How to prepare the soil for sowing
First of all, plants need light to grow. Therefore, find an area without shading on the south side. Tips for designing a garden at your dacha will help you in arranging it:
- Vegetables are richly flavored with both organic matter and minerals.
- Disintegrants (straw cuttings, manure, river sand) are added to the soil to ensure good air permeability.
- Monitor the level of soil moisture. Arrange watering when there is a lack of water, or drain the excess through the drainage when there is excess.
- Tall plants are planted on the windward side to protect vegetables from mechanical damage. Typically, fruit or ornamental trees are used for this purpose, making sure that they do not cast a shadow on the crop.
Judicial practice in the division of land plots
If there is a need to divide an existing territory, there may be both natural obstacles, such as a lake, forest, and the human factor. No one is immune from the following situations:
- lack of consent to division from the chairman of the cooperative or partnership;
- disagreement with the procedure of other owners;
- an incorrect division from the point of view of the owners, carried out without observing the norms for the minimum size of land plots.
Under such circumstances, any party may file a claim in court. The appeal must be made to a district court regarding the territorial affiliation of the disputed area. If we are talking about land owned by a cooperative or gardening partnership, the appeal takes place according to the territorial affiliation in compliance with the legal address.
The application is submitted together with the following documents:
- written refusal of the opposite party to the division transaction;
- all information about the site.
Moreover, in the statement itself, special emphasis is placed on the inalienable right of the owner to divide his own plot, subject to the necessary norms and conditions. It is best to entrust the preparation of such paper, as well as the conduct of the case itself, to professionals.
If there is a need to divide a land plot, you should first of all collect all the documentation related to the subject of the dispute, then seek advice from a law firm. After receiving information, including the minimum value for land plots after division, you can proceed directly to the division procedure itself.
Samples of documents for dividing a land plot
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Options for organizing a vegetable garden
Among gardeners, there are different opinions about a beautiful vegetable garden in the country.
Some divide the land into several parts in a certain order. The predominant crops are planted in one massif. Herbs and spices are placed next to the path or building. It’s so convenient to come up and pick parsley for soup without running to the other end of the garden.
How to properly divide a plot of land
According to the legislation of the Russian Federation, new land plots can appear as a result of the merger of adjacent land plots, division of a land plot , or separation from one plot of another.
Very often there is a division of land plots. As a rule, division of a land plot is required when dividing a house, if it is necessary to sell part of the plot without entering into a relationship of shared ownership, when dividing property between spouses (friends, relatives), as well as in other cases.
In accordance with the Land Code of the Russian Federation, the division of land plots is permissible and is one of the forms of creating new land plots. A plot of land of any category can be divided.
The division of the land plot is carried out according to the rules established in Art. 11.4 of the Land Code of the Russian Federation. In accordance with paragraph 1 of Art. 11.4 of the Land Code of the Russian Federation, when a land plot is divided, several plots are formed, and the original plot ceases to exist, except for the cases specified in clause 4 of Art. 11.4 of the Land Code of the Russian Federation, and cases provided for by other federal laws. For example, such exceptions include the division of a land plot provided to a horticultural, gardening or dacha non-profit association of citizens. In this case, one or more land plots may be formed, intended for a citizen to carry out gardening, vegetable gardening or dacha construction, or related to public property, and the original plot is retained within the changed boundaries.
In accordance with Part 4 of Art. 41 of the Town Planning Code of the Russian Federation, a mandatory condition for dividing a land plot into several land plots is the presence of entrances and approaches to each formed property.
Each land plot formed as a result of division is an object of real estate, which must undergo state cadastral registration according to established rules, after which the new land plots acquire the legal qualities of objects of civil rights.
When dividing plots, the following conditions are established:
1. The category of land must be preserved.
2. The formed plot should not be less than the minimum permissible size of the land plot. Article 33 of the Land Code of the Russian Federation determines the procedure for establishing the maximum (maximum and minimum) sizes of the provided plots. The maximum size of plots for dacha construction, peasant (farm) farming, gardening, vegetable gardening and, in general, plots of agricultural land are established by the laws of the constituent entities of the Russian Federation. For example, in accordance with the Law of the Saratov Region “On Land”, the minimum size of a plot for running a peasant (farm) enterprise is 2 hectares, for gardening, vegetable gardening and summer cottage construction - 0.01 hectares.
