Land share: how to register, ways of use and procedure for registering a lease

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Many people confuse the concepts of “agricultural land share” and “plot”, identifying them. This is the wrong approach, because having a share in a citizen does not in any way guarantee the availability of a plot of land - to do this, you need to convert the share certificate into a real plot of land. Unfortunately, this does not happen automatically - the owner must do this himself.

What is a land share?

A land share is a land ownership right that is issued to a specific citizen, usually land of agricultural importance. The difference from a regular plot is that the share before registration does not have a clear territorial location, since it is allocated from the total mass of state land.

IMPORTANT! The basic law that regulates all issues related to the share ownership of land is Federal Law No. 101 “On the turnover of agricultural land.”

Simply put, a land share is an abstract right to land, secured by a certificate. Until the owner privatizes it, no transactions can be made with this land.

Who are the shares issued to?

Most land shares are intended for agricultural purposes. They were issued mainly to people who, before the collapse of the USSR, were employees or managers of state and collective farms, which were disbanded after 1991.

The second large category of owners are social workers and some other civil servants. Land shares were provided to such owners as a benefit or additional security measure for various reasons. Those citizens who lived in rural areas and could exercise the right of ownership with benefit for themselves and for the country's economy also received their plots.

Who buys them

Land shares have the right to receive:

1. Members of collective or state farms.
2. Residents of rural areas - once.
3. Heir of a member of an agricultural enterprise.
4. Social workers working in agricultural enterprises.

Important! If, after three years of ownership of the share plot, it has not been used for its intended purpose, then the local municipality authorities have the right to seize it and recognize the share as ownerless.

The process of issuing shares was completed in 1998 , but it is possible to become its owner through a civil transaction.

Legislative regulations in 2021

Everything related to shares in 2021 is described in Federal Law No. 101. Particular attention of the state is aimed at controlling who and how many share rights to state land are issued, as well as using them for their intended purpose. During the functioning of the Russian Federation as a separate state, bills appeared that in every possible way limited the misuse of shares or being in property without registration.

IMPORTANT! According to Art. 1 Federal Law No. 101 “On the turnover of agricultural land” the main (but not the only) condition for owning a plot based on the right to a share is its intended use - that is, for agricultural purposes. Such a requirement is made by the state in order to protect agricultural potential.

There are other restrictions that must be taken into account when planning your interaction with this type of shared ownership. The most important of them is that even a registered land plot can be taken away for inappropriate use - this is regulated by Art. 6 Federal Law No. 101.

Main restrictions for owners of land plots:

1. Privatization is possible at the request of the owner and if he has the funds, but not every plot can be registered in this way.
2. Foreigners cannot either use such land or privatize it - this is necessary to preserve the ownership of state land for citizens and prevent the mass purchase and maintenance of land by large foreign owners (Article 3 of Federal Law No. 101).
3. The boundaries of the plot depend on the area in which the share is allocated, but the maximum possible share is always at least 10% of the total land in a particular region (Clause 2 of Article 4 of Federal Law No. 101). Within these values, government bodies of the constituent entities of the Federation can independently determine the size of allotments.

Owning a share, subject to registration, is not much different from owning any other property (except for the restrictions indicated above). The owner can independently choose how to dispose of the land in shared ownership, and after privatization (acquisition of a share in personal ownership), these prohibitions also disappear.

Price

The cost may depend on various factors and parameters. If a share of land is purchased for construction work, then the main criterion that will determine the price of the share is the location of the site. If it is located outside the city, then its cost will be much higher.

If a share is purchased for further agricultural use, then the cost will be determined by the following factors:

• The total area of ​​the land plot.
• How fertile is the soil?
• Distance from infrastructure.

The average price of a share plot ranges from 50 to 250 thousand rubles per 1 hundred square meters. The shareholder has the right to sell his share at any established price.

