Statement of claim to determine the procedure for using a residential building and land plot

Determining the procedure for using a land plot

There are some differences in the legal status between citizens who use nearby lands and those who have the right to use them. A paradox arises when someone who has the right to use does not acquire this right in a real situation, in fact - and vice versa.

This issue requires special consideration . However, it is necessary to determine that there is a strict differentiation between the concepts of “use” and “right to use”.

The right of use, which is not limited by anything, allowing the free implementation of any activity on one’s own plot, is available only to the owner of the land plot. We wrote about eliminating obstacles to use in the article on negative claims.

In addition, the owner, unlike other categories of land users, has the full right to carry out property transactions. Other types of use are limited by existing legal regulations.

Regardless of the presence or absence of this right , many citizens plant flower beds and flower beds around residential premises, outside the territory included in the standards provided for the construction of a permanent residential building. They have not acquired the rights to such actions, but are using part of the land that does not belong to them.

Quite often, owners of summer cottages seize nearby abandoned lands and use them. In rural areas, the use of plots allocated for vegetable gardens is practically unlimited.

It would seem that from such actions of land users, only benefit is visible, because they do not appropriate someone else’s property, but process what was abandoned. However, there are quite contradictory points here, some of which deprive both the land user and the business entity of potential benefits:

1. The business entity does not receive taxes from the lands that citizens use, without a certain right;
2. A land user may at any time lose the opportunity to use lands to which he has no right. All labor invested in cultivating the land will be irretrievably lost;
3. In a property transaction, the land user can receive a larger amount for the right to use the land;
4. There is a failure in cadastral records, as cultivated lands are listed as unaccounted for.

In the cases listed above, and similar ones, it is advisable to register use rights for the lands being used. Moreover, this will not be very difficult, and the benefits may exceed expectations. In addition, many citizens do not have land plots, but wish to purchase them.

Rules for the use of land plots

Advice from lawyers:

1. Three-apartment building, how to determine the rules for using the land plot?

1.1. 3-apartment building, how to determine the rules for using the land? Hello. You just need to carry out land surveying of the adjacent land plot, followed by privatization and entering data into the technical passport of the house. This way you can legalize your land plot.

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Consultation on your issue

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2. There is a land plot that is in shared ownership. There are 5 owners on it. There are actually established rules of use. Is it possible to allocate a part of the plot to each owner, while maintaining part of the land plot (entrance to the land plot and passage to the land plot of each owner) in shared ownership, without registering an easement?

2.1. How do you imagine this without formalizing an easement?

Did the answer help you?YesNo

2.2. Greetings Vasya. Yes you can.

Did the answer help you?YesNo

3. Can an OJSC-commercial organization lease two land plots to an individual, one for the construction of an individual residential building of 10 acres, and the other 25 acres for construction work for a period of 5 years with subsequent extension, if according to the PPP rules of use and development In the city, the norm for provision in a given zone is no more than 10 acres? Is this right for an individual? person to sell a house with both plots to another person?

3.1. Good afternoon, Dear Christina, in this case, you can seek clarification from the city administration and file a complaint with the prosecutor’s office.

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4. If a local road (inter-block or intra-block) or a part of this road is included in the process of land surveying as part of a land plot of an MK, registered in the cadastral register, then does this road become the common property of the MK and the owners are obliged to maintain and repair it, and then Do premises owners have the right to set their own restrictions and rules for its use? Thank you,

4.1. The land surveying process does not directly affect ownership. But the legislator’s attitude towards this possibility is expressed in Part 5 of Art. 36 Housing Code of the Russian Federation.

Did the answer help you?YesNo

5. In the rules of land use and development of a rural settlement, there is an article on the provision of land plots to citizens under a lease or purchase and sale agreement, but the possibility of providing free use on the basis of Art. 39.10 clause 2 subclause 6 of the Land Code. Question. How to obtain a plot under this paragraph of the article.

5.1. Good evening! What you are referring to has not worked for fifteen years. With respect to you, Evgeniy Pavlovich Filatov.

Did the answer help you?YesNo

6. My neighbors and I are in shared ownership and have 1/2 of the house. The neighbors began to build an extension to their part of the house without a design or my consent (they poured the foundation), violating SNiP. I filed a lawsuit against them to stop the squatter construction. The court ordered a construction examination. Now the neighbors have filed a lawsuit to divide the house in kind and determine the rules for using the land. If the house is divided in kind, will this entail the termination of the first case?

6.1. This depends on how the shares of the co-owners will be allocated. If the neighbors' new foundation remains on their side of the house and land, there will be no point in considering your first claim.

Did the answer help you?YesNo

6.2. My neighbors and I are in shared ownership and have 1/2 of the house. The neighbors began to build an extension to their part of the house without a design or my consent (they poured the foundation), violating SNiP. I filed a lawsuit against them to stop the squatter construction. The court ordered a construction examination. Now the neighbors have filed a lawsuit to divide the house in kind and determine the rules for using the land. If the house is divided in kind, will this entail the termination of the first case? It will entail in that part that you will lose the right to this claim, but the violations themselves will not disappear anywhere, and the Administration of Maykop will be able to bring a claim against them.

