribution of funds received. Basically, the income received is divided in proportion to the size of the share. However, the efforts made by each owner in obtaining the money are taken into account.
The documentation must consist of a purchase and sale agreement and an additional agreement drawn up by the owners of the property.
ATTENTION! In order for all actions to be correct, legal and cannot be challenged in the future, you need to contact a qualified lawyer who will tell you when selling shared ownership how to draw up the necessary documents.
Plots of land that are in common shared ownership of several persons
If income was received from the use of a common plot of land (for example, in the form of products or fruits of the harvest), then they fall into the common ownership of all participants in Art. 248 Civil Code of the Russian Federation). The distribution of income occurs either evenly (if shares were not allocated at all) or in proportion to the shares of each participant.
Of course, unless otherwise provided by agreement earlier. It is important to remember that the right to common shared ownership is born only when there is an agreement between all parties to legal relations (Article 247 of the Civil Code of the Russian Federation). If such an agreement no longer suits one of the owners, he has the right to go to court and defend his rights there. Participants have the right to improve their property, in accordance with the regulations established by law (Art.
245 of the Civil Code of the Russian Federation). If the total value of a piece of land increases due to the work of a certain owner, then he has the right to demand an increase in his share in the total amount. This type of land ownership came to the modern Russian Federation from the past - the Soviet Union, when various state and collective farms were still popular in the 80s.
Impossibility of partition
Common ownership of a one-room apartment often in practice leads to the fact that it is not possible to divide it. According to civil law, the impossibility of dividing common property does not prohibit owners from petitioning for the establishment of a procedure for disposing of common property .
On the basis of the Civil Code of the Russian Federation, the disposal of property that is jointly owned occurs in accordance with the adopted general agreement of all owners. If it is not possible to reach a compromise, such an order is established through the court.