It is important to consider one point.
By law, if the owner of a land share decides to carry out a transaction to sell it, he must notify the municipality about this, since he has a pre-emptive right to purchase.
The owner of the share must submit a written request to the local administration indicating the size of the share, its location, and cost. If this condition is not met, then all further transactions will be illegal.

If the municipality refuses the purchase or does not respond within three months, the share can be sold to others. In this case, the price of the object should not be less than what was indicated in the letter. Otherwise, a fine may be imposed on the owner or the transaction will be considered invalid.

Ways to dispose of land shares

The main purpose of a share from the point of view of its owner is profit. The realization of this profit can be carried out in a variety of ways. The main proposed method is to use the land for its intended purpose, that is, for agriculture. After you have been allocated a plot of land in a specific region based on the right to own a share, you can start working on it - use it for crops, etc.

But this method is not suitable for everyone. Agricultural work is not an easy task, to which you need to devote all your time, while having certain skills. A citizen with a share who does not live in a rural area will most likely not engage in such activities to the detriment of his main activity. This option is chosen by those who are engaged in farming - as a rule, such entrepreneurs have several shares, depending on the size of the farm.

IMPORTANT! Shares can be inherited. But it is important that the heirs themselves know about the existence of the right to a land plot - otherwise they may miss the deadline for filing an application to inherit the share and it will become the property of the state, being considered unclaimed.

The second popular way is to sell or rent. Such rights are available only to those citizens who have registered their share in a specific area - that is, they have received its location and boundaries. You can freely dispose of your right to ownership, including selling land that is not needed. Otherwise, withdrawal may still occur, but due to lack of demand or misuse.

Use of agricultural share for other purposes

This option is only possible if the owner of the share wants to privatize it - that is, re-register it as personal property. It is important to understand that this is not always possible, so before you begin implementing such a plan, it is better to find out in advance whether this is possible in your particular case.

Owned land is exempt from all restrictions imposed on it by law. You can sell it to a foreign person, you can use it for any purpose, not just agricultural. The most popular way to sell a plot of property is to build a residential building on it with all the associated surroundings.

How to purchase

A share of a land plot can be purchased without carrying out the necessary work. It is enough to indicate in the contract the size of the share, information about encumbrances (if any), including the deadline for transferring the land share. The contract must be accompanied by a diagram of the plot of land, without marking the boundaries.

ATTENTION! It is most profitable to purchase a dedicated plot of land with already marked boundaries, its own plan and cadastral value.

You can receive an allotment in several ways:

1. Buy.
2. Receive an inheritance.
3. Receive as a gift.

There are situations when a person wishing to purchase shared land is not aware of its exact location. How to find out where the site is?

To find out the coordinates of the plot and its boundaries, you need to contact a cadastral specialist (engineer) at the location of the land plot. Based on data from the cadastral authority, he will accurately identify a plot of land with reference to its location.

Lack of demand for agricultural land

The state is interested in ensuring that most of the land that was allocated as agricultural land in 1991 remains in this status. It was assumed that a large number of private landowners who would grow crops on allocated shares would have a beneficial effect on the country’s economy.

This leads to one of the main points that protect state land from inappropriate use - the plot received under the right to a land share must be used for agricultural purposes. This rule can only be circumvented by purchasing the land as personal property.

If the owner did not do this, and also did not enter into a contract of sale or lease of his share, the land is considered unclaimed by the state. In the case where the owner has not registered the plot at all for a long time and only has the right to a share, the same applies.

Land shares on collective farms, problems and questions

Allocating plots of land to citizens not only provided the opportunity to use the land, but also brought some problems . Not all village residents planned to effectively manage their lands, as planned under the program. Many did not have the opportunity to cultivate these plots. In some cases, land could be inherited or donated to city residents who did not need it.

And today the problem of finding land plots for citizens who do not need them continues. In order for lands to be used for their intended purpose, it is necessary to ensure control over the purchase and sale of land and the use of these plots.