Did the answer help you?YesNo

7. Please tell me what regulations established the rules for using the land? What does the owner have the right to do on his land plot? The neighbors at the dacha are planning to file a claim in court because a truck sometimes parks on our property and pollutes the air. Is this really a violation? The car is parked on our site, the passage is not blocked by anyone, and it is 10 meters from the neighbor’s site.

7.1. Hello! If they believe that you are violating their right to use the land, then they have the right to file a lawsuit to eliminate the violated rights by virtue of Art. 304 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

8. I am the owner of 1/3 of the home ownership (actually 1 hundred square meters of land), the co-owner filed a lawsuit to determine the procedure for using the land and dividing residential buildings and buildings. The home is located on 3 acres of land. How will the share be allocated if, according to the Land Use and Development Rules of the city of Rostov, the minimum area for a land plot is 300 sq.m.? Maybe I'm wrong?

8.1. In such a situation, the plot is not subject to division, and the court simply establishes the procedure for using the land plot.

Did the answer help you?YesNo

8.2. the co-owner filed a lawsuit to determine the procedure for using the land and dividing residential buildings and buildings. How will the allocation of the share take place? You will decide - determining the procedure for using the memory or allocating the share? :sm_be:

Did the answer help you?YesNo

8.3. The plot is unlikely to be divided; it is advisable to contact a lawyer in person.

Did the answer help you?YesNo

9. I contacted the local administration with a request for a plot of land for rent to accommodate retail facilities. Received a refusal indicating three reasons: 1. Not provided for by the Master Plan. Public lands. 2. Not provided for by land use and development rules. Public lands. 3. Is a citywide green area. Reasons 1 and 2 are not legal, since the general plan has not been approved and the requirements have not been accepted. Is it possible to challenge the third reason in court? And How?

9.1. A refusal can be challenged in court on the basis of Chapter 25 of the Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

10. Land plot - the court determined the procedure for use between neighbors with the allocation of common shares. And the rules of use were determined, but the neighbors do not comply with them. Can we go to court and define different rules. Thanks for the answer.

10.1. Land plot - the court has determined the procedure for use between neighbors with the allocation of common shares. And the rules of use were determined, but the neighbors do not comply with them. Can we go to court and define different rules. Thanks for the answer. Oksana, you can’t because... The court has determined the procedure for use between neighbors with the allocation of common shares. The court will not deal with the same issue twice, you will simply be denied this.

Did the answer help you?YesNo

11. Previously, according to the will, I owned 7/12 shares, my neighbor 5/12, a year ago they divided the house in kind. The land plot has not been registered as a property. Will the ratio of shares be taken into account when dividing a land plot and determining the rules for using the yard?

11.1. Yes, definitely. Land is distributed in proportion to shared ownership.

Did the answer help you?YesNo

11.2. If shared ownership is terminated after division, this does not mean that the land plot should be divided differently.

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12. A house within the city for two owners, previously, according to the will, I owned 7/12 shares, my neighbor 5/12, a year ago the house was divided in kind. The land plot has not been registered as a property. Will the ratio of shares be taken into account when dividing a land plot and determining the rules for using the yard?

12.1. It depends on the circumstances, but in general it will.

Did the answer help you?YesNo

13. A claim for non-obstruction in the use of a land plot and a claim for the procedure for using the land plot, are they filed as two claims or one common one? After the court determines the rules for using the site, what rights do I have? Can I build a house on my half, without the consent of the co-owner of the other half of the plot? Thank you.

13.1. Regarding the issue of drawing up a statement of claim, determining the requirements of the claim, contact a lawyer in person with documents related to the case.

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Subjects of land use rights

The subject of the right of use can be defined as a land user who has the ability to use a plot of land for work legally, in accordance with the legal framework. Such a subject has a basis according to which he gains access to a land plot, owning it and preventing other persons from possessing it.

The subjective side of the right to use land is based on the desire and intention of a person to cultivate the land , provide proper care for it and benefit from its properties. The right of the subject is established on the basis of the legal framework of land use.

It includes the rights to create conditions for the ownership or use of a land plot, which determine the means by which it is owned. And also, the legal framework that defines the specific differences of the subject of use, which correspond to the types of rights to use land.

According to the sources of the right of use, the subject is divided:

1. A subject of federal significance, or a centralized unit that determines the rights of use of subordinate subjects.
2. To an economic entity, or regional municipality, which is in charge of the lands of the territory of the region, district, settlement.
3. The subject of land use is a private or legal entity that cultivates land in accordance with the assigned tasks and uses the land in accordance with the types of land ownership rights.

Rights and obligations

Rights to land plots are subject to state registration. The owner of a land plot has the right to sell, donate, pledge, lease and otherwise dispose of the plot, unless the land is excluded from circulation or limited in circulation on the basis of law.