3. For sites in urban areas, the rules of urban planning must be observed.
4. There must be no legal prohibition on dividing the plot . For example, according to Federal Law No. 74-FZ of June 11, 2003 “On Peasant (Farm) Farming,” a land plot leased or owned for organizing a peasant farm is not subject to division in the event of one of the members leaving the farm.
In practice, the division of a land plot is directly related to cadastral registration, because only the plot that is registered in the cadastral register can be divided. After one plot is divided into the required number of plots, taking into account the minimum size limit, each of the newly formed plots is subject to cadastral registration. The specified conditions for the division of land plots must be checked precisely in the process of land management and cadastral work.
The final stage in the division of land plots is the registration of ownership of each newly formed land plot.
Ekaterina Peregudova
Center for Legal Technologies "YURKOM"
Construction of greenhouses and greenhouses
Insulated soil is useful for growing early and late crops. Tomatoes, peppers, cucumbers, eggplants, and zucchini grow well in protected soil.
In order to have greens on the table in early spring, lettuce, dill and parsley are sown in greenhouses. In order to diversify the diet, five plants of each type are enough.
To install greenhouses, 100 sq.m. is enough. If you live in an area with cool summers, you will need an area of up to 300 sq.m.
Ideally, unrelated crops, such as cucumber and tomato, should be kept separate from each other. But with a small number of plants, you can deviate from this rule.
Division and termination of shared ownership
DECISION IN THE NAME OF THE RUSSIAN FEDERATION
September 14, 2011 Dmitrov City Court of the Moscow Region, consisting of: judge xxxxxxxx N.A., with the secretary of the court session xxxxxxxxxx E.V.,
Having considered in open court a civil case based on the claim of Inna Alekseevna Stepanova against Pavel Pavlovich Morozov for the real division of the house and land
INSTALLED
The plaintiff filed a lawsuit for the real division of the house and land plot No. 21 in the Horticultural Non-Profit Partnership "xxxx", located in the Dmitrovsky district, further clarified the claims, but statements about changing the claims in the manner prescribed by Art. 39 of the Code of Civil Procedure of the Russian Federation was not filed. She finally asks for a real division of the house and land indicated above, which belong to her and the defendant in equal shares (½ share each) on the right of ownership. Disagreements arise between her (the plaintiff) and the defendant regarding the use of this property; the defendant interferes with use and does not provide the keys to the gate leading to the site and to the house.
The defendant admitted the claim.
The court finds the claim to be satisfied.
At the court hearing, it was established that the property (house and land plot No. 21) located on the territory of SNT “xxxxxxxx” in the Dmitrovsky district is the joint property of the spouses of S.A. Stepanova. and Stepanova P.P.
By an absentee decision of the magistrate of court district No. 29 of the Dmitrovsky judicial district dated May 11, 2005, Svetlana Alekseevna Stepanova’s ownership of a ½ share of the house and land was recognized.
April 15, 2006 Stepanova S.A. died, during her lifetime she drew up a will in favor of the plaintiff in the case, Stepanova I.A., who, in turn, took advantage of this right and entered into an inheritance under the will.
By the decision of the Dmitrovsky court of October 23, 2007, I.A. Stepanova ownership of a ½ share of the land plot was recognized by inheritance, based on a court decision dated August 26, 2009 for I.A. Stepanova. ownership of ½ share of the house was recognized.
Ownership of ½ share of the land plot and ½ share of the house in the name of Stepanova I.A. was registered with the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region in the Dmitrovsky District on October 12, 2009.
During the marriage between Stepanova S.A. and Stepanov P.P. The house on the site (inventory data as of 1999) was rebuilt, construction was not completed, and was not put into operation. In addition to this house, two gazebos were built on the site.
In accordance with paragraph 3 of paragraph 10 of the Resolution of the Plenum of the Supreme Court of the USSR dated July 31, 1981 No. 4 “On judicial practice in resolving disputes related to the ownership of a residential building” (as amended by the Resolution of the Plenum of the Supreme Court of the USSR dated November 30, 1990 No. 14) - At the claim of spouses, family members of the developer who jointly built the house, as well as heirs, the court has the right to partition an unfinished house if, taking into account the degree of its readiness, it is possible to determine the individual parts to be divided with the subsequent technical possibility of completing the construction of the house by the indicated persons.
As part of this legal dispute, a construction and land management examination was carried out. The conclusion of this examination is the fact that a real division of the house is possible.