Problems often arise when allocating a plot with other owners. Every owner wants to get the best territory, located closer to the forest or lake.

Legal disputes often arise with land plots.

Example:

Dispute in the city court of Gatchina, Leningrad region. Its essence boils down to the fact that the plaintiff files a claim for recognition of rights to a share, and the defendant in the case is the joint-stock company. In this situation, the original property document was lost. According to the judges, when collective farms are reorganized, land shares automatically transfer to the authorized capital of the new company. With the help of lawyers, we managed to restore ownership of the land share. The decision was justified by the fact that the legislation in force for the period of 1992 did not provide for the reorganization of collective farms by transferring land to new joint-stock companies without allocating shares to former employees. Contribution of a share to the authorized capital of a joint-stock company can only be made upon a written application from the owner. There is not a single legal norm that speaks about the automatic transfer of plots. In this situation, the plaintiff did not sign any statements and was not invited to the constituent meeting. The dispute was resolved in favor of the plaintiff.

Disputes arise not only over the registration of ownership of plots, but also over the definition of boundaries.

For example, a court case about borders with a collective farm:

The citizen was allocated a land share in 1993, all the time he used it for agricultural needs, cultivating it annually. And in 2002 I decided to register it as property. During the land survey, it turned out that part of his plot extends onto state farm lands. Property registration was refused. To resolve the issue, I had to go to court. The owner of the site needed to collect evidence that he had been using the site for its intended purpose for a long time; there were outbuildings on its territory. The court's decision was made in favor of the plaintiff.

Thus, in order to fully enjoy your land share, it is imperative to allocate it from the total share .

Despite all the difficulties and long processing times, having a land share has its advantages. The main advantage is generating income from the site. This can be either income from sale or rental, or direct income from agricultural activities.

The process of privatization and allocation of shares: main features

Privatization is the final stage, the acquisition of land (determination of value) and its release from state status. As a fact, privatization is possible only after separation (registration).

Read more about how the value of a land share is determined in our article.

Allocation of a share is a process that allows you to convert the right to an abstract plot of land into the right to use a specific plot under the law. After completing all the necessary actions, the owner is left with an allotment that he can use within the framework of the law or privatize.

How to achieve allocation of a share?

Local authorities will deal with this. For example, in rural areas you need to find a local administration, where they will tell you how to proceed. The main task at this stage is to declare and confirm your ownership of the plot.

Required documents:

• application for the allocation of a share - written according to the sample on the spot or in advance;
• identification documents (for verification);
• papers that confirm your right to own a share.

Please note that if you received a share by inheritance, then first you should transfer the right to it to yourself. Without this, the share will be considered the property of the deceased and local authorities will not help you allocate it in any way.

Submit your documents to your local government and wait for a decision. If the decision is positive, you will be given your plot in kind. At this stage, you will already know exactly where it is and what boundaries it has.

The next stage is to determine the technical characteristics for the site. Since it has only been allocated, there is no technical documentation for it - it must be completed independently by contacting a special organization - land management. After paying for their visit and measurements, you will receive documents in your hands.

The last stage is certification of ownership of the site with technical documentation. All that remains is to take the site documents for certification. For these purposes, you can choose either a government agency (the subject of registration of rights in your region) or a private specialist, a notary. Payment is required in both cases, and the notary will cope with the task much faster.

How to privatize a share?

Once you have secured the allocation of a share, it is considered formalized - that is, it cannot be reorganized, but you, as the owner, are still subject to legal restrictions. To remove them, you need to go through the privatization process.

As soon as you re-register the plot as private property, you can do whatever you want with it - buy a modular house for installation, begin full-fledged construction, use it for a variety of purposes.

During the process, you will have to pay for the procedures necessary to register the site outside state ownership:

• creation of a cadastral plan;
• land surveying (translation of abstract hectares into real boundaries);
• obtaining personal documents for the site with changes from the previous paragraphs.

