Land share - what is it, how to allocate and register it, what can be done with it

In the Leningrad Region, the minimum size is one hectare (Clause 1, Article 3, Regional Law of the Leningrad Region dated December 2, 2005 N 107-oz (as amended on July 29, 2013) “On the turnover of agricultural land in the Leningrad Region” (adopted by the Legislative Assembly of the Leningrad Region) November 23, 2005) There are two options for allocating a share. The first option involves the formation of a land plot by allocating a land share on the basis of a decision of the general meeting of participants in shared ownership (Clause 2 of Article 13 of Federal Law 101). A land plot can be formed on the basis of a decision of the general meeting. Two conditions must be met: the meeting must approve the land surveying project, the list of owners and the size of their shares. At the same time, additional approval of the size and location of the boundaries of the land plot being formed is not required (clause 3 of Article 13 of Federal Law 101).

Law on the allocation of land shares

In this case, the size of the land plot is determined on the basis of the data specified in the documents certifying the right to a land share (clause 5 of Article 13 of Federal Law 101). However, the area can be either larger or smaller than the area indicated in the documents - it depends on the condition and properties of the ZSN soil (clause 5 of Article 13 of Federal Law 101). To determine the condition and properties of the soil, a study is required, a specialist’s conclusion is prepared, who can also calculate the cadastral value and quality score (this is an indicator that evaluates the influence of soil characteristics and properties on the productivity of the soil). The land surveying project is prepared by a cadastral engineer, and the customer can be any person (Clause 2, Article 13.1 of Federal Law 101).
The size and location of the boundaries of the land plot being formed must be agreed upon by the cadastral engineer (clause 6 of Article 13 of Federal Law 101) in the manner prescribed by Article 13.1 of Federal Law 101. Legislation Legislation carefully addresses issues based on the allocation of a land share and its disposal. An example is Federal Law No. 101 “On the turnover of agricultural land,” which states that a share owned by property rights can be used at will or sold. The legislation also provides that it is possible to own a plot of land without allocating it. In this case, it can only be used for personal purposes - direct use by the owner. If you select a share from a joint estate and receive a certificate confirming ownership rights for it, then the plot can be rented out, sold or inherited. How to separate a land share from common shared ownership? To organize the allocation of a land share, a lot of effort will be required.

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.

Allocation of shares in kind

• Real estate
• Land law
• Good afternoon. I am trying to allocate a share in kind and have used the services of a certain company. The procedure was as follows: 1) asked the district administration for information about free shared lands. 2) The cadastral chamber checked that the selected plot was free 3) carried out land surveying 4) submitted an advertisement (the first) in the newspaper 5) 30 days later they submitted the second 6) 30 days after the second they submitted the documents to the cadastral chamber and were refused. It turned out that during the period of our first advertisement, someone issued a cadastral passport (but did not take it and did not submit it to the registry office for a month and a half) for the plot we desired. We received a land surveying project for which a cadastral passport was issued by my competitor. From here I learned that the announcement and the land surveying project itself were made 11 months before my first announcement.

Land share. How to allocate your share in kind?

The only thing that will need to be paid is the work of the cadastre staff, as well as the land tax. Without the implementation of such requirements, privatization of a land plot will be impossible. Legislative framework Modern Russian legislation fully regulates all issues relating to the grounds for allocating a share plot, as well as methods of disposing of it.

One of such regulatory laws is Federal Law No. 101 “On the turnover of agricultural land”, which states that a land share that has the status of private property is subject to sale or use for personal purposes. In addition, the law stipulates that ownership of a plot is allowed even without its allocation. In such a situation, the share can be used exclusively for one’s own purposes.

Required documentation package

To allocate a share plot, you need to collect a certain package of documentation.

The list of required documents includes:

• A document that indicates ownership of a specific territory;
• Cadastre plan;
• A copy issued for a specific area;
• Cadastre passport;
• In documentary form, a joint decision of the members of the array to allocate a share plot to a specific person;
• A copy of the printed publication where the advertisement was published;
• Payment receipts;
• A land deed issued by the local land committee.

Allocation of a land share in kind: methods of land surveying, difficulties.

Disputes about the size and location of the boundaries of the land plot allocated on account of the land share or land shares are considered in court (clause 15 of article 13.1 of Federal Law 101). The second option is possible if it is not possible to hold a general meeting. Then the owner of the land share has the right to enter into an agreement with a cadastral engineer, who prepares a land surveying project (clause 4 of article 13 of Federal Law 101).