The expert presented 1 option for dividing a house and 3 options for dividing a land plot; the options for dividing a land plot were calculated taking into account the area of the land plot - 600 sq.m. Based on the results of the examination, it was revealed that there is used land within the boundaries of the fence; it is not included in the section.
There are buildings on the used land: shed-N, summer kitchen, bathhouse, shower, toilet, built in whole or in part on the used land. These buildings are not included in the section.
The plaintiff asks to divide the house according to option No. 1, with the allocation of any part of the house to her; for the land, take option No. 2 as a basis, also with the allocation of any part of the land plot.
The defendant asks to divide the house according to option No. 1, with the eastern part allocated to him (yellow on the plan), and the land plot according to option No. 2, with the eastern part allocated to him (yellow on the plan).
The court proposes to divide the house according to option No. 1, allocating the western part of the house to the plaintiff (blue on the plan), and the eastern part of the house to the defendant (yellow on the plan); The division of the land plot should be carried out according to option No. 2, with the western part of the land plot allocated to the plaintiff (blue on the plan) and the eastern part of the land plot to the defendant (yellow on the plan).
At the same time, the court takes into account the opinion of the parties in the case, that according to the option of dividing the house, the defendant is allocated a part of the house, which he actually uses; this option provides for the recovery of compensation for the overly transferred buildings in the amount of 23,948 rubles, which must be recovered from the plaintiff in favor of the defendant.
When dividing land, land plots are allocated as a single area adjacent to the allocated parts of the house.
Options for dividing land No. 1 and 3 are not considered by the court, since these options are not accepted as a basis by the parties, and in addition, these options are unacceptable, since one of the plots under option No. 1 after the division becomes awkward in shape and narrow along the entire length from 5, 6 m to 7.9 m, according to option No. 3 the dividing line is broken, which will also create inconvenience during operation.
Work on re-equipping the house in the form of: for house A - installing a dividing partition, installing a doorway, filling the doorway with a single-floor block, installing a hole in the ceiling for a staircase, installing a wooden staircase without filing for the amount of 25,929 rubles; for attic A1 - sealing the doorway, installing a dividing partition, installing 2 doorways, filling the doorway with a single-floor block, taking into account the opinions of the parties in the case, should be assigned to the parties in equal shares.
The plaintiff incurred expenses for conducting the examination in the amount of 18,000 rubles, she asks to recover half of the expenses from the defendant, the defendant does not object to reimburse part of the expenses for conducting the examination.
Taking into account the above and guided by Art. Art. 193, 199 Code of Civil Procedure of the Russian Federation, court
DECIDED
Carry out a real division of the house and land plot No. 21 in the Gardening Non-Profit Partnership “xxxxx”, located on the territory of the Dmitrovsky district. Terminate the right of common shared ownership of the house and land.
Allocate part of the garden house on the western side (blue on the plan): letter A, room No. 2 with an area of 7.8 sq.m., room No. 3 with an area of 14.3 sq.m.; attic A1 - room No. 4 with an area of 5.4 sq.m.. room No. 5 with an area of 10.2 sq.m.; extension “a” with an area of 4.8 sq.m.;
Part of a land plot with an area of 300 sq.m. (blue color on the plan) with boundaries: eastern - 20.7, t. 8-9-10-11, northern - 8.23 m, t. 11-2, western -29, 52 m. t. 2-1, southern - 12.3 m, t. 1-6, eastern - 4.7 m, t. 6-7, then along the dividing wall of the building - t. 7-8.
The property of Stepanov P.P. a part of the garden house on the eastern side stands out (yellow on the plan): letter A, room No. 1 with an area of 7.8 sq.m., room No. 2 - 14.3 sq.m.; attic A1, room No. 3 with an area of 5.4 sq.m., room No. 4 with an area of 10.2 sq.m.
The property of Stepanov P.P. a part of a land plot with an area of 300 sq.m. is allocated. (yellow on the plan) with boundaries: western - 4.7 m, t. 7-6; southern - 7.9 m, t. 6-5, eastern - 29.86 m, t. 5-4-3, northern - 12.0 m, t. 3-11, western - 20.7 m, t. 11-10-9-8, then along the dividing wall of the building - t.8-7.
Collect from Stepanova I.A. in favor of Stepanov P.P. 23,948 rubles as compensation for the over-transferred building.
Work on re-equipping the house in connection with the division of the main house A in the amount of 25,929 rubles, in the attic A1 in the amount of 39,929 rubles shall be assigned to the parties in equal shares.
