Decision on the division of land: sample 2021

When is partition impossible?

Not every plot can be divided by desire alone.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Any of the above grounds entails the absolute impossibility of dividing the land plot by the owner. It will not be possible to achieve the division of land contrary to the norms of the Land Code either through the court or in agreement with local authorities.

Features of drawing up an act

Today there is no generally applicable, standard form for the act of agreeing on the boundaries of a land plot, so it can be written in any form. The only thing that needs to be taken into account is that the sequence of its content meets certain standards for compiling this kind of documentation. This means that the form should be divided into three parts:

1. beginning is the name and number of the document;
2. main section - information about the site, the boundaries of which are being agreed upon;
3. conclusion - the decision made (whether they were agreed upon or not) and the signatures of the parties.

The act can be written manually or typed on a computer. For a printed document, an ordinary blank sheet of paper of any convenient format is suitable (A4 is mainly used).

The document must be made in a number of copies equal to the participants in the approval procedure - one for each interested party.

The procedure for dividing a plot by decision of the owner

The current legislation does not provide for the maximum number of newly created land plots that may arise during the division process.

• 2500 sq.m. for the construction of a shopping center, parking and car service;
• 2 plots of 500 sq.m. for individual housing construction.

At the same time, in the region of his residence, the municipality has the minimum acceptable standards for the construction of buildings and structures - 1000 sq.m., for individual housing construction - 350 sq.m. Thus, Ivanov has the right to divide the plots in the specified proportions.

If a person owns the land solely, then this situation eliminates the need to draw up a division agreement with other co-owners. The process of dividing such a plot does not pose any legal complexity, but only if all norms of land legislation are observed.

Thus, the previous stages of land division are land surveying, assignment of cadastral numbers and registration of cadastral documentation for land plots. It is also necessary to have a registered property right with a corresponding entry in the Unified State Register.

In addition, an important part of the agreed procedure is proper documentation, namely the drawing up of the owner’s decision on the division of the land plot.

The specified document is a unilateral transaction, which acts as a title document, as well as the basis for state registration of property rights to newly created real estate.

Resolving situations with indivisible plots

First of all, if a situation arises during which it becomes necessary to carry out the divorce process, it is necessary to establish the fact of divisibility and indivisibility of jointly acquired property, since not all real estate objects are subject to mandatory alienation. The property cannot be divided if it belongs only to the husband or wife, if it:

• was the individual property of one of the spouses before the wedding (Article 36 of the RF IC);
• purchased with the personal funds of the husband or wife (Article 34 of the RF IC);
• was given (or inherited) to one of them.

If the second spouse does not prove that the land acquired with the funds of the other was improved with common funds during the marriage, and therefore increased in price, then he has no right to claim it.

Capital and non-permanent buildings on the territory

If there is a house on the territory, then conclusions about the divisibility of the plot are largely based on whether the building itself can be divided. Parts of a building can be isolated if:

• each half of the house has its own exit to the street;
• each part of the building has a separate electrical panel and an autonomous power supply and heating system;
• the building has several window openings for natural lighting of the room and utility rooms;
• the entire building and its separate parts comply with sanitary standards.

If the house cannot be divided in kind, the owners usually draw up an agreement that one of them becomes the owner of the building, and the rest receive monetary compensation. Even in the case of construction of an object within the framework of shared construction, its actual division is impossible without carrying out appropriate technical expertise.

If a building is divided into a plot, the building is first divided, and only then each owner is allocated the most suitable part of the territory.

Arbitrage practice

There are cases when spouses do not come to a common decision. In such situations, they go to court.

It takes a lot of time to prepare the necessary documents and initiate legal proceedings; in some cases, it happens that by the time the case of division of property is considered by the court, some part of the jointly acquired property is sold or donated by an unscrupulous spouse. In such cases, the requirements for division are supplemented with the requirement to invalidate the transaction for the alienation of the plot or part thereof.

Stages of making a decision on the division of a land plot

Before dividing the land, several preliminary steps must be completed.