The law defines lands for agricultural and other special purposes, the use of which for other purposes is not permitted or limited. The use of a land plot classified as such types of land can be carried out within the limits determined by its intended purpose.

The right of ownership of a land plot extends to the surface soil layer and water bodies located within the boundaries of this plot, and the plants located on it. The owner of a land plot has the right to use at his own discretion everything that is above and below the surface of the plot, unless otherwise provided by the law on subsoil, on the use of air space, other laws and does not violate the rights of other persons.

The owner can erect buildings and structures on the site, reconstruct or demolish them, and permit construction on his site to other persons.

In addition to the right of ownership, there are other property rights to land that determine the procedure for using the site:

• right of lifelong inheritable ownership;

• the right to permanent (indefinite) use of a land plot that is in state or municipal ownership;

• the right to limited use of someone else's land plot.

The use of a land plot may be based on the obligations of the legal relationship in accordance with the terms of lease agreements, sublease of land plots, and free fixed-term use.

A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.

Owners of land plots and persons who are not owners of land plots are obliged to:

• use land plots in accordance with their intended purpose and belonging to one or another category of land, in accordance with the methods permitted for use, which should not harm the environment, including the earth as a natural object;

• preserve boundary, geodetic and other special signs installed on land plots in accordance with the law;

• carry out measures to protect lands, forests, water bodies and other natural resources, observe fire safety measures;

• promptly begin to use land plots in cases where the terms for the development of land plots are provided for in contracts;

• make timely payments for land;

• comply with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety, and other rules and regulations when using land plots;

• prevent pollution, degradation and deterioration of soil fertility on lands of the relevant categories;

• comply with the requirements stipulated by federal legislation.

Liability for violations of land use

In accordance with the legislation of the Russian Federation, administrative liability is provided for the following offenses:

• unauthorized occupation of a land plot or use of a land plot without duly executed land title documents;

• destruction or damage to boundary signs of land boundaries, as well as failure to fulfill obligations to preserve these signs;

• unauthorized assignment of the right to use land, subsoil, forest area or water body, unauthorized exchange of a land plot;

• use of land plots other than for their intended purpose, failure to use land plots, as well as failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose;

• violation of the terms and procedure for re-registration of the right of permanent (perpetual) use of land plots to the right to lease land plots or the terms and procedure for acquiring land plots into ownership.

In addition to administrative liability, orders are issued to eliminate violations of the law, which set a deadline for eliminating the identified violations. Failure to comply within the prescribed period with an order issued to eliminate a violation of the law is grounds for imposing an administrative fine on the guilty person.

The legislation provides for the possibility of forced seizure of a land plot if the established violation is not eliminated:

• use of a land plot in gross violation of the rules for the rational use of land, including if the plot is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation;

• damage to land;

• failure to fulfill obligations for land reclamation, mandatory measures to improve land and protect soils, obligations to bring lands into a condition suitable for their intended purpose;

• non-use of a land plot intended for agricultural production, housing or other construction for the specified purposes for three years, unless a longer period is established by federal law. This period does not include the time required to develop the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use.

Forced termination of the right of lifelong inheritable ownership of a land plot, the right of permanent (indefinite) use of a land plot is carried out on the basis of a judicial act on the seizure of a land plot that has entered into legal force. Forced termination of the right to permanent (indefinite) use of a land plot granted to a state or municipal institution, a state-owned enterprise (with the exception of state academies of sciences created by such academies of sciences and (or) institutions subordinate to them) is carried out on the basis of decisions of state authorities or local governments, authorized to dispose of such land plots.

Functions of Rosreestr

Rosreestr supervises compliance with the requirements of land legislation to prevent unauthorized occupation of land plots and the use of land plots without title documents drawn up for them in the prescribed manner. Rosreestr controls the procedure for assigning the right to use land, compliance with the requirements for the presence and safety of boundary markers of land plots, the procedure for providing information on the condition of land, execution of instructions on compliance with land legislation and elimination of violations in the field of land relations, compliance with other requirements of land legislation on issues of use and land conservation.

State land supervision in the Pskov region

State land supervision is aimed at preventing, identifying and suppressing violations of the requirements established by law, ensuring measures to suppress and eliminate the consequences of identified violations. The functions of state land supervision in the territory of the Pskov region are assigned to the department of state land supervision of the Rosreestr Office for the Pskov region

Types of land use rights

The main types that give the right to use land are the following:

1. Ownership;
2. Permanent (indefinite) use;
3. Lifetime inheritable ownership;
4. Free urgent;
5. Rent;
6. Easement.

The listed options for rights provide various opportunities that provide for use in accordance with the Land and Civil Codes. Each type of right is based on certain conditions , according to which the legality of use is established by limiting the land user from improper use of the land.

You can find out more about all the details and nuances in our sections:

• Easement.
• The right to permanent, unlimited use of a land plot.