Collect from Stepanov P.P. in favor of Stepanova I.A. 9,000 rubles (nine thousand rubles) to reimburse expenses for the examination.
The decision can be appealed to the Moscow Regional Court within 10 days through the Dmitrov City Court
Dimensions of beds and row spacing
Any length is suitable for beds, and the width should be convenient for sowing and harvesting. The shape is usually made into rectangular landing sites.
But when it comes to arranging beds, ideas for a summer house and vegetable garden differ for different regions. In the south these are depressions, in the center and north of the country there are raised mounds.
For plants growing in large bushes (tomatoes), a distance of 40 to 90 cm between rows is sufficient, and for small plants (carrots), 15 cm is enough. Pumpkins and zucchini are the record holders for wide distances - 1.5-2 m.
Soil requirements
The land for growing vegetables must be fertile. This is facilitated by the application of fertilizers.
Beginning gardeners in the fall need to apply organic fertilizers (compost, manure) at the rate of 60-100 kg per 100 sq.m. and mineral complexes (foscamide, azofoska) up to 5 kg per 100 sq.m.
The next stage of soil preparation is deep digging. Only podzolic soils require gradual plowing of 5-7 cm per year, and heavy soils require raising agents.
Country house: stage 1 - division of the land plot into two parts by court decision
Thus, the court decided to divide the dacha land plot into equal parts.
Of course, the division into two equal plots occurs in accordance with the Land Code of the Russian Federation.
That is, in other words, the land plot under Article 11.4 can be divided into two equal halves.
First of all, most importantly, in this case there is no need to obtain permission from other owners.
According to the court decision, it is clear that only two owners own this land plot.
Thus, having divided the land plot, each owner receives his own.
THIS IS VERY IMPORTANT, TECHNICAL POINTS ON THE DIVISION OF A LAND
Read what categories of land there are according to the Federal Law
Surveying
To divide a plot of land, it is necessary to carry out land surveying.
First, you need to contact a specialist who has a certificate as a land surveyor or cadastral engineer.
Typically, such specialists work in private and public enterprises.
Meanwhile, the boundary plan is drawn up in accordance with the Federal Law “On Cadastral Activities” and in accordance with the order of the Ministry of Economic Development of Russia “On approval of the form and composition of information on the boundary plan, requirements for its preparation.”
The cadastral engineer carries out work that concerns this site, which is reproduced in the Unified Register.
It also indicates the data and information about the land plot being formed that is necessary for inclusion in the Unified State Register of Real Estate.
1) A specialist creates a new technical project.
2) The owners organize or themselves obtain land management consent, which determines the boundaries of the property.
3) Specialists install boundary signs and determine the distances between them.
4) Cadastral engineers record the areas of new objects.
5) Cadastral engineers draw up new maps of land plots.
6) And also, they create a land management business.
7) And lastly, this is the approval of this case, in accordance with the law.
Read how you can transfer a plot of land from one category to another
Cadastral registration
Before the court decision, the dacha plot of land was registered in the cadastral register.
Naturally, then, after the land surveying procedure, two plots are formed by court decision.
As a result, these two plots must be registered in the cadastral register.
That is, in other words, the former shared owners of one plot must do the following. Submit documents for cadastral registration of one of the divided plots.
Also, submit documents to register ownership of one of the divided plots.
At the same time, you need to understand that you cannot change the purpose of the site.
This can be done after obtaining ownership of your land.
Thus, we figured out how to divide a dacha plot of land according to a court decision into two halves.
Read how you can separate part of a house from shared joint ownership
What will help vegetables grow well?
The soil can also be enriched by sowing perennial grasses such as clover and alfalfa, or by plowing with barley and oats. This mixture is applied on top of nitrogen-phosphorus fertilizers at the rate of 1-2 kg per hundred square meters.
Different vegetable crops require different fertilizers: cucumber and late cabbage grow well on organic matter, but root vegetables and early cabbage require mineral complexes.
Summer cottage section
Advice from lawyers:
1. In which court is the issue of division of property on a summer cottage decided?
1.1. Are we talking about the division of jointly acquired property or about determining the procedure for using the property?
Did the answer help you?YesNo
1.2. If the cost of the claim is more than 50,000 rubles, then in the regional, less than the global. The claim price is what you are claiming. For example, a house costs 1 million, when dividing property (if you mean family affairs), you can claim half, that is, the price of the claim will be 500,000 rubles, therefore more than 50 thousand, which means in the district. I can help with the claim.