1. Collection of the necessary documentation (cadastral number and plan of the original land plot, a certificate stating that the boundaries of the plot in no way intersect with neighboring plots).
2. Documents confirming the conduct of geodetic surveys.
3. Carry out land surveying. Only those organizations that have the appropriate licenses to carry out such work are allowed to participate in this procedure. The land surveying process consists of establishing the boundaries of both the initial and future land plots. For this purpose, a land surveying business is opened. This process is also divided into several stages of work, namely: preparatory, field and cadastral.
4. Drawing up a decision on the division of land and preparing documents for registering the division of the plot.

In relation to the previously registered land plot

The division can be carried out relative to:

• plots registered in the cadastre;
• not previously taken into account.

When division occurs in relation to an allotment that was previously registered and was a single indivisible object, the legal division procedure is applied to it.

The owner of the plot provides an application and a boundary plan, after which boundaries are drawn and new plots are formed. After this, the corresponding entries are made in the cadastres.

Each plot is assigned its own number, and its owner is issued a certificate confirming the existence of rights.

Sample owner's decision on division of land 2021

A correctly drawn up agreement on the division of a plot should contain the following information:

• place and date of document preparation;
• a name reflecting the essence of the transaction;
• personal information about the owner of the plot, such as full name and address of residence;
• information about the land plot, namely: its cadastral number, address and total area, what category the newly created plots belong to;
• a decision on the division of a land plot, indicating all the details of such a plot;
• statements regarding the presence or absence of restrictions, encumbrances, etc.;
• information regarding the transfer of property rights to new plots;
• place for the owner's signature.

It is best to entrust the drafting of a decision to an experienced land lawyer. After all, even the slightest mistake will significantly complicate the procedure for registering ownership of newly formed plots.

You can also use the sample below, but it is recommended that you obtain a free consultation from our lawyers before completing the document.

Who is entrusted with the function of clarifying the boundaries of land zones

The responsibility for monitoring the extreme points of land plots is assigned to cadastral engineers. These are highly qualified specialists who have the necessary professional knowledge and have the appropriate government certificates.

The list of powers of cadastral engineers includes:

• the right to familiarize yourself with documents certifying the identity of land owners;
• the right to inspect title papers;
• the opportunity to provide land owners with a boundary plan and give the necessary explanations on it;
• establish the boundaries of land plots subject to approval;
• carry out the actual coordination activities.

How is the owner’s decision to divide the land registered?

In order to finally complete the division of land plots, it is necessary to carry out their state registration, as well as assign their own addresses to the indicated plots.

After this, the newly created real estate is subject to cadastral registration. To do this, the owner of the dividing plot needs to contact the territorial office of Rosreestr. In this case, you should take with you the corresponding application, land survey file and documents confirming the assignment of a new address to the created plots.

Consideration of this issue, as a rule, takes no more than twenty days from the date of application. Based on the results, cadastral passports are issued for new plots and cadastral numbers are assigned.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Important! The decision of the land owner to divide it is not subject to notarization, contrary to a number of misconceptions. This document is relevant only for Rosreestr; the participation of a notary is not required here!

The final stage of this procedure is the registration of ownership of the newly created plots.

For this purpose, you need to contact the Rosreestr authorities again and provide the following documentation:

• a corresponding statement from the owner;
• passport;
• receipt of payment of a fee in the amount of 2000 rubles for registration of rights;
• the owner's decision to divide the land plot;
• cadastral passport of the allotment;
• other technical documentation;
• Documents providing grounds for ownership of a land plot.

The procedure for dividing a land plot always requires close attention and maximum concentration. The slightest mistake and the registration of rights to the divided plot will be delayed.

Contact our lawyers for a free consultation and get answers to any of your questions regarding the division of a land plot by decision of the owner.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Division of land: registration of newly formed plots

After completing the land division procedure, the plot may be in ownership, permanent or indefinite use. After dividing a plot into two or more, each newly formed plot must be assigned the address of a new territory, for which an application and a package of documents are submitted to the architecture and urban planning authority. Next, new land plots are registered in the cadastral register and ownership of them is registered. To do this, an application of the appropriate form, an agreement between the owners on division or a court decision, and cadastral passports are submitted to the State Register. The issued extract from the Unified State Register confirms that the newly formed land plot belongs to the new owner.