Grounds for the emergence and termination of rights to land plots

The grounds for use arise when an economic entity determines the possibility of granting such a right by allocating an allotment. If you wish to obtain a plot of land for use, you need to contact the authorized body, which can choose the appropriate option for the plot to be provided to you.

Contact your local administration with a request for your intention to enter into use rights. As a rule, if opportunities exist, land is provided for use without hindrance.

We can also highlight the grounds that arose as a result of a property transaction:

1. When purchasing a plot of land;
2. When purchasing a house (part of a house) with a plot allocated for its construction;
3. Acquisition by donation, exchange or inheritance of a plot or house (part of a house) with a plot;
4. Other estate plan transactions.

If you already own the site, depending on the form of title, you may be able to continue to use it based on existing precedent. However, if the land user does not have ownership rights to the land, it is best for him to obtain this right.

The general basic provisions for determining property rights are practically no different from the petition for obtaining an allotment. But the right of ownership will give additional guarantees to the landowner that the right to use the site will be defined as a permanent program that allows for continued possession of it by children and grandchildren. Other types of rights cannot guarantee this.

Accordingly, the right of use, at the discretion of the business entity, can be terminated after the death of the owner and not transferred to the heirs, if the land has not been registered as ownership. At the discretion of the authorized commission, lands may be seized by a court decision. And also, through redemption, in conditions of state necessity.

Use restrictions may be imposed on the site if an easement is established. Its establishment can be challenged in court, but this is not realistic in all cases. Judicial disputes over land issues are, in principle, quite common. This is not accidental, since a considerable share of the establishment of rights to use plots is carried out on the basis of court decisions.

The court decision regarding the right of use plays a role similar to other title documents. Therefore, when other options do not work in defending rights , the court may be the last basis for confirming them. Similarly, only through the court can the local administration terminate the right to use the site by a negligent owner.

What is a disputed land plot?

Land, like other real estate, can belong to several persons at once. If each owner's shares are allocated, the plot is in shared ownership. If not, the land is jointly owned by such persons. Moreover, even if it is not their property, several citizens at once can use it with the right of perpetual use.

Such options for joint ownership/use of land are often accompanied by disputes between landowners. For example, if one of them is not satisfied with the current procedure for using the land plot for the following reasons:

• the owner uses a significantly smaller plot, disproportionate to his share;
• other owners do not allow the rightful owner to use the site;
• due to the specific location of the site, full use of utilities is available only to one of the owners;
• there are no common areas on the common site, in particular for travel/passage to buildings or to other areas;
• functional use of the land plot by one of the owners is impossible due to obstacles from the other owners, and so on.

A piece of land for which the owners cannot agree on the terms of joint ownership is considered disputed. The only way out in this case is to establish rules for its use.

A dispute may arise in relation to any common area:

• the disintegrated lands of the former collective farm;
• joint property of former spouses;
• land at an apartment building.

Determining the procedure for using a land plot in an apartment building, as well as shared and matrimonial property, follows a single procedure.

Determination of the order of use

The order of use does not pose a problem only for owners who are the sole owners of the site. But disputes in determining the order of use may reach the periphery of the right of ownership. Despite the widespread land surveying, this does not eliminate the problem of the formation of disputes and conflict situations.

As a rule, the procedure for use is regulated by certain norms and rules. If you have any claims against persons violating the terms of use, you have the right to:

1. Contact the administrative commission;
2. Go to court.

But in the designated authorities the issue will not necessarily be resolved in your favor. In addition to the standards of use, there is a principle of agreements that will definitely be taken into account.

Let's say you purchased a plot of land, the boundaries of which are used by neighbors on the plot, in return for this they provided the former owners with access to the water resource on their plot. But you are planning to carry out work on the water supply of your site and do not need their services.

You demand the demolition of the wall of outbuildings occupying your boundary. They defend their property rights, citing agreements.

If you write a complaint to the administrative commission or go to court with a complaint, it is not a fact that your claims will be considered legitimate.

On the one hand, you have the right to use, on the other hand, third parties actually use it. In this case, you will have to re-enter a new oral agreement with your neighbors voluntarily.

A new, significant exchange for you is possible, as well as a good and quite profitable option - encumbrance with an easement. It will allow neighbors to use the boundaries on terms favorable to you, but only if the damage caused to you is not considered insignificant.

Agreement on determining the procedure for using a land plot between owners (sample)

An agreement on determining the procedure for using a land plot (sample) is drawn up to protect the rights of owners in the event that there are initially disagreements between them. These disagreements may concern the intended purpose of the site, the definition of land use boundaries for each of them, the procedure for distributing the burden of maintenance costs and many other issues.

Such problems often arise in situations where several people own a residential building or land plot. The law assumes that owners each use their share without violating the rights of others, and by mutual consent.

In practice, due to the uncertainty of land use boundaries, conflicts almost inevitably arise. But it can also be difficult to determine the regime of common areas.