Then, by analogy with the first option, the land surveying project is approved by the decision of the owner of the land share (clause 5 of Article 13.1 of Federal Law 101). Next follows the already familiar approval procedure, that is, approval of the land surveying project with the participants in shared ownership (clause 9 of article 13.1 of Federal Law 101) through notification in the media (clause 10 of article 13.1 of Federal Law 101). If you didn’t receive justified objections, well, if you did, you’re on your way to court. Thus, there are two options for allocating a land share.

Reasons

The following have the right to receive a land share for free:

• collective farm workers;
• state farm pensioners;
• cultural and healthcare workers;
• employees of agricultural enterprises.

The plot itself is given to them free of charge, but despite this, they will need to pay for the activities of cadastre workers and land tax.

Without this, the privatization of land will be impossible and it cannot be disposed of.

Legislation

The legislation carefully addresses issues based on the allocation of a land share and its disposal.

An example is Federal Law No. 101 “On the turnover of agricultural land,” which states that a share owned by property rights can be used at will or sold.

The legislation also provides that it is possible to own a plot of land without allocating it.

In this case, it can only be used for personal purposes - direct use by the owner.

If you select a share from a joint estate and receive a certificate confirming ownership rights for it, then the plot can be rented out, sold or inherited.

What is a share plot and who has the right to it?

A share plot is a plot of land that does not have clear boundaries, allocated once and free of charge from the general share for purely economic use. This concept arose in 1992, during the privatization of collective farm land; now the land share is part of the authorized capital of the agricultural production cooperative (APC).

In order to eliminate the possibility of fraud and the use of land for other purposes, a restriction on construction has been introduced on such sites (construction as for SNT or DNT is possible).

Such land can be disposed of only after land surveying has been carried out, its boundaries have been removed and the site has been approved at a meeting of the cooperative.

The following had the right to a share plot:

• Workers of reorganized agricultural enterprises (collective farms, state farms);
• Employees who were recently laid off before the reorganization;
• Rural residents living near the agricultural enterprise;
• Pensioners who last worked at the same enterprise;
• Health or cultural workers working in the village;

Such land can only be purchased by:

• Farmers;
• The owners of the plot where the shareholder decided to dispose of his rights;

How to separate a land share from common shared ownership?

To organize the allocation of a land share, a lot of effort will be required.

Unfortunately, the procedure can drag on for a long time, since the state sets specific deadlines that must be waited out to obtain a decision.

Actually

How to separate a land share from common shared ownership? It is necessary to take into account that the general array is divided into certain areas.

When choosing a share, you will need to take into account its area and other factors. These include:

• ballohectarity (indicates the quality of the site) - the greater the ballohectarity, the better quality it is, but the smaller its area will be;
• close location of a river, forest, etc.;
• distance to the road or the nearest populated area.

This is interesting: Sample objection to the approval of the boundaries of a land plot

Procedure

Before starting the procedure, you will need to make sure that the agricultural territory belongs to the enterprise and is part of its land fund.

Then you can begin to implement the following steps:

1. The procedure for land surveying is necessary to determine the boundaries. To carry it out, you can contact the BTI authorities or use the services of other companies; the main requirement is that they must have a license to carry out this activity. Otherwise, the results obtained will not be taken into account.
2. After the land surveying procedure, the site will receive a registration number, on the basis of which the territory will be registered.
3. After ordering a survey service, you will need to advertise in the district or local newspaper that you are going to allocate land. The advertisement must indicate the following information: full name, name of the enterprise, and area of ​​the allotment (indicated in hectares). It is imperative to link the territory to landmarks - for example, the area is located 100 km from the city. A mandatory point is to indicate the address to which objections can be sent within thirty days.
4. The advertisement requires a site plan to be depicted, which will require a copy of it. The schematic representation should again be carried out in relation to specific landmarks. When submitting an advertisement to a newspaper, you must indicate that the copy is in your hands.
5. If no objections are received within thirty days, then a council of array participants can be assembled. To do this, you need to contact the local administration, which will announce the meeting, set its place, date and time. If the members of the array did not come to the meeting, they can express their objections within thirty days. Those who come to the council must vote unanimously on the boundaries of the future site. The conclusion of the general meeting should be a document with a positive decision.
6. The next step is to contact surveyors so that they carry out cadastral work and a cadastral passport is issued. Their services will need to be paid accordingly.

The final stage is submitting documentation to the cadastral chamber and receiving a certificate of ownership within a month.