How to apply correctly in 2021

First, study the requirements for the site before dividing it.

I published 2 instructions because... Much depends on the number of owners. The instructions are suitable for different types of plots - individual housing construction, private household plots, SNT, etc.

Option No. 1 - when the site is owned by several owners

How to divide a plot if it is owned by several owners - the instructions are suitable for both common shared ownership and joint ownership. The design was laid out in 4 stages.

Option No. 2 - when there is one owner

How to divide a plot if it is owned by one owner. In this case, it is easier to divide the area; the instructions on the link are only 3 steps.

The cost of dividing a land plot

The division of land involves a lengthy process that requires contacting various government agencies, preparing documents and mastering the legal framework. To ensure that all stages are completed correctly, we recommend that you contact a specialist. They will oversee the entire process, communicate with representatives of various departments, draw up documents and notify about the current state of affairs. The price of such services varies between 15,000 - 40,000 rubles. The cost depends on the type of territory, the number of parts formed, and the presence of complex issues.

Requirements for sites

Not every plot can be divided; there are certain requirements for this:

If the plot is not registered in the cadastral register, first you need to fix it. And only then can the plot be divided. Registration of a land plot for cadastral registration.

In short, find the plot on the public cadastral map of Rosreestr. To avoid searching, you can click the “magnifying glass” button on the left and enter the cadastral number of the plot.

If a plot has boundaries, it will be highlighted in yellow on the cadastral map. If the boundaries are not specified, “Nothing found” or “No boundary coordinates” will be written.

In this case, you first need to establish the boundaries of the site and only then deal with the transfer from private household plots to individual housing construction.

(click on the pictures to enlarge them)

Borders are not defined

The minimum area varies in populated areas because it is set by local authorities. It also depends on the category of the site and the type of its permitted use.

For example, the minimum size of a plot of individual housing construction or private plots in the Lyubertsy district of the Moscow region is 4 acres, and in the Balashikha district for the same plots - 6 acres. In paragraph

Leskolovo, Leningrad Region, for individual housing construction - at least 6 acres, for private household plots - at least 10 acres. Therefore, it is impossible to divide a plot of 10 acres into two plots if the local administration has set a minimum size of 6 acres.

Each plot must have access/passage , otherwise it will not be registered in the cadastral register - paragraphs. 26 clause 1 art. 26 of the Law on Real Estate Registration. If it is not possible to make access to the site from the street (road), it must be made through the adjacent obtained site.

Below I have illustrated how owners can divide a plot depending on its location.

The first option is that each site has access from the road

Second option - access to the second plot is through an easement

Good afternoon. A plot of 18 acres with a house in the Leningrad region is registered in the name of two brothers. Is it possible to divide both the plot and the house? Will there be two electricity lines in this case? If the house is planned to be demolished in the future, whose land will be cleared from the former house? Thank you.

Hello Tatiana. It is very difficult to divide a house - each part must have its own separate entrances, at least one living room, and so on. This is a topic for a separate article; I haven’t written one yet. It’s better to demolish the house first and then divide the plot.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Hello. We have a plot and a house shared by five people (1/5) in equal shares of 2.58 acres of private housing construction in the Moscow region, land surveying has not been done.

I have 1/5 and want to buy another 1/5. To build a house so that the plot is already 5 acres.

Is it possible? And How? If it is not possible to allocate a share of 2.58, then the minimum must be 4 acres. Accordingly, a purchase and sale transaction cannot be carried out without allocating a share

Hello, Ekaterina. Depends on the location of the current house.

Usually the distance between the house and the boundary of the plot (setback) is at least 3 meters. That is, the border of the new plot should be at least 3 meters from the current house.

And on a new site, a newly built house must also be at least 3 meters from its border. Each site must also have an entrance from the street/road.

If you manage to keep the indentations, then do this: 1) Do a survey of the current site to establish its boundaries. To do this, contact a cadastral engineer to draw up a boundary plan.

Costs approximately 20 thousand rubles. Submit a land survey plan for registration.

The state duty is 350 rubles. The plot will now be displayed on the cadastral map.