The way out of this situation may be a judicial resolution of the dispute or the conclusion of an agreement to determine the procedure for using common property.

When is it necessary to draw up an agreement?

An agreement establishing the procedure for using a land plot is a document that consolidates the agreements reached between the owners and guarantees compliance with their rights. It is a substitute for a court decision on this issue, although it cannot be enforced.

The need to draw up this document arises when the owners need to have a document confirming the legality of using the land within certain boundaries.

The most common situation in legal practice is when one plot of land with a house located on it is inherited by several persons. Shared ownership arises.

The ideal option in this case would be to divide both the house and the plot, making the house multi-apartment, with a plot of land adjacent to each apartment - according to the principle of a townhouse. But with such a division certain problems arise.

For a real division, it is necessary that the newly formed areas are no less than the minimum area established by town planning regulations. A real division is allowed only in the case when each newly formed plot has a separate approach or entrance.

In practice, there are very few cases when a land plot meets all the stated requirements and, therefore, can actually be divided. More often, the plots under residential buildings are small, the territory itself is adjacent to neighbors on three sides, and only the front boundary faces the street.

In such cases, real division is not possible.

But what if, say, the owner of a piece of land intends to build a building on it, for example, a garage? How to get guarantees that in the future the co-owners will not make claims against him for a garage on their territory?

Determining the order of use will help to avoid problems when a single document is drawn up, which outlines the land use boundaries of each owner. A legally correctly drawn up agreement can become such a document.

Preparation for concluding an agreement

An agreement to determine the procedure for use is a document establishing the rights and obligations of participants in shared ownership, which means it must be drawn up as carefully as possible in order to avoid disputes regarding its implementation. As preparation you should:

1. Carry out the legal registration of the land plot and obtain a cadastral passport for it. Registration of a plot of land for cadastral registration (if this has not been done previously) is carried out on the basis of documents submitted to Rosreestr - this is a boundary plan, documents confirming the grounds for allocating the plot to a certain person, a receipt of state duty. A cadastral passport is an extremely important document - it actually determines the legal status of an object, its boundaries, type of permitted land use, and cost. We can say that for a real estate property, a cadastral passport is as important as a passport of a citizen of a country is for a person.
2. Owners need to properly register their rights. Since certificates of ownership have now been cancelled, each owner needs to register their right to a share in Rosreestr and receive the corresponding extract.
3. To correctly determine the boundaries, as well as to correctly plot them on the plan, it is best to involve an expert or cadastral engineer. This service is paid, however, any person can now order a land management examination. The expert will offer options for establishing boundaries of use by owners according to their ideal shares. According to the rules of examination, several options are offered, among which customers can choose the one that best suits their wishes.
4. Before drawing up an agreement, it is necessary to determine the territories that will be in joint use. An example could be a path from the entrance to the site to the house, the area adjacent to the source of water supply on the site where garden plantings are located, and the like. On the diagram they should be defined as limited to certain points and boundaries in order to avoid further disputes.

, structure and sample document

Drawing up a document is not particularly difficult if the boundaries of the plots are determined on the ground and transferred to the plan by a specialist. A sample agreement between owners to determine the procedure for using a land plot can be downloaded from any information and legal system and familiarized with the rules for filling it out.

But even if you have supporting information, you need to have a clear understanding of what points must be included in the agreement and how to present them correctly. It is unacceptable to introduce conditions that do not comply with current legislation. The compilation algorithm is briefly presented in the table below.

Agreement on determining the procedure for use.

Items

Agreement on determining the procedure for use between legal entities

Drawing up such an agreement between legal entities has some features. Full name is indicated in the introductory part.

representatives of legal entities and the grounds for vesting them with the authority to sign this agreement.

The procedure for payment of taxes and distribution of income is provided in detail, since legal entities are commercial organizations and land is used for profit.

It is possible to draw up a similar agreement between owners and between tenants. In this case, they have the right to use on the basis of a lease agreement.

Agreement on determining the procedure for using a land plot between owners (sample) Link to the main publication

Registration process

Since all lands belong to the constituent entities of the Russian Federation, the issue of registration of use rights is under their jurisdiction.

By contacting the local administration, you can resolve all issues related to the provision of the designated right. To do this, you must write an application addressed to the head of the administration, indicating the reason for your application.

A special commission (public hearings) will consider your request and give a positive or negative answer. If the decision is positive, you will be given an extract from the resolution, on the basis of which you will draw up documents for the right to use.

Registration of right of use

It is required to be carried out at the local cadastre office. Without this registration, any document issued to you will not acquire legal force. It is carried out regardless of the type of powers granted. Registration can be carried out by coming in person and writing an application, or you can send documents by registered mail with notification.

Based on the registration of your right of use, an account will be made, the plot will be assigned a unique cadastral number, and you will be given:

• cadastral passport;
• certificate certifying the right to use (property).

The issued certificate must contain the following information:

• Information about the copyright holder;
• Information about the type of ownership right;
• Basic information about the site;
• Date of issue, registration information.

If you are the owner, then with this certificate you can subsequently carry out various property transactions and register inheritance for your lands.

That is, the certificate is one of the most important documents certifying your right.

Other basic documents include documents defining the basis for using the site. They belong to a different category and are documents of title. These will include state acts on the right to use land.

This document is issued when the allotment is presented to the land user based on the decisions of public hearings. It may have different status. In some cases, it is issued when the right of use (property) arises, and in other cases:

• When transferring from one type of ownership right to another;
• When changing the category of land, their purpose, permitted use;
• In the process of establishing an encumbrance, limiting the right holder to an easement.

Land use agreement

It is also one of the most important legal documents. It is issued instead of a state act in the event that the use of land is carried out under the right of land lease. It is drawn up according to a standard template, with the obligations and rights of the parties stipulated.

You will only need to carefully study it, sign and use the lands based on its conclusion.

Keep in mind that when concluding an agreement, it defines your rights , which are assigned to you in relation to the use of the site. If you have additional claims, decide this in advance. The legal force of the right of possession is only determined by the clauses of the agreement and provisions.

Determining the rules for using the site

Not everyone knows how to determine the procedure for using a land plot, so it is worth researching the legal requirements.

According to paragraph 1 of Art. 247 of the Civil Code, the procedure for using a common allotment is determined by mutual agreement of all co-owners of the land. It can even be concluded orally.

In this case, it is not at all necessary that each of the co-owners will receive equal parts of the property.

For example, parties to an agreement may agree that someone will get a larger area, but of poorer quality. Or, for example, there will be a public road on the property of one of the co-owners.

If an agreement on the terms of use was reached through lengthy negotiations, the parties are recommended to sign an agreement for joint use of the land plot. The participants will add to it any provisions regarding the procedure for use and determine the amount of compensation if any of the co-owners is left without an allocated share.

A similar procedure must be followed in cases of using the common land of an apartment building, especially if it is low-rise.

Apartment owners, as a rule, have common ownership of the land under the house. Everyone uses the surrounding area at their own discretion: some plant flowers, others build a garage. To prevent them from having claims against each other, an agreement on the use of land between neighbors can be concluded. For this purpose, a general meeting should be convened.

To determine fair use, residents must take into account the provisions of Art. 15 Federal Law No. 189 dated December 29, 2004. According to them, the share in the right of common ownership, including land, is commensurate with the area of ​​their apartments in proportion to the area of ​​common property. That is, the more spacious the apartment, the more land the tenant is entitled to.

If they were unable to reach agreement, the terms of use will have to be determined in court. The judicial authority, according to paragraph 37 of the Explanations, approved. By Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated July 1, 1996, when assigning a procedure for use, the following will be taken into account:

• the need of each owner for a land plot;
• the possibility of sharing the allotment;
• the actual established procedure for using the land plot, even if it does not exactly correspond to the size of the shares belonging to the co-owners.

Temporary use of land

One of the types of ownership rights, the specifics of which are determined by the provision of the right within a specified period.

As a rule, unlike rent, it is carried out free of charge. That is, an economic entity, legal entity or individual provides the right to use the site for a certain period, free of charge.

The meaning of this right of use is that the user gets the opportunity to extract useful properties from the land plot free of charge and have the advantages of a land user . In return, it guarantees the owner of the site proper care of the lands, their safety and proper condition of the site.

These agreements must be sealed in a written contract. And if the plot is provided for use for more than 1 year, it must be registered.

Nuances of drawing up an agreement on the procedure for using a land plot. Sample contract

In cases where several citizens own a land plot at once, difficulties often arise with the procedure for its use.

In order to avoid confusion, the co-owners enter into a special agreement, which details the boundaries of the area belonging to each owner.

Between whom is this agreement concluded?

So, in paragraph 1 of Art. 247 of the Civil Code of the Russian Federation states that the ownership and use of property under shared ownership is carried out on the basis of an agreement concluded between its participants.

Article 247 of the Civil Code of the Russian Federation. Possession and use of property in shared ownership

1. Possession 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.
2. A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.

From the above norm it follows that such a document is drawn up between all co-owners who have a specific plot of land at their disposal.

If the owners of shared ownership fail to reach mutual agreement, then the procedure for using the land can be determined through judicial proceedings based on the decision made.

When is it issued?

As a rule, the need to determine the area of ​​land attributable to the share of each co-owner arises in the following cases:

• when one of the participants in shared ownership sells or donates its part to another person;
• if there is a desire to document the established procedure for using common land;
• when a plot is transferred by inheritance, which entails the appearance of a new owner of a particular share;
• when planning a new building or building;
• in case of a change in the property regime (for example, transfer of land from joint ownership to shared ownership), etc.

How to draw up a contract?

When drawing up an agreement to determine the procedure for using common land, you should be guided by Chapter 9 of the Civil Code of the Russian Federation. The signing of such a document is also a kind of transaction concluded between the participants in shared ownership.