After this, there will be no problems with the land - it will be possible to perform all the manipulations that are available for ordinary property. If any errors or inconsistencies arise, you must go to court.

How to sell a land share?

Since not all of their owners can and want to use share plots for their intended purpose, procedures for the purchase and sale of such property are very popular. In order to sell your plot, you must first find a buyer.

Read more about how to sell a land share in our article.

If your share of agricultural land is allocated in an area that is most suitable for agriculture, then an offer to buy it may come from someone who wants it - often business owners or those who plan to become one pre-purchase the land for its intended use.

If you have not received such an offer, then submit a request yourself, using online platforms or regular advertisements. You can also independently look at the advertisements of the other party, where buyers list the requirements for the location and size of the plot.

IMPORTANT! Remember that you cannot sell your share to a foreigner - only to a citizen of the Russian Federation. Otherwise, the transaction will be considered invalid.

Such a purchase and sale transaction is drawn up in the same way as a regular one. After its completion, you lose all rights to the allocated area. The purchase of a share of agricultural land by you from another person will be carried out in the same manner.

Recognition of the share as unclaimed

The responsibility for carrying out this procedure is assigned to local authorities (clause 3 of Article 12.1 of Federal Law No. 101 of July 24, 2002).

The administration of a village council or urban district, which includes agricultural land, creates a list of unclaimed land shares that fall under the grounds specified above.
Afterwards, the local government body in whose department the agricultural plot is located, which includes such plots in its total area, officially publishes this information in a printed publication of regional significance, on its website and posts similar lists on public information boards in the locality.

The village council must complete this entire procedure no less than three months before the date of convening the general meeting of land share owners . Then the village council specialist must present the register of unclaimed land shares to the meeting of owners for approval.

If the owner of an agricultural share considers that his land is on this list unreasonably, then he must send his written protest within this three-month period to the local government authority in the area in which his property is located. And at the meeting of the council of owners of land shares, make public the evidence he has of his rightness.

If, nevertheless, the general meeting recognized the owner’s land as unclaimed, then the courts will deal with this issue after writing a statement of claim to their address.

ATTENTION! The moment when land plots are recognized as unclaimed is considered to be a positive decision taken by the general meeting regarding the list put forward by the administration.

If, after a four-month period, such a decision has not been made by the participants in the general meeting, then the executive body of the local government is entitled to independently approve the list of unclaimed land shares created by it.

Who manages unclaimed land shares? This prerogative is vested in municipalities after completing all registration stages of legitimizing these land areas.

How to check a plot by cadastral number?

During the registration process, you registered the plot of land with the cadastral register - otherwise, it would seem that it would not exist in the legal field, so it is somehow impossible to skip this stage. Verification by cadastral number is necessary to ensure that the registration operation is completed.

IMPORTANT! If you don't want to do the inspections yourself, you can pay a private organization to do them. But this is more true if you are a buyer rather than a seller.

The entire procedure is now available online. To check, you need to go to the Public Cadastral Map - information is available there about all the plots that have ever been registered in the cadastral register.

How to use:

1. Enter the exact address of the site in the line located in the left corner.
2. If you don't know the address, find your site manually on the map by zooming in.
3. Find your site and see what number it is listed under.

The public cadastral map is not an official website, so you can only get information from there for personal use. For documentary confirmation, you will need the Federal Service for State Registration of Cadastre and Cartography (Rosreestr).

Privatization of plots

Shares are subject to mandatory privatization . The registration process includes several steps:

1. At the very beginning, you need to submit an announcement to the media about your intention to allocate an allotment from common property. The advertisement is submitted to regional and district newspapers. It should contain all information about the site and the date of the meeting.
2. The second step is to hold a meeting and sign the minutes. The meeting shall be held no earlier than 30 days after the announcement was published.
3. Concluding an agreement for land surveying and drawing boundaries. The result will be obtaining a land deed.
4. After the land surveying procedure, the documents are submitted to obtain a cadastral number.
5. The last step is to register ownership of the site.