2) Divide the plot into two - 5 acres and the remaining 7.9 acres with the house. To do this, we again turn to the cadastral engineer to draw up a boundary plan, but for the division.

It also costs 20 thousand rubles. Along with the boundary plan, you draw up an agreement that the new plot of 5 acres will be yours only, and the old plot of 7.9 acres will remain with everyone 1/5 as before.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

The fact is that through the agreement you cannot transfer your share of the house to others, because this does not apply to the agreement. But it is impossible to transfer only a share of the plot without a share of the house.

Submit a land survey plan with an agreement for registration. State duty 4 thousand rubles.

(2 thousand rubles for each site).

3) You have become the owner of a plot of 5 acres, but you still have 1/5 of the old plot and the house on it. You can sell your shares to other owners.

Purchase and sale agreement only in notarial form - clause 1 of Art.

42 of the Federal Law on Real Estate Registration. It will cost approximately 10 - 15 thousand rubles.

And the state fee for registration is 2 thousand rubles.

Hello. In Stavropol, on a plot of 7 acres (for rent), together with my parents, I built a duplex house. Now we want to sell our half. Is it possible to divide both the plot and the house?

Hello Zurida. Write the cadastral number of the plot. I’ll look at the local land regulations for the requirements for the site when dividing.

Hello! We want to build two houses on 5.5 acres of land in Sochi. Can they be demarcated and put on cadastral registration?

Hello, Ekaterina. No, it won't work. In Sochi, the plot of individual housing construction must be at least 4 acres, private household plots must be at least 12 acres. This is specified in local building and land use regulations.

Good afternoon, a neighbor is giving away part of a plot of land that he does not use and there is a vacant lot there, how can I register it as ownership of my plot or register it separately?

Hello, Olesya. You can attach it to your site or make it separate, but there are certain conditions for this. Have the plots been surveyed? What is the area of ​​the plots and the part that the neighbor is giving away? Does he just give it away? Explain your situation in more detail and get an accurate answer. Better yet, write down the cadastral numbers of the plots.

Hello. Please tell me. We are dividing a land plot that is in common shared ownership.

There is a building on the land plot, the distribution of shares in the building is the same as for the land plot. What document must be attached to the boundary plan so that when a land plot is divided into 2, one plot remains in the ownership of one person, and the second (with the house) remains in the same shares as the building

Hello, Anastasia. An agreement on the division of the land plot and termination of the right of common shared ownership must be attached.

Ask a cadastral engineer who will draw up a boundary plan. .

In it, indicate that the first plot (without the building) becomes the property of one of the owners, and the second (with the building) becomes shared ownership between two owners, indicating the shares of each. There is no need to write anything about the building, just the plots.

Plot in shared ownership 1/3 and 2/3, 30 acres. There is a house on it, also in shared ownership 1/2 and 1/2.

Is it possible to divide a 2/3 share of land into 1/3 shares? So that in the end you get three shares of 1/3. And after that, survey only one 1/3, on which the house does not currently stand?

Those. There will be a plot of 20 acres in shared ownership by two owners without land surveying with a house on it, and a plot of 10 acres with certain boundaries by the third owner without a house.

Hello, Alexander. Only the area that has been surveyed can be divided.

Therefore, first do a survey of a 30-acre plot, and then a new survey to divide it. To know what is the best way to proceed, please indicate who is the owner of the house and land? Who do you want to allocate a share to? Indicate the exact relationship between you, because most likely you will have to donate shares.

There is a tax when donating to non-close relatives. In general, write down your data and what result you want to achieve in the end.

30 acres are now demarcated, i.e. there are common large boundaries.

Do you need to first divide it into 10 and 20 acres? 2/3 of the plot and ½ of the house belong to my grandmother. The second owner is my grandmother's cousin.

Accordingly, I am a great-aunt. I want to allocate 1/3 of her share of the plot for myself.

And highlight this 1/3 of the plot without a house on it. I don’t want to draw boundaries along the remaining parts of the site, because...

Because of the house, it will not be possible to divide the plot into parts with more or less even boundaries.

1) You need to draw up a boundary plan for the area to be divided. To do this, contact a cadastral engineer.