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2. There is a division of property with the ex-husband. He does not allow him to use the disputed car or go to the disputed summer cottage (he changed the locks). When I took a grill (portable, homemade) from the dacha, he wrote a police report against me. How can I rein him in? After all, I have every right to use both the car and the dacha until a court decision on division is made.
2.1. If your case is already in court, you have the right to petition the judge to apply interim measures. Such measures are formulated by the applicant himself - in your case, for example, you can ask the court to prohibit your ex-husband from creating obstacles in the use of the disputed property, etc. Such petitions are considered by the court in a separate hearing, and if granted, interim measures come into force immediately, after which a writ of execution is issued within 24 hours, with which you apply to the bailiff service.
Did the answer help you?YesNo
3. In 2013, a dacha plot was purchased, in 2020, my wife and I divorced in August, and in June she registered a private house on this plot, the owner is the ex-wife. Can I apply for division of property through the court?
3.1. Property acquired during marriage can be divided using joint money. Regardless of who the property is registered to.
Did the answer help you?YesNo
4. My husband and I have a division of property, I am the defendant. The dacha plot is divided. The husband considered that this was not enough and filed a separate application for division of the country house. The house is not registered in the cadastral register. The judge ordered a forensic examination of the house. Based on the results of the examination, it turned out that the house was worth more than we paid for the entire plot including the house. Is it even possible to divide an unregistered property? Thank you.
4.1. The judge’s goal is not to divide the house, but to establish the value of the property (country house) to be divided. Your question has already revealed that “the house is worth more...” was a forensic appraisal. You have a division of a summer cottage with a garden house. And accordingly, the court will establish shares after the division of 1/2, or compensation (with consent) in money or property.
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5. My father, shortly before his death, transferred the dacha plot in SNT to me (membership book); no deed of gift was drawn up. I privatized this plot for myself while I was married. Is this property considered marital property and subject to division upon divorce?
5.1. Hello Maria. Privatization of land is a gratuitous transaction, therefore it is your property and is not subject to division according to Article 36 of the Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (as amended on May 29, 2019) RF IC Article 36. Property of each of the spouses Property, that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse) is his property.
Did the answer help you?YesNo
6. Ordered an appraisal of the car and real estate (land plot with a country house). The valuation report shows the cost + VAT. Valuation is needed for inheritance (division between heirs). At what price will the division take place - at the price with VAT or without VAT. Perhaps the division will be in court. What value will the court take into account?
6.1. Good afternoon Marat, the price excludes VAT, since citizens (heirs) are not VAT payers.
Did the answer help you?YesNo
7. In 2002 I got married. In 2006, a summer cottage plot was purchased in my name. Registration was made by joining SNT and a membership book was received. Later, the dacha plot was privatized. In May 2020, the marriage was dissolved. There was no division of property. Currently I want to sell the plot to my ex-husband. Is it possible to conclude a purchase and sale agreement? What price can be set? I would be grateful for your advice.
7.1. Good afternoon, of course, you didn’t divide the property, but it is understood that half of it is already there, act on the basis of who actually paid membership fees, looked after the site, made some improvements, etc., the cost should not be too high low!
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7.2. Good afternoon, based on the fact that this land plot was acquired during marriage, you can alienate 1/2 of the land plot in favor of your ex-spouse. The cost of the land plot for which you must alienate (purchase and sale transaction) must be at least half of the cadastral value of the land plot. You can check the cadastral value of a land plot in an extract from the Unified State Register of Real Estate (it must be obtained from Rosreestr).
Did the answer help you?YesNo
8. I submitted an application to the court to divide the land of the summer cottage into two shares - me (the father) and my daughter, 1\.2 shares each. , as per the father's will. The daughter took ownership of the entire plot of land as a member of SNT. The judge demands a state fee from the court based on the cadastral value of the plot. Is this the judge's request legal? The cost of the plot is 350,000 rubles. What percentage will the state duty be?
8.1. The state duty will be 6,700 rubles. As for the question of legality, I believe that it is legal, since the question is raised about the entire plot of land (allocate 1/2 of the property to you and your daughter).
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9. In section 3 of the State Employee’s Certificate of Income, she reflected a garden plot in 2020 on the basis of a certificate of ownership of land dated 1992, according to a resolution of the head of the administration dated 1992. There is no information in the Unified State Register of Real Estate. The plot was listed in a dacha partnership, which was liquidated in 2020. How should this be reflected in the 2020 declaration?