How much does it cost to issue a deed of gift for a land share? Find out here.

Required documents

To allocate a land share, you will need to prepare a small package of documents.

It includes:

1. Documentation establishing the rights to own the territory.
2. Cadastral plan, extracted from the site passport.
3. Copy issued on the territory.
4. Cadastral passport.
5. A positive decision of the general meeting in documentary form.
6. A copy of the newspaper in which the advertisement was published.
7. Receipts for payment of services.
8. Land deed issued by the local land committee.

Sample application

The content of the application will depend on which agricultural enterprise you were a member of.

It states:

• FULL NAME;
• reasons for receiving;
• information about the selected area.

When filling out an application, it is recommended to pay attention to the correct spelling of the letters “ё” and “e”, which will allow you to avoid mistakes in the future.

Otherwise, it will not be possible to obtain a certificate for a plot of land without difficulty, since you will have to re-publish an advertisement in the newspaper about the mistake made.

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.

FAQ

The allocation of a land share from the general tract in 2021 is a complex procedure that must be approached responsibly.

It will be possible to receive a land share only after each stage has been correctly completed, otherwise its registration will be denied.

Before and after this process, citizens have a lot of questions, some of which we will try to sort out right now.

The tenant of the allocated plot does not pay tax

If the tenant of the allocated land plot does not pay tax, several actions must be taken:

1. Organize a general meeting (the timing of the organization will depend on the number of shareholders).
2. Discuss the issue raised.
3. File a complaint to the court.

How to terminate a land lease agreement unilaterally? Read here.

How to re-register a land share after death without a will? Detailed information in this article.

Monetary equivalent

A land share can be allocated not only in kind, but also in monetary terms, which is established by the Federal Law “On the Turnover of Agricultural Land”.

This completes the selection of the share from the general array. When carrying out the procedure, you must follow all the rules and actions specified in the article.

Share price

The share price was established when they were allocated, but at present it has lost its relevance. In order to determine today how much your part is worth, you can use the following characteristics:

• The size of the share, which is established in hectares. From it you can determine the approximate area of ​​the territory.
• The cost of similar objects that belong to a given rural settlement - with the same category and intended purpose.
• What is the demand - how many offers have been received regarding the acquisition.
• Characteristics of the land within which the specified part is located: fertility, climate, infrastructure features, etc.
• The presence of burdensome factors – liens and arrests.

It is possible to determine the price not only of the share, which in essence is rather virtual, but also of the allotment itself. To do this, it is necessary to physically isolate it from the general field, i.e. carry out land surveying: determine the boundaries and area. After this, you can take as a basis:

• Cadastral value.
• Market price.
• Order an independent assessment.

To carry out the latter, you must have an Extract from the Unified State Register, a certificate of ownership and a technical passport for the site. Modern prices for agricultural shares vary from 50 to 300 thousand rubles. The right to set the final price remains with the direct owner.

Allocation in kind of land share

Is it possible to sell a share of land without land surveying to a third party; what is the difference between allotment in kind and land surveying? What is this - a discharge in kind?

Hello, these are completely different processes that are not related to each other in the legal sense. Land surveying is the determination of the boundaries of a plot; allotment in kind is the allocation of a share in the right of common shared ownership into a separate object of law, after which the owner can freely dispose of it.

Without surveying, you can simply sell a share of the land plot only by first offering to buy it to another owner and if he refuses, only then sell it to a third party. If you allocate a share in kind, you can sell to anyone you want at your discretion. Allocation in kind is made by agreement of the parties or in court. But you won’t be able to allocate a share in kind without land surveying.

We bought a land share by proxy for further allocation in kind... But the land share, or rather the entire field, is leased from a peasant farm for 10 years. The owner of the share has not signed any agreements for the last 15 years... but before that he signed, but not with this peasant farm. In this field, my share is 2/22. Presumably, the agreement with the new peasant farm was signed based on the decision of the trustee of the shareholders, who was elected at the general meeting by a majority vote.. QUESTION: how can I terminate the lease agreement (it is about 2 years old) for the allocation your share in kind? Is it possible for me to change the terms of the agreement, namely the amount of payment from the peasant farm for the use of my share? I know that the terms of payment can be changed once a year, and if suddenly the peasant farm does not agree with them, then the lease agreement can be terminated without a meeting of shareholders in order to allocate its share. Holding a meeting of shareholders is pointless since shares in the amount of 20% are managed by trustees from peasant farms. And so on in all the fields of this and the neighboring village council. Pai is located in the Buzuluksky district of the Orenburg region. We contacted the local village council to issue a copy of the lease agreement and copies of the minutes of the meeting of shareholders. There is only one answer: WE DON'T HAVE THEM. We called the Ministry of Agriculture and talked about this issue with the head of the department for regulating land relations. The recording of the conversation remains, but there is still no solution. Please help me with advice or the number of a good lawyer who has encountered this in our region. Thank you very much in advance!