The boundary plan will indicate that out of 30 acres, two sections will be formed - 20 and 10 acres. The section plan will also be drawn there.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

The cadastral engineer will assign cadastral numbers to new plots. 2) For the boundary plan, you need to draw up an agreement to register the plots for cadastral registration and register property rights (not about division).

In it, the owners indicate that the first plot of 20 acres will be in shared ownership, with 2/3 of the grandmother and 1/3 of her sister. Or 1/2 each, so it’s like at home.

They decide for themselves. The second plot of 10 acres becomes the property of only your grandmother.

3) Submit a boundary plan and agreement for registration with the MFC. 4) After registration, your grandmother can immediately give you a plot of 10 acres.

The agreement is in a fairly simple form; you also submit it for registration at the MFC. No one will have to pay taxes.

Good afternoon. On a plot of 40 acres, Shchekinsky district, Tula region, there is a residential building: owned by 1/4 and 3/4 shares. Land plot 12 and 12. Is it possible to divide the land plot into 2?

Hello, Nadezhda. It is possible, the main thing is to maintain a minimum distance from the house when dividing. Typically, the setback should be at least 3 meters from residential buildings. Contact a cadastral engineer to draw up a boundary plan for division.

The concept of divisibility

A common piece of real estate is considered divisible if it can be broken up into several land plots without deteriorating its performance and violating the property rights of all co-owners, as well as third parties. As a result of this procedure, the land use category should not change.

Also, as a result of the procedure, plots should appear whose area is not less than the minimum permitted value. It is determined individually for each region, but the formation of plots of one or two hundred square meters is unacceptable. Article 11.9 of the Land Code of the Russian Federation regulates the requirements for areas arising in the process of division. For example, in the Moscow region, parameters have been set for:

• farms – 20,000 sq. m. (minimum);
• gardening - 400 sq. m.;
• gardening and country house construction - 600 sq. m.;
• lands for private household plots and individual housing construction - 600 sq. m.

Information on permissible plot sizes for specific areas is clarified in the municipality and federal urban planning regulations. Before dividing the territory, you should pay the land tax, since failure to pay it may result in refusal to register the transaction.

So, based on this information, the following conclusions can be drawn:

1. Memory units that have undergone the division process must be checked for compliance with the established minimum and maximum areas. If the land plots formed after division do not meet this requirement, then in the process of registering such land plots for cadastral registration, a legal refusal may follow. This nuance is disclosed in paragraph 3 of Art. 27 No. 218-FZ.
2. The allocation of smaller land plots should not lead to problems associated with the operation of capital buildings located on them, as well as with the use of land for its intended purpose. The plot on which the house is built is indivisible if this violates the existing rules and regulations in the area of ​​land use.
3. The boundaries of the received plots should not intersect with the boundaries of the forest park zone, forest districts, settlements, and municipalities. Also, interstriated, broken, or wedged types of boundaries are not allowed (read how to determine the boundaries of a land plot).
4. It is necessary that all new land plots retain the same type of land use permitted for the old site.

Who has the right to decide on the division of land, grounds for division

The division of land can occur for various reasons: family, financial, related to the intention to donate or sell your share, leave as an inheritance or lease. The following situations may be grounds for dividing a property:

• the original property is owned by several owners who want to divide the property, including land (for example, during a divorce and division of joint property);
• the plot is owned by several heirs, each of whom has his own plans for the land;
• one of the co-owners intends to sell his share of the plot:
• one of the owners intends to conduct business on his share of the land.

Indivisible plots

A plot is considered indivisible if:

• there is a building on it (a residential building or a summer house) that cannot be crushed;
• when fragmenting a plot to one of the resulting objects, it is impossible to ensure full passage and passage (a state ban will be established even with the consent of all co-owners, for reasons of fire safety);
• it is recognized as collateral or seized property;
• during division, geometrically uneven, curved and pointed areas are formed;
• after the procedure, targeted and rational land use will deteriorate.

If a plot is officially recognized as indivisible, but the owners want to stop using it jointly, there are several ways out of this situation.