The process of privatization of land shares is very long. The minimum period is six months, the maximum period in practice can reach 12 months.

Transactions with land shares

You can make transactions with a share in 2021 in any legal status (except when it has not yet been allocated). In addition to the standard purchase and sale, it can be rented out.

Renting is one of the most profitable ways to make some profit from a share. Typically, land is leased for the agricultural activities of a large entrepreneur (both a legal entity and an individual).

Such a lease is formalized in exactly the same way as a regular one, with the exception that it will not be possible to conduct activities on the site that are not provided for by law (construction, for example).

How to dispose

The owner of the allocated land share has the right to dispose of it at his own discretion, if these actions do not violate the norms of land legislation. The main transactions performed may be:

• Purchase or sale of shares.
• Exchange for other property.
• Rental. A lease agreement can be concluded for any period of time and must be registered with a government agency if the transaction period is more than 1 year. The payment for the leased share is established by both parties by agreement and cannot be changed unilaterally.
• Give for use.
• Pawn.
• Give or inherit as a gift.

Most often, a share is rented out or given for temporary use in order to make a profit. It can also be used as the authorized capital of a legal entity (joint stock company, as well as a consumer or production cooperative).

IMPORTANT! Registration of a share, as well as transactions made with it, are subject to taxation, the amount of which depends directly on the cadastral value of the plot. Moreover, its value should not be less than 1000 rubles.

Donation

This opportunity will appear only after registration. If you have a land share in a rural area in Russia (or any other), and you want to transfer it to a third party, then you will need to complete the following procedure:

• checking the relevance of your own rights to the share;
• allocation of land based on these rights;
• registration of the site in accordance with all the rules - so that legal procedures can be carried out with it.

Immediately after this, you can draw up and sign a gift agreement, which implies the free transfer of the plot to a third party.

Decor

ATTENTION! In order for shared land to be recognized as the property of its owner, it is necessary to undergo state registration.

To acquire the status of owner of a land share when purchasing it, you will need to draw up an agreement on the completed transaction . Next, you need to provide the registration authorities with the following documents:

1. Copy of the passport.
2. Consent of the spouse to conduct the transaction, which is notarized.
3. Authority to use the land share.
4. Statement.
5. A document confirming payment of the state duty.
6. Copies of notifications to other shareholders about the planned sale of the site, as well as confirmation of their sending.

After providing all the necessary papers, the Rosreestr employee issues a receipt indicating the list of documents received, the date and time of applying for documents that will establish the right to share land.

The next step will be to allocate a share of land in the area . For this purpose, an application is submitted to the management of the agricultural enterprise. The document indicates the size and location of the share. Then the area is surveyed. In general, the entire procedure for registering ownership rights to a share plot takes from 1 to 2 months.

Registration of an agricultural share as an inheritance

Receiving a land share as an inheritance is not much different from accepting ordinary inherited property. The heir can receive it only upon the death of the testator as a compulsory share or by will.

As with any other property, the heir has the right to refuse the inheritance or simply not register it in his own name - after six months the plot will be recognized as unclaimed and will return to state ownership. This decision is made if obtaining a plot of land is not worth the effort - it is inconveniently located, the heir does not need it, or there is a tax. If you can’t decide, a few tips from lawyers – lawyers and notaries – will help.

Do I need to pay tax when allocating a share?

The question of whether it is necessary to pay tax for a land share is regulated by Article 389 of the Tax Code of the Russian Federation. Individuals and organizations having the right of ownership, possession and perpetual use pay a tax, the amount of which is determined by the cadastral value of the land plot.

When concluding a lease or purchase and sale agreement, an independent calculation of income is made, the taxes on which are transferred to the state treasury within the prescribed period. The amount of income is indicated in the 3-NDFL tax return.

How to find out property by name

In addition to land shares, which began to be issued in 1991, in the process of reorganization of collective farms, property shares began to be allocated from 92-93.