9.1. Good afternoon. Display it as you previously displayed it. Your ownership right is confirmed by a resolution of the head of the administration and is in no way connected with the liquidation of the dacha partnership. And if you want to enter information into the Unified State Register, submit the relevant documents through the MFC, having previously ordered documentation from cadastral engineers for registering such a plot with cadastral registration. Sincerely, Gaponova Svetlana. If you have any questions, call 8 918 750 28 31
Did the answer help you?YesNo
10. The court refused to divide the property. The reason is not yet known, only today the lawyer announced this decision. He said that the details would only be available for 3 weeks. We have been married for 8 years. They jointly invested in the improvement of his apartment and summer cottage, but the real estate turned out to be registered in the name of the mother-in-law. He will sell the car secretly from me at a significant reduction in value. Is there any point in filing an appeal? Thank you.
10.1. It all depends on when exactly the disputed property was acquired.
Did the answer help you?YesNo
10.2. Hello, Natalya, to answer these questions, you need to see the statement of claim and the decision that was made. Good luck and all the best.
Did the answer help you?YesNo
10.3. It is difficult to say for sure; you need to get acquainted with the case materials and clarify some of the circumstances of the case. It’s better if you contact me by phone and we’ll discuss everything.
Did the answer help you?YesNo
11. During marriage, the spouses purchased a summer cottage. When dividing property after the divorce of spouses, is the plot subject to division if the land is not privatized? Or are only the buildings on the site divided? How to file a claim in this case?
11.1. Only buildings will be divided; you can order a claim to the selected lawyer in private messages.
Did the answer help you?YesNo
12. Is it possible to divide a country house? The land on the site has been divided and registered as the property of each owner for a long time.
12.1. Hello! The possibility of actually dividing a house depends on many factors. In particular, on its area and layout. In a word, there must be a technical possibility of separation. This can be determined using construction and technical expertise.
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13. Good evening. I have a question about the division of property after divorce. The ex-wife filed for a property assessment without my knowledge and without providing movable and immovable property for inspection and assessment. It seems to me that the valuation amounts are too high. And the assessment was based on photographs. Moreover, the statute of limitations for divorce is 2.5 years and during this time I improved the condition of the property, namely the dacha plot. Is it correct.
13.1. Hello, if you do not agree with the assessment provided by your wife, state this, then the court will order an examination. Good luck and all the best.
Did the answer help you?YesNo
13.2. If you do not agree with the property valuation provided by your ex-spouse, you can also contact an independent appraiser to evaluate the property.
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14. Tell me please. Property is being divided between the former spouses. A bathhouse built during marriage is shared on a summer cottage, which is owned by the husband. The bathhouse was built during the marriage. If a claim is filed in court for the division of a bathhouse, it is filed at the place of registration of the defendant (husband) or at the location of the bathhouse.
14.1. Hello, if the bathhouse is officially registered as an object of real estate, then according to the Code of Civil Procedure of the Russian Federation Article 30. Exclusive jurisdiction 1. Claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, other objects, firmly connected with the land, as well as the release of property from seizure are presented to the court at the location of these objects or seized property. Those. at the location of the bathhouse.
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14.2. Civil Procedure Code Article 30. Exclusive jurisdiction 1. Claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, other objects firmly connected with the land, as well as for the release of property from seizure to the court at the location of these objects or seized property.
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15. In 1967, my husband was allocated a summer cottage plot of 6 acres, which was not divided in those years. In 1993, his ex-wife divided the house, indicating that the plot was 8 acres and registered 4 acres in ownership through the court. After her death, it was inherited by the daughter from their marriage, who was disabled, and she bequeathed this plot to her ex-husband. Is it possible to challenge a court decision on the division of a house in 2018?
15.1. No, you cannot challenge this decision. Unfortunately, all appeal deadlines have expired.
Did the answer help you?YesNo
16. During the marriage, a bathhouse was built on a summer cottage, the owner of which is the husband. Is it possible to evaluate it and claim half the value when dividing the property?
16.1. Hello. If a bathhouse is built during a marriage, then it is also community property and is subject to division, and it does not matter on whose land it is built.
Did the answer help you?YesNo
17. During the marriage, a bathhouse was built on a summer cottage, the owner of which is the husband. Is it possible to evaluate it and claim half the value when dividing the property?