One of the owners can become the owner, and the others will receive monetary compensation in accordance with their shares in the property. To do this, you will need to evaluate the site from an independent expert, based on cadastral and market values. The plot can also be sold and the money received transferred to co-owners.

If both owners do not want to leave the territory, they can determine the procedure for using the site. If you fail to sign a settlement, you will have to go to court with a claim.

Section nuances

Regardless of the reasons for the division, it is necessary to take into account all legislation and regulations related to the land.

The second condition for dividing one property into several is the legal requirement that none of the secondary plots can be smaller than what is stipulated in the legislation for each type of permitted activity on the original plot.

For example, in the Moscow region, the size of secondary land plots must be no less than:

• 2.0 hectares for farming;
• 0.06 hectares for a garden plot;
• 0.04 hectares for vegetable gardening;
• 0.06 hectares for private housing construction.

The third condition is that the land that is planned to be divided must have boundaries that comply with the land code.

Fourth, each secondary site obtained as a result of the division must have free access to it.

Land plot: divided or not divided?

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

Land plots are divided into...

• divisible - those whose dimensions correspond to the minimum standard for a site for a specific purpose within a specific region of the Russian Federation;
• indivisible - those that do not comply with the above standards, which means they cannot be registered in the cadastral register.

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

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

• for peasant and farm enterprises - 2 hectares;
• for garden and summer cottage plots - 0.06 hectares;
• for a vegetable garden – 0.04 hectares.

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

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

1. The land plot must be divisible.
2. Secondary land plots must be no less than the minimum size established by self-government bodies in a certain region of the Russian Federation.
3. Secondary land plots must retain the designated purpose category.
4. There should be no prohibitions or restrictions imposed on land by law. For example, according to the Federal Law “On Farming” it is prohibited to divide land intended for farming. Land that is seized cannot be divided.
5. Secondary land plots must have free access, otherwise division is also impossible.

If the joint land is indivisible (or does not meet the other listed division conditions), it cannot be divided - the Land Registry Authority will refuse to register the newly formed plots.

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

• leave the land to one spouse, and pay the second spouse a monetary compensation equal to half the value of the land;
• sell the land and divide the proceeds;
• leave the land in joint ownership and determine the procedure for use.

Example 1

In the third year of family life, the Rozanovs became heirs to a plot of land with an area of ​​0.14 hectares, which was located on the territory of a garden partnership. According to the will executed by the husband's grandmother, the spouses received equal shares. When the Rozanovs decided to divorce a year later, the issue of dividing the land was resolved as follows: the spouses entered into a written agreement, according to which a real division was made into two equal plots of land. This is how the termination of shared ownership occurred, the husband and wife became the sole owners of two newly formed plots.

Example 2

The Loginov couple bought land to build a country house, but the construction remained unfinished - the husband and wife decided to end their marital relationship. It turned out that a real division of the plot into equal parts was impossible due to the building erected on it. The couple did not initiate legal proceedings, but agreed peacefully: the land with the unfinished building became the property of the husband, the husband paid the wife monetary compensation equal to the estimated value of her share.

When will the section be denied?

As with any other legal action, the division of land has its limitations. The following points may be grounds for refusal to divide this property:

• after the division of the original, secondary plots will not meet the minimum standards established in the region;
• the land is offered for rent;
• a public easement is imposed on the original site (a forced lease in which both the owner and the recipient of the easement can equally use the part of the land encumbered by the easement);
• the site has any encumbrances or restrictions in the form of fines or seizure.

Concepts

The division of plots is expressed in the procedure of redistribution of plots, during which several are formed from one large one. The procedure under consideration is part of land surveying and also relates to geodetic activities. It is carried out in several steps:

• the possibility of carrying out the procedure is determined, compliance with administrative requirements is established;
• work is planned together with a cadastral engineer;
• section of the site;
• paperwork and registration process.

Division of land
To divide a plot of land, you need to contact a company engaged in geodetic activities. Such companies are private, so it is necessary to ensure that they have a license to carry out the work in question. It is also possible to contact the cartography and cadastre department at the local level.