A land share differs from a property share in that it could be received by any member of the collective farm, without taking into account the degree of value of the contribution that he made to the development of his organization.

Owning a land share provides great opportunities to dispose of your rights:

• Receive profits from the results of cultivating land and harvesting crops and their subsequent sale. It is possible to issue profits in kind.
• The share can generate income from its sale or exchange for other property.
• The share is given as a gift or inherited.
• The land can be used as collateral or contributed to the authorized capital of the cooperative.
• Income in the form of rent.
• Transfer to trust management.

Shares are not always used and controlled by the owners. Most of the territories for agriculture remain unclaimed.

According to current legislation, in the absence of any orders regarding the share within 3 years, it falls into the category of unclaimed.

Legal grounds for recognizing an unclaimed share have appeared relatively recently and include the following parameters::

• The unit holder is not installed.
• The owner died, and there was no one to inherit the land.
• In the event of the death of the shareholder, the heir does not have the right to re-register the property or refuses the inheritance.

If the owners of the share are identified, the lack of demand for the land can be protested in the following order:

1. An application is written to the local administration.
2. The decision of the owners at the general meeting establishing the lack of demand for the share can only be challenged in court.

The process of privatization and allocation of shares occurs in the following order:

1. Information about the planned allocation is published in the region's print media.
2. A month later, a meeting of shareholders is held to agree on the parameters of the allocation.
3. It takes quite a long period of time to organize and carry out land surveying, up to 2 years.
4. After surveying, the boundaries and forms are agreed upon with the owners of adjacent lands and representatives of the land committee. Verification and approval of the boundary diagram takes a 30-day period.
5. The basis for considering the approval process completed is the receipt of a conclusion on the compliance of the plan with the provisions of the law.
6. The site is registered according to the cadastre and assigned a unique number. Cadastral documentation, a passport, and a plan of the allotment allocated in kind are drawn up.
7. The plot undergoes state registration, and the owner receives a confirming certificate.

When starting registration, you should prepare for a long process in compliance with the conditions for allocating a share.

In the process of registering an allocated share, important measures are taken to determine the location and boundaries of the allotment.

As a result, the share takes on concrete expression in the form of a clearly defined territory, which is registered in the cadastral register and registered in the database with a unique cadastral number.

From the digital combination presented in the cadastral number, you can find out the main characteristics of the site, its features, purpose, etc.

Since information about land registered in the cadastral register is freely available, to receive an answer to a request, it is enough to know the plot number.

• Size of land expressed in sq.m.
• Cost according to the cadastre (needed to determine the amount of property tax).
• Purpose of land use.
• Accurate location determination.

The combination of the assigned number allows for a preliminary decoding of the main characteristics of the land:

1. The first 2 digits are responsible for designating the subject of the Federation in which the plot is located.
2. The 3rd and 4th digits indicate a specific district.
3. The next 6 digits indicate belonging to a specific quarter.
4. The exact location of the site is indicated by the last digits of the number.

Site information can be checked online within minutes. Just enter the number in the search bar on the Rosreestr website in the section of the Public Cadastral Map.

Do not underestimate the importance of land shares, even if the current owner of the share is not directly related to the enterprise engaged in the cultivation of all territories included in the common property. The share can be sold, rented, with the receipt of the corresponding income agreed upon between the parties to the transaction.

Having received ownership of a share, you can make the following types of transactions with shares and orders with it:

• Draw up a purchase and sale agreement, transferring the share to an interested person or organization (collective farm, farming, or another shareholder).
• Donate land. In this case, the purchase and sale agreement should not be replaced by a deed of gift, since otherwise the share will be alienated without any payment obligations on the part of the new owner. In addition, identifying a substitution leads to liability.
• Allocate a share in the form of a specific plot, or as part of the ownership of a part of the shareholders. After the allocation of the sole share, the shareholder becomes the full owner.