You don’t need to call, but write statements. Whether you can do this or not depends on the powers of the power of attorney (Article 185 of the Civil Code of the Russian Federation). And also on the terms of the concluded agreement (Articles 421, 450 of the Civil Code of the Russian Federation). But it is almost impossible to allocate a share in kind. Moreover, you yourself point to a large percentage of shareholders.

If you bought a land share, then you are the owner. And he has the right to dispose of his share at his own discretion, Article 209 of the Civil Code of the Russian Federation. You can also rent out a share to another person by terminating the lease agreement with the current one. Or offer your terms to this tenant if they are not beneficial to you. Federal Law of July 24, 2002 N 101-FZ (as amended on July 3, 2016) “On the turnover of agricultural land” (as amended and supplemented, entered into force on January 1, 2017) Chapter II. Features of the turnover of land plots from agricultural lands Article 8. Purchase and sale of land plots from agricultural lands Article 9. Lease of land plots from agricultural lands Article 10. Providing citizens and legal entities with ownership or lease of land plots from agricultural lands located in state or municipal ownership.

Hello! First of all, it is necessary to study the contract, namely the grounds for changing and terminating the contract (Article 450 of the Civil Code of the Russian Federation). You need to communicate with the Ministry of Agriculture only in writing, and you also need to establish the location of all documents. As a rule, it is very difficult to allocate a share in kind.

— Hello Marina, the question is very difficult. You simply could not buy it back without following the necessary procedures. Therefore, you need to know whether you did everything correctly or not. and as for the lease agreement, it is not a fact that you will be able to terminate it unilaterally in court. You can try to terminate it under Art. 450 of the Civil Code of the Russian Federation including. According to Art. 46 Land Code:

1. The lease of a land plot is terminated on the grounds and in the manner provided for by civil law. 2. In addition to the cases specified in paragraph 1 of this article, the lease of a land plot may be terminated at the initiative of the lessor in the case of: 1) the use of the land plot is not in accordance with its intended purpose and belonging to one or another category of land provided for in Article 8 of this Code; 2) use of a land plot, which leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation; 3) failure to eliminate a land offense committed intentionally, expressed in poisoning, pollution, damage or destruction of the fertile layer of soil due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during their storage, use and transportation, resulting in cause harm to human health or the environment; 4) non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes for three years, unless a longer period is established by federal law or a land lease agreement, with the exception of the time necessary for the development of the land plot, and also time during which the land plot could not be used for its intended purpose due to natural disasters or other circumstances precluding such use; 5) withdrawal of a land plot for state or municipal needs in accordance with the rules established by Article 55 of the Code; 6) requisition of a land plot in accordance with the rules established by Article 51 of the Code; 7) in other cases provided for by federal laws. 3. Termination of lease of a land plot on the grounds specified in subparagraph 2 of paragraph 2 of this article is not allowed: 1) during the period of field agricultural work; 2) in other cases established by federal laws. Determination of the location of the allocated area is carried out according to Art. 13 of the Federal Law “On the turnover of agricultural lands” dated July 24, 2002 No. 101-FZ. Article 450 of the Civil Code of the Russian Federation. Grounds for amendment and termination of the contract 1. Amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract. 2. At the request of one of the parties, the contract can be changed or terminated by a court decision only: 1) in case of a significant violation of the contract by the other party; 2) in other cases provided for by this Code, other laws or agreement. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract. Good luck to you and all the best, with respect, lawyer A.V. Ligostaeva: sm_ax:

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Hello! YOUR contract is therefore invalid. It does not need to be terminated (Article 166 of the Civil Code of the Russian Federation). Therefore, you will not be able to allocate a share in kind. We need to conclude a normal agreement.

We decided to allocate a land share in kind, carry out land surveying, etc. We addressed this question to the head of the village council, to which she answered us that there was no more land and there never would be, so to speak, whoever didn’t have time was late. Is this possible and what should I do now? On hand are only a “pink” certificate and a certificate of land ownership.

This should not happen if you have documents for the land. It is necessary to resolