Division of land in 2021 - rules and instructions

The division of land plots involves their technical and legal differentiation into two or more land use objects. The procedure is carried out both in conciliation - with the consent of the owners, and in court. The process is necessary when a land plot has two or more owners and it is technically possible to divide the property in kind, to provide for each user a separate plot, with cadastral data. The procedure for dividing land is specified in Art. 11.2, 11.4 Land Code of the Russian Federation.

The maximum and minimum sizes of plots are determined on the basis of the Town Planning Code of the Russian Federation, development plans and local acts. To divide the land into two owners, including by shares, it is necessary to carry out land surveying. The procedure is entrusted to a cadastral engineer from a licensed organization. The work is carried out under a contract, indicating specific deadlines for completing the land survey and defining the boundaries of newly formed objects.

IMPORTANT: If a plot has signs of being indivisible, then it is not possible to divide it either judicially or voluntarily. Find out more about undivided land in a separate publication.

Note: A specialist establishes the boundaries of land plots using special equipment and in the presence of property owners, as well as neighbors of adjacent plots. According to the Land Survey Instructions dated 04/08/1996, which is still in force today, representatives may be present by proxy during the procedure for determining and clarifying the boundaries of plots.

The cadastral engineer draws up a drawing, an act of determining the boundaries, which must be signed by the owners of the newly formed objects and (or) their legal representatives. The cadastral passport will be a mandatory document for submission to all possible authorities.

Is it possible to divide a plot of land into two?

The possibility of dividing land into 2 owners is provided in the case when there is a technical possibility for the division and the owner of the land plot has issued title documents for the object.

Partition may be demanded by heirs by law and will, who became co-owners after the death of the title owner of the plot. Spouses can also divide a plot as part of the division of property during marriage or after a divorce.

Access and passage must be provided for each site. In exceptional cases, after dividing the land into 2 plots, it is possible to establish a paid public and private easement by agreement or in court.

An easement is the right to limited use of someone else’s land. For example, through passage to your territory.

For example: Co-owners Ivanov and Petrov decided to divide the land plot. But the configuration of the borders was such that in order to fully operate all the structures on their site, the Petrovs had to drive through the land plot allocated to Ivanov. After several conflicts, the parties agreed to establish an easement: the procedure and conditions for the passage of vehicles through Ivanov’s site to Petrov’s site.

Important: If the share owners agree to the division, then it is enough to draw up a written agreement. The law does not provide for compliance with the mandatory notarial form of such a document when registering it. But for the sake of legal reliability of the transaction, it is advisable to have the agreement certified by a notary, and only then register changes in ownership in Rosreestr.

The division of a plot between owners should be distinguished from the allocation of a share from a common land use object. When divided, two plots lose cadastral numbers and new objects are formed. If a share is allocated, the original land use is retained. The share converted into land equivalent is converted into a separate plot, it is assigned a new cadastral number and other information. Division is possible if the previously intended intended use of the property is preserved.

If you refuse to partition and evade the procedure, the interested person will have to file a statement of claim in court. If obstacles arise from government agencies or local governments, then an administrative claim must be prepared.

Before you start dividing the plot, find out the requirements

Not every plot of land can be divided. The requirements for the site are listed at this link, everything is written there in detail.

The section is governed by Article 11.4. Land Code of the Russian Federation.

If you need free legal advice, write online to the lawyer on the right or call (24 hours a day, 7 days a week): 8 (Moscow and region); 8 (St. Petersburg and region); (all regions of the Russian Federation).

How to divide a plot of land into two plots through the court

If a claim is filed against a private person or organization - a co-owner of a participant, then the application should be prepared according to the rules of the Code of Civil Procedure of the Russian Federation - Art. 131-132. When appealing the actions of state and (or) municipal authorities, an administrative claim should be prepared according to the rules of Art. 124-126 CAS RF. What matters is whether a preliminary survey of the land plot was carried out and whether the co-owner agrees with the previously established boundaries.

Example: If a land survey was carried out, and the second owner signed the act, received the land survey document, but refuses to sign the agreement, then the chances of a positive resolution of the case, given the reliable technical parameters of the site, will be high.

In this case, the desire of the land owner to allocate his share is sufficient to initiate a judicial division of the land. It does not matter what reasons prompted him to do this - the owner has the right to dispose of his land within limits that do not violate the rights and interests of third parties.

Contents of the claim

If the co-owner refuses to participate even in land surveying, against the division as a whole, then the plaintiff will need to prove the feasibility and technical feasibility of the procedure.

For this, according to the rules of Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation, a statement of claim is prepared and submitted to the district court at the location of the land plot. In this case, the place of registration of the defendant does not matter at all - all disputes regarding real estate are considered exclusively at its location.

The statement of claim must indicate:

• name of the court;
• information about the plaintiff - full name, place of residence, name of the legal entity (if an organization applies to the court);
• information about the defendant - full name, place of residence, legal address of the company;
• information about third parties - cadastral engineer, local government bodies, land chamber specialists, etc.;
• the price of the claim, if it is stated by the plaintiff;
• grounds for ownership of the plot, information about the date of registration of rights, owners;
• a description of the preconditions for the conflict, possible options for pre-trial division and the reasons why it is not possible to voluntarily divide the plot;
• links to evidence, documents, judicial practice;
• requirement to divide the plot indicating the size of the shares and other features. If a selection in kind is required, new boundaries and technical information are indicated;
• list of attachments to the claim;
• date of preparation of the document and personal signature of the applicant or his representative.