To formalize the sale and purchase, in addition to the contract itself and the application requesting renewal, you will need to prepare the following documents for the transaction:

• personal documents of the parties to the transaction (original passports and photocopies);
• consent to the transaction from the second spouse, certified by a notary, if the new owner or seller is in a marital relationship;
• title documents for the property;
• supporting documents indicating notification of the remaining shareholders about the planned sale;
• payment document indicating payment of the duty.

For a successful sale, the shareholder's intention alone is not enough. The right to transfer property in favor of another owner is possible only if the administration has rejected the offer to buy the land.

Presidential Decree

Decree of the President of the Russian Federation (March 6, 1996, number 337) “On the implementation of the constitutional rights of citizens to land” allows a participant in shared land ownership to perform the following actions with it (without prior agreement with other shareholders):

• present;
• transfer to the participants of the annuity agreement and life maintenance;
• pledge funds against banks and other interested organizations;
• transfer to heirs (by will or by law);
• organize your own business for growing agricultural products on a designated plot;
• sell;
• exchange for a land share located in a third-party farm;
• rent out for a long time;
• contribute to the authorized funds of relevant organizations;

The shareholder can act differently - rent out his plot without allocating it. This is what most shareholders do when they have issued ownership documents: their shares of land are used in productive agricultural production as a whole.

On these lands they receive products, part of which the tenant pays off with the owners of the land shares. Payment terms, quantity and list of products are shown in the rental agreement.

If the owner of the share wants to independently cultivate his land or lease it to an individual entrepreneur, he needs to begin the procedure for allocating a land plot from the main land mass.

How to return ownership of a land share that has become unclaimed

There are cases when shareholders refuse to recognize the fact that property is classified as unclaimed. The legislation provides for a challenge procedure ( clause 9, article 12.1 ).

Challenging algorithm:

• at the meeting approving the list of plots falling into the category of unclaimed, or within three months after its publication, the owner must express objections in writing. For the greatest effect, it is allowed to express opinions both at the meeting and by submitting a written statement;
• file an objection with the municipality that initiated the creation of the list;
• if this does not have an effect, or if the three-month period is missed, the owner of the share has the right to go to court. The claims are to exclude the plot from the category of unclaimed and return the right of shared ownership to the plaintiff. The trial procedure is simple and usually ends in a positive decision on the claim.

In addition to the owner himself, his legal successors can do this if they accepted the inheritance. Proof of the transfer of rights is a certificate of inheritance received from a notary, or an application for acceptance of the inheritance, if the six-month period for entry has not yet expired.

New legislation

The Law “On the Turnover of Agricultural Lands” introduced rules according to which the share applies to lands unclaimed for agricultural purposes. The areas covered by this law are:

• which have not been used for three or more years;
• were not leased during this period;
• there is no information about the owner at the time the land share is privatized;
• there is no one to inherit the right to the plot after the death of the recipient, either by will or by law;
• the heirs refused to accept the share after the deceased;
• heirs are officially recognized as unworthy, but there are no others.

Note : if during his lifetime the owner leased the land, then died, and there are no heirs, the share is also recognized as unclaimed, despite the existence of a lease agreement.

Thus, a land share falls into the category of unclaimed agricultural land if the owner of the rights to it is absent, and there is no information about him or his heirs after his death. Before the new law, there was no clear understanding of what to do with the land in this situation. Now there are rules that help prevent valuable land resources from becoming idle and becoming impoverished.

How can I get information about whether I have a land share?

• Checking the apartment upon purchase
• Land inspection
• Find out the cadastral value of real estate
• Checking an electronic document
• Checking order readiness

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• Property deduction - sample declaration
• Rent an apartment with pets
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It is impossible to determine the cadastral number of a land plot with only the owner's last name . The reason, first of all, is that in the region (country) where the land plot is located, persons with a similar surname may live. And the wider the search area, the higher the probability.