17.1. Hello, Inna. As a general rule, on the basis of Part 1 of Art. 34 of the Family Code of the Russian Federation, all property acquired during marriage is the common joint property of the spouses. Also, according to Part 2 of Article 34 of the RF IC, the common property of the spouses is movable and immovable things acquired at the expense of the spouses’ common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property spouses during the marriage property, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed funds. Further, in accordance with the provisions of Art. 37 of the RF IC, the property of each of the spouses may be recognized by the court as their joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses, significantly increasing the value of this property (major repairs). , reconstruction, re-equipment and others). Conclusion: you have the right to claim half the value of the newly created property. Contact an appraiser to assess the value of the property, and then you will have the right to make a claim for 1/2 of the cost of the bathhouse.
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18. Can I take advantage of a tax deduction when purchasing a summer cottage purchased from my ex-husband (divorced for 7 years). He received the dacha plot when dividing the property with me.
18.2. Good afternoon. A tax deduction is provided for the purchase of residential premises or land plots intended for individual housing construction. Lands in dacha and gardening partnerships do not belong to the lands of individual housing construction and therefore a tax deduction for their acquisition is not provided. (Article 220 of the Tax Code of the Russian Federation)
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19. Tell me whether a built bathhouse on a summer cottage is subject to division during a divorce if it was built during the marriage. '
19.1. Good afternoon Any property acquired or created during marriage, in the absence of a marriage contract, is considered jointly acquired. Therefore, the bathhouse is subject to division, however, how this will happen depends on whether the documents for the bathhouse are drawn up as a building. If the bathhouse is registered in Rosreestr as a separate building, then the division will be made in kind, that is, each spouse will receive a 1/2 share in the property. If the bathhouse is not registered, legally it is considered a set of building materials, and the costs incurred for their acquisition are subject to division, if payment documents have been preserved.
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19.2. Good afternoon Yes, it is subject to it if it is proven that the bathhouse was built during the marriage, and also provided that the spouses did not enter into a marriage contract, which changed the statutory regime of marital property.
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20. Tell me whether a built bathhouse on a summer cottage is subject to division during a divorce if it was built during the marriage.
20.1. Hello. According to the Family Code of the Russian Federation, all property acquired and built during marriage using common funds is the common property of the spouses. When dividing jointly acquired property, the shares of the spouses are recognized as equal (clause 1 of Article 39 of the Family Code of the Russian Federation), but the court may deviate from the beginning of the equality of the shares of the spouses in their common property, based on the interests of minor children.
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I purchased a house with a plot before the divorce in 1995; the court determined 1/3 shared ownership between me, my son and my ex-husband.
In 2011, I purchased a dacha; the plot was not registered as a property (gardening partnership).
During my marriage, my mother registered a dacha plot in my name under a gift agreement.
In 2020, my husband and I filed for divorce. The division of property was carried out by a notary, during which I was given a dacha plot.
Is it necessary to have the notarized consent of the ex-husband to sell a summer cottage purchased during marriage in the wife’s name? Divorced 9 years ago. There was no division of property.
Four owners dividing a summer cottage with one side exiting to the street: upon division, will they each receive 4 plots with access to the street?
Years ago, my husband and I divided our property. He declares debts. Threatens me that they will take away my dacha plot for debts (bought and registered before the wedding)
During my marriage, I acquired 3 dacha plots: two of which are registered in my name, and the remaining one is not privatized, but a house is being built on it.
Mom and her husband were married for 6 years. During this time, we purchased a summer cottage with buildings.
Mom registered her marriage with her husband in 2011. During their time together, they acquired a summer cottage, the owner of which is my mother’s husband.
The question is whether the heir has the right to the property left after death by the parents on the dacha plot,
The benefits of crop rotation
Each year it is necessary to rotate different crops. Plants do not grow well in one place because the soil is depleted and pests and pathogens appear in it that are specific to a particular crop.
Features of crop rotation in the garden
To preserve the harvest, crop rotation was invented, and for small areas, such as a country garden, crop rotation is used. During fruiting, crops are transplanted according to the type of nutrition. Those who make good use of decomposed organic matter are planted after plants flavored with manure. As an example, we can give the following chain: cucumber-pepper-beets.
Some vegetables need a precursor that is harvested early. So, only cucumber, zucchini and greens are suitable for winter garlic.
How to organize watering
Without water, there is no life for vegetables. There must be a water supply or well on the site. But excess moisture can also cause damage. If groundwater is located too close to the surface (60-70 cm), a drainage system should be installed to drain it.