It is best to entrust the preparation of the agreement to a competent lawyer who knows all the intricacies of land legislation and can competently outline the rights of each co-owner. Otherwise, such a document may be declared invalid (if there are gross legal errors).

Document form

The current legislation does not contain an officially approved template for an agreement on the procedure for using common land. The agreement for the provision of a land plot is drawn up in simple written form and signed by each owner of the land plot that is in shared ownership.

and essential conditions

A document reflecting the procedure for using common land must include the following information:

• name of paper;
• place and date of conclusion of the agreement;
• information about all co-owners (full name, residential address, identity card details, as well as the date and place of issue);
• general characteristics of the site in shared ownership (area, cadastral number, land category, address, etc.);
• the size of the share belonging to each co-owner - indicated in words, and can be presented in the form of an ordinary or decimal fraction);
• details of documents confirming the right of ownership of the site, as well as the number and date of the corresponding entry made in the Unified State Register of Real Estate;
• the procedure for using land, fixed within the framework of the agreement (more about this below);
• final provisions (procedure for distribution of costs for maintaining the common area, the moment the agreement comes into force, the number of copies of the document).

When preparing an agreement, special attention should be paid to the essential terms of such a document. In this case, the procedure for the further use of common land is implied.

Owners must establish rules for the operation of the site in such a way that the rights of each of the parties to such an agreement are respected.

So, the main condition that must be taken into account in the contract is that the co-owner has the right to take for use an area proportional to the share that belongs to him as property.

In practice, situations often arise when the part of the land exploited by one or another co-owner does not correspond in size to the main share. This may be due to the structural features of the building and structures located on the land plot. In this case, it is necessary to determine the size of the plot, which will be as close as possible to the legally assigned share.

If it is not possible to do this, then the person who actually received a plot with a larger area (than his allotted share) is obliged to pay compensation in favor of the co-owner whose plot of land he occupied.
All these conditions must be specified in the agreement on the use of common land .
Additionally, it should be noted that at the end of the document the signatures of all participants in shared ownership are placed.

form of agreement on the procedure for using a land plot between neighbors

Do I need to get it certified by a notary?

The conclusion of an agreement on the use of common land is not included in the list of cases when the procedure must be formalized by a notary.

However, it should be understood that notarization significantly increases the reliability of the transaction. In this regard, it is still recommended to have the agreement certified by a notary.

Do I need to register with Rossreestr?

Current legislation does not contain a requirement to register an agreement on the procedure for using land in Rosreestr . In this regard, the co-owners who signed such a document do not need to carry out this procedure.

Thus, a written agreement on the procedure for using a common land plot makes it possible to clearly delineate the boundaries of ownership of all co-owners. At the same time, it should be borne in mind that if the owner changes, such a document will lose force and will need to be concluded anew (taking into account the interests of the new participant in shared ownership).

Public land plots

One of the most difficult questions. Especially if there is a plot of municipal land under a residential building, which everyone tries to use at their own discretion.

There are often cases when, in such areas, the most unceremonious residents try to breed livestock, even piglets. Neighbors complain, suffocating from the unpleasant smell and tired from the constant squealing. What to do if similar things happen on your site?

The issue has already been considered that use as a fact of reality and the right to use as a legal fact can be radically different. Moreover, this issue is taken into account in court as an established procedure for use. So, so that these precedents do not exist in your home, nip them in the bud, raising the entire public.

If something like this continues for some time , it may be too late. It will already be stated as an established order or an oral (tacit) agreement based on the absence of obstacles from other users of the site.

In this case, you will, however, have the right to file a complaint against such residents only on the basis of using the land for a purpose other than its intended purpose. You can focus on the inadmissibility and lack of permission from local authorities in relation to these initiatives.

According to the rule, each of the residents has the right to a share of the land plot in accordance with its share in the residential area. In a house of 12 apartments, each family can rightfully use 1/12 of the land plot .

But if the bulk of the residents turned out to be indifferent to the improvement of the common courtyard, and someone began to restore their own order, this is a problem for both sides.

If there are no publicized collective, even verbal, agreements, the process can go chaotically. It will be difficult to integrate it into the structural legal framework.

If the land plot is in shared ownership, the owners have the right to draw up contracts and rules of use in writing, without registering or submitting them to any official bodies. But in the event of disagreement, these local agreements can play an important role in maintaining goodwill and fair distribution of use rights.

Registration of the right to use a land plot in court

Sometimes neighbors are uncompromising and intractable, and do not agree to draw up an agreement on the rules for using the land. The only way out is to go to court.

Intrusion into a neighboring plot is more often observed when there is a change of owner, when the new owner of a share begins to park a car in a place that another shareholder considers his own, sets up a warehouse for building materials or spare parts on “someone else’s” land, and uses the plot at his own discretion.