There are cases of coincidence not only of the last name, but also of the first and patronymic. Information can only be obtained at the site address .

The legislation also approved Law No. 152-FZ “On the processing of personal data of citizens.” Full name and details of personal documents cannot be made publicly available.

An identification number is assigned to each real estate property , the data of which is entered into the Unified State Register of Real Estate (USRN):

• when registering land plots in Rosreestr;
• when the Unified State Register includes data on the previously recorded property.

In most cases, the code that is assigned to a plot of land in the Unified State Register is needed by its owner. By requesting an extract from the Unified State Register of Real Estate, it is possible to obtain almost all legal information about the site :

• storage address;
• information about the owner;
• data on the encumbrances of the object;
• category of land to which the site is assigned;
• cadastral value of the land plot, which is taken into account when calculating the amount of land tax;
• storage area.

All other information about the land plot is not available to outsiders . Information can only be obtained upon receipt of a request from judicial or law enforcement authorities.

There are three ways to obtain an extract from the Unified State Register:

• contacting the local branch of Rosreestr;
• contacting the multifunctional center (MFC);
• or by requesting information through the government services portal.

To receive an extract in writing, you must submit an official application to Rosreestr or MFC. The request must include the exact location of the object for which data is required.

An extract from the Unified State Register is issued in writing, and its preparation usually takes about 4 working days .

When using an electronic request through the public services portal, the form is filled out on the website.

In the search window, enter the address of the land plot, its graphic coordinates, or conduct a search through the map.

searching and checking information

There are several options to find out about a citizen’s property.

In Rosreestr

Information about real estate is in the state register. Employees of the FKP Rosreestr can issue an extract from the Unified State Register of Real Estate - it indicates the full name of the owner, the address of the object, its cadastral parameters, possible encumbrances (arrest, pledge).

There is also an extract entitled “On the rights of an individual to real estate properties that he/she has.” The problem is that this certificate is not issued to everyone. Such an extract from the Unified State Register can only be obtained by the copyright holder himself or his representative (by notarized power of attorney).

Thus, find out about the property of an individual by full name

It won’t work through Rosreestr. You need to know at least the address or cadastral number of the property. If they are not there, an extract will not be issued.

Nowadays, Multifunctional Centers (MFCs) operate in almost every city and district. They are designed to make it easier to access government services. The applicant can order an extract from the USRN through such a Service. True, the MFC will also require the owner’s passport or a notarized power of attorney on his behalf. It is not possible to find out what is registered to a person just by their full name.

If you go to court and the defendant has property, you can use the standard procedure:

• File a claim.
• File a petition to the court to seize the defendant’s property.
• Give the documents to the clerk of the court office.
• If the trial has already passed, you can write an application to seize the debtor’s property to the FSSP.

Next, the court considers the petition. If, in his opinion, it is justified, the judge will give an order to the secretary, and he will issue a request to Rosreestr, the Federal Tax Service, the State Traffic Safety Inspectorate and other authorities in order to identify the defendant’s property. Found assets will be seized, i.e. will be unavailable for sale, rental, exchange and gift by the owner. At least until restrictions are lifted.

If the case wins in court, the plaintiff will be issued a writ of execution. This document must be handed over to the bailiffs. Based on an application from a citizen, bailiffs initiate enforcement proceedings. It will not be difficult for them to find out about a person’s property by last name. To do this, the bailiff sends requests to the Pension Fund of the Russian Federation, the Tax Office, banks, Rosreestr and other authorities. Institutions are obliged to respond and provide an information statement on the person of interest.

If you know the name of the debtor, you can contact his relatives and friends. Perhaps they are aware of his property status. Your social circle can be calculated, for example, using social networks.

Neighbors can also report about a person’s property: apartment, dacha, land, car, LLC. But getting this information is a great success. Rarely will any of their relatives and friends inform a stranger. We'll have to talk about the reason for the questions. And somewhere you can’t do without personal charm and the skill of persuading people.