Specialists draw up approximate versions of site plans that will be created; they are based on an extract obtained from accounting records from the State Property Committee. The extract is issued on the basis of the drawn up agreement.

Drawing of land plots and their parts

Questions often arise related to the division of an allotment in kind. This procedure is associated with the division of an allotment through land surveying. The section is made on the ground, so it got its name in kind.

To do this, specialists with the necessary qualifications go to the area to be divided and, using special equipment, mark survey lines. Marks are made in accordance with the previously drawn up plan.

The process is carried out quite carefully, a small error is allowed, which completely depends on the area of ​​the plot. For each category of land, an error is established in accordance with the standards.

Land division plan

For example, when it comes to lands located within the boundaries of settlements, it cannot exceed more than 10 cm.

Persons performing geodetic activities, having established the area of ​​the site and its boundaries, distribute boundary markers and corresponding lines at turning points. Next, the corresponding boundaries of the plots are drawn along such lines.

Fixation and certification of boundaries is carried out by all persons who have an interest in this issue. Such persons are understood to be the owner of the boundary plot and his neighbors.

To submit land surveying acts, an act is drawn up and handed over to the owner of the land. Their locations are marked on the survey plan diagram and cannot change over time. If such signs are changed, the violator is subject to a fine.

At the legislative level, the process under consideration is regulated by the Land Code and other acts adopted at the regional and federal levels.

How to divide a plot with a house between two owners if one does not agree

If the second owner does not agree to divide the plot on which the house is located, contact the judicial authorities to protect your interests.

Prepare a statement of claim containing the following information:

• Full name and contact information of co-owners;
• characteristics of the land plot (location, area, intended purpose, cadastral registration number);
• sizes of plots formed as a result of division;
• compliance with pre-trial dispute resolution procedures;
• reasons why the co-owner refuses to separate the territories.

You can file a statement of claim yourself, using ready-made samples available on the Internet, or seek help from lawyers specializing in such cases.

To support your arguments, please attach the following documents to your application:

• a document confirming the registration of the site with the cadastral authority;
• a paid receipt for payment of the state fee for consideration of the case;
• documents confirming ownership of the disputed area.

A positive decision on the division of a plot in the presence of a residential building is made by the court if, as a result of separating parts of the common territory, it is possible for each owner to have unhindered access to his half of the house.

Examples of situations

The question arises in situations where the land is in common joint or shared ownership: when dividing the property of spouses after a divorce or when inheriting land by several heirs. And sometimes the only owner wants to split his property into several parts to achieve some of his goals.

Example 1.

The Kanareikin brothers inherited a house in the village and vast agricultural lands after the death of their father. Fyodor Kanareikin decided to continue his father’s business and start farming, and his brother Ivan wants to sell his share and buy an apartment in the city.

Example 2.

Several years ago, Stepan Petrovich, on occasion, bought a large piece of land on the outskirts of the village. And now the city has grown, and active housing construction is underway in the neighborhood. So Stepan decided to split the plot into several and sell it to the townspeople for the construction of cottages.

Dividing the land: when you can and when you can’t

In accordance with current legislation, the division of a land plot is a procedure in which several new plots are formed, and the original one ceases to exist. But not all landholdings are divisible.

The division of land is permitted subject to the following conditions:

• the original intended purpose of the land should not change (the dacha plot does not have the right to turn into agricultural land);
• the area of ​​the resulting plot should not be less than the minimum norm established by law (you cannot divide 6 acres into 100 plots of 6 meters each);
• each formed territory has an entrance or passage;
• There is no legal prohibition on manipulation of land or encumbrance (seizure) on it.

There is a requirement to comply with the minimum size of a land plot during division, but this size differs from region to region, since it is set by regional authorities

By the way : How to find out who owns a plot of land?

Let's sum it up

Dividing land ownership into two or more parts is usually quite feasible. Just remember that the minimum area of ​​land during division must comply with the standards established in the region. Thus, for growing a vegetable garden, the size of the plot is usually set at least 4 acres, and for country house or housing construction - at least 5 acres. Please check with your local administration for the specific minimum permissible landholding size.

About the author of the article

Elena Turkina Practicing trial lawyer. Lives and works in St. Petersburg.