You should know that watering a garden can be done in several ways - with a reinforced hose, a polypropylene pipeline or a free-flow drip irrigation system. Irrigation methods are often combined.
Registration of ownership
The transaction itself is not subject to state registration, but the acquisition of ownership of new plots must be registered. For this you will need the following documents:
- statement;
- land surveying file (copy), including in electronic form;
- title documents – separation agreement or court decision;
- receipt of payment of the state duty - 350 rubles - for summer cottages, plots of private household plots, for gardening, vegetable gardening, 2 thousand rubles - for other plots (for individuals).
If the applicant applies through a representative, then a notarized power of attorney will be required to register ownership. It is advisable to resolve controversial situations in the field of land legal relations with the help of a qualified lawyer.
Careful selection of varieties
When you select varieties and seedlings, it’s like walking through a minefield, you risk running into a low-quality product that will not produce the desired fruits.
You need to focus on the geographical location and climate, and contact only reliable garden centers.
Site care
For good air permeability, the soil between rows needs regular loosening. You need to walk with a hoe after rains, watering and fertilizing. At first, the depth of loosening is increased, but over time it is reduced so as not to touch the growing roots.
To adjust the nutrition of vegetables, fertilizing is applied. They use special water-soluble fertilizers with microelements.
Grounds and conditions for dividing a land plot
The current law of the Russian Federation provides for special principles, norms and grounds, subject to which the procedure for dividing a land plot of a certain land use and purpose becomes legal.
First of all, the division can be carried out only over that area, the types of boundaries of which are established and fixed. For this purpose, a special examination of land use is provided, carried out by a state or private organization.
The examination consists of carrying out certain special-purpose procedures, the types of which are contained in the contract. The examination can only be carried out by an authorized municipal or commercial organization.
The division of a land plot between owners can be carried out on the basis of a land use agreement between these owners or in accordance with a court decision.
For example, the division of acquired land during a divorce provides for the possibility of spouses concluding an appropriate agreement. If a common decision was not made between the spouses, or a refusal to partition was received from one of them, the second must go to court to resolve the issue of land use.
A land plot, like other real estate, is part of the jointly acquired property of the spouses.
The law of the Russian Federation also establishes certain conditions, subject to which each owner has the opportunity to divide the plot:
- the result of the allocation and division of a single privatized or federal plot should represent the formation of a new plot without changing its previously established purpose, for example, gardening;
- the area of new territories cannot be less than the standards established by law;
- the resulting plots must have accessible places for access and access;
- there should not be a previously imposed temporary restriction or other sanctions on the site, the types of which are provided for by law. This applies to both privatized and rented plots of land owned, as well as the division of a jointly owned plot.
How to eliminate pests
There is always a need for protection against aphids and Colorado potato beetles, weeds and bacterial infections.
It is better not to use herbicides against weeds in small areas. They are poisonous and can harm vegetables. Weeding with a hoe or uprooting by hand are the safest methods.
Weeds can be put to good use. Use them for compost. Just make sure there are no seeds on the plants.
List of documents required for division of the plot
To divide the plot and register ownership of the received parts, it is necessary to prepare the following documents:
- application for division , certified by a notary;
- identity document
- title documents for land;
- cadastral passport;
- power of attorney (with the participation of proxies in the procedure);
- resolution issued by the local administration on the assignment of addresses for divided areas;
- consent of the owners to the division of the land plot. To allocate a part of a land plot in kind, indicating a specific area, the division is carried out jointly with all owners. The agreement is drawn up in simple written form (it is advisable that it be notarized). Consent is not required if the division is made by court order;
- document confirming payment for state registration.
The procedure for dividing a land plot begins with the implementation of land management work, during which land surveying is carried out, boundaries are agreed upon and a land management file is drawn up. At the next stage, you need to contact the territorial body of Rosnedvizhimost to register the plots for cadastral registration. The division involves deregistration of the original property from the cadastral register and registration of the received parts. After this, the owners of each part must submit a petition to the territorial body of Rosregistration for registration of property rights. To do this, you must present cadastral plans and an agreement on the division of the land plot (or a court decision). If structures, structures or buildings are located on a land plot, then in this case the principle established by law is observed during division. The owner of a land plot must be the owner of the real estate located on it. The boundaries of new land holdings are determined taking into account the existing buildings and structures. Also, to divide such a plot, you will need a technical passport of the BTI, a plan of a residential building or a project.
Photos of vegetable gardens at a summer cottage
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