The owner whose rights have been violated must contact the magistrate with an appropriate claim. However, first it is necessary to determine the grounds for the application, the availability of documents for the site, the evidence base, if you plan to secure the right to use a site that has been in use for many years.

The defendant in the claim will be the shareholder who violates the rights of the plaintiff.

Why hire an expert

The parties can independently delineate the boundaries of use of the object, but it is recommended to conduct a land management examination.

The need to involve experts can be applied to the court at the pre-trial stage. As a result, the judge will issue a ruling on ordering an examination. Owners also have the right to contact an organization that has a license to conduct expert work.

The specialist will help determine the boundaries of the property of each owner and draw up a conclusion containing information:

• what area does the plot occupy, are there any inconsistencies in the title documents regarding the issue of land areas;
• are there any buildings at the site;
• whether the plot does not go beyond the boundaries of the territory indicated in the cadastral documents;
• are there other options for division and how can the dispute be resolved;
• can one of the shareholders pay compensation to the other and in what amount;
• whether each of the shareholders must carry out work related to bringing the territory into proper shape (removal of buildings, uprooting of trees and other work);
• Are there any areas on the site that are not suitable for use?

Determining the order of use of a simple (rectangular) plot is not difficult. To allocate a share in an uneven area, you will have to contact a specialist.

If there are potentially life-threatening objects near the site, it is necessary to allocate a buffer zone. Its size will be included in the expert report.

The information received from the specialist indirectly influences the judge’s final decision.

Form, content, sample claim

Whether the claim will be accepted by the judge for consideration depends on the correctness of the filing of the claim in court. If the requirements are not met, the document will be sent for revision. To prevent this from happening, the form and content of the claim must comply with Art. 131 Code of Civil Procedure of the Russian Federation. The document states:

• In the upper right corner: the name of the judicial authority, full name of the plaintiff, defendant and other interested parties, their addresses and contact details.
• The title of the document is “Claim to determine the right to use land.”
• The essence of the claim. It is necessary to state who owns what shares, on what grounds, whose rights were violated, and to indicate facts of non-compliance with the rules for using the land plot. It is necessary to emphasize that it was not possible to reach agreement on the procedure for using the land.
• A petition stating a request to determine the procedure for using the land.
• List of applications.
• Date and signature of the plaintiff.

The number of claims filed with the court office must be equal to the number of interested parties in the case.

Documentation

The following documents must be included in the application:

1. Cadastral passport.
2. Title documents for the object of dispute. This may be a certificate of ownership, an extract from the Unified State Register of Real Estate, and if the share of the plot is determined by the share in the homeownership, it is necessary to provide an extract from the Unified State Register of Ownership of the house.
3. Expert opinion.
4. Receipt for payment of state duty.

In the absence of documents, the claim may be dismissed without consideration and subsequently re-filed by the plaintiff, taking into account the elimination of shortcomings.

Price

When filing a claim, you will have to pay a state fee of 300 rubles . (clause 1.3 of article 333.19 of the Tax Code of the Russian Federation). The receipt must be attached to the document, otherwise the application will not be accepted for consideration. Additional expenses may be associated with obtaining an expert assessment of options for dividing a land plot, the cost of which depends on the complexity of the work.

The procedure for making a court decision on the right to use a land plot

After the claim is accepted, a hearing will be scheduled.

The plaintiff should prepare for the process and provide several options for division. The defendant has the right to file an objection to the judge and present his arguments in favor of a different procedure for use.

The judge pays attention to the following points:

• opinion of a cadastral engineer;
• the established procedure for use;
• witness statements;
• the grounds on which the participants in the process became owners of shared property.

Cases of this kind are resolved before the expiration of 2 months from the date of filing the application. If the plaintiff or defendant is not satisfied with the judge's verdict, they are given the opportunity to appeal the decision through the appeal procedure.

Based on the results of the meeting, a decision is made that is subject to enforcement. On its basis, a writ of execution is issued. If the provisions of the document are violated, one of the parties can contact the Federal Bailiff Service, submit a writ of execution and an application to initiate enforcement proceedings. As a result, the site will be forcibly vacated, and a fine will be imposed on the violator.

When resolving questions about the procedure for using shares of a land plot, the provisions of the land, civil, family, and tax codes are used, so it is extremely difficult to resolve the issue on your own. Land disputes are complex and costly; in order to go to court, you will need to prepare a number of related documents. Is there a need to determine the procedure for using shared property? An experienced lawyer from the site ros-nasledstvo.ru will help you assess the chances of filing a claim and draw up an agreement. Contact us now, consultation is free.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Termination of the right to use

It can be carried out on the initiative of a federal or municipal decision by purchasing land for work of state or public importance.

In addition, there are a number of reasons according to which lands can be seized and their use terminated. This point is usually determined based on:

1. Inadequate care of lands;
2. Their non-use;
3. Improper use;
4. Damage to the fertile layer, violation of environmental and sanitary standards of use.

In this case, termination of the right of use is determined by the court, at the request of the local administration.