The main emphasis in the claim should be on the technical feasibility of the division and the suitability of the site for the purposes of use. If necessary, the parties have the right to initiate a land management examination. A request for its holding may be submitted along with the statement of claim.

Sample claim for division of land

Taking into account the specifics and increased complexity of land disputes, it is strongly recommended to involve an experienced lawyer in drawing up the application. This will allow you to avoid gross mistakes and help you argue your position as convincingly as possible.

For review and general information, below is a sample claim for division of a land plot in kind. You can use it to prepare documents yourself, but don’t forget about legal assistance!

Documentation

The following documents must be attached to the claim:

• a copy of the applicant's passport;
• a copy of the survey file, if the site survey was carried out before going to court;
• title and technical documents for the land plot: extract from the Unified State Register, cadastral passport, boundary plan, etc.;
• other written documents confirming the plaintiff’s position - for example, the results of a previously completed land survey;
• receipt for payment of state duty.

Documents can be submitted at the pre-trial stage. There, the parties clarify the range of circumstances to be proven and present each other and the court with the necessary evidence.

All applications can be submitted in copies, but it is important to come to court with the original applications - the judge may request them for review at the court hearing.

State duty

Its amount directly depends on the cost of the claim. If it is not declared and the property claim is not expressed in monetary terms, then you must pay 300 rubles for filing a claim.

IMPORTANT: Court practice remains ambiguous. A number of courts require payment of fees according to the above calculation mechanism. If the plaintiff’s claim is not related to obtaining material benefits, then the fee cannot be calculated using the table above - you will only need to pay 300 rubles.

The statement of claim should be filed in the district court at the location of the defendant. If division of a plot of land is necessary between commercial organizations, then the claim must be drawn up according to the rules of the Arbitration Procedure Code of the Russian Federation and submitted to the arbitration court of a constituent entity of the Russian Federation.

The legislative framework

The main document on the basis of which a plot of land is divided is the Land Code

.

So, in articles 11.2, 11.4

it is said that the division of a plot is a type of cadastral work in which two or more were formed from one plot.

The law establishes the minimum permissible dimensions of the areas formed after the division.

The minimum size of a plot that is used for farming is determined by local authorities and fixed by legislative acts.

For other types of plots, permissible minimum and maximum sizes are established in accordance with the documentation (urban planning, design, etc.) and land use and development rules.

From the point of view of the law, the plot can be divided between the owners on a voluntary basis by concluding a peace agreement.

The presence of disputes regarding the upcoming division procedure is grounds for going to court. In this case, the division is carried out by court order.

How to divide a plot of land into two plots by agreement of the parties

For the section you need:

• agree with co-owners on land surveying and establishing its final boundaries;
• use the services of a cadastral engineer and draw up a land survey that involves the formation of two real estate properties.
• sign the agreement and, if necessary, formalize it with a notary.

Land surveying is carried out in the presence of the owners of the property, their representatives, as well as neighbors of adjacent plots. Upon completion of the formation of boundaries and in the absence of a dispute over their determination, the cadastral engineer establishes boundary signs and prepares technical documentation.

Based on the land survey, the parties sign an agreement on the division of the land plot.

It states:

• date of transaction;
• information about the parties to the agreement, their passport details and other identifying information;
• detailed description of the section - indicating the boundaries of the formed areas, the purposes of their use, and the actual location.
• the procedure for dividing and transferring formed land plots.

In the survey file, the address of land use objects is not indicated, but the location of their actual location is indicated. To obtain an address, you will need to contact the land management department of the local administration with an application to assign the address of the land plot. A copy of the land survey case, agreement or court decision on the division of plots is attached to the application.

An agreement regulating the process of dividing a land plot must be signed by the parties. If the counterparty has a seal, then it must be affixed to the document. The law does not provide for a limit on the number of copies of documents. They must be prepared taking into account the need for one copy for Rosreestr.

Documentation

To formalize the agreement and register it with Rosreestr, you will need to submit:

• Passports of the parties to the agreement;
• Documents on land ownership;
• Cadastral documents and other technical documentation;
• Expert opinion on the possibility of dividing the land in kind;
• Receipt of payment of the duty.

Sample agreement

The sample voluntary agreement on the division of a land plot presented below can be used to draw up your own project. We strongly recommend that you consult with lawyers before preparing all documents, because Rosreestr will not allow an agreement with errors or conditions that violate the rights and interests of the parties to be registered.

Costs and fees

• When certifying signatures by a notary – 200 rubles. The terms of the agreement are not certified, since notarization of this form of transaction is not prescribed in the law of the Russian Federation.
• The fee for registering the transfer of ownership/making changes to the Unified State Register is 2000 rubles, when paying through State Services it is 20% cheaper. For organizations - 22,000 rubles.
• Expenses for conducting an examination, legal assistance - depending on the situation and taking into account the complexity of the case.

All expenses incurred by the parties are not reimbursed, but the parties to the agreement can agree on an equal distribution of costs for registration, examination and other needs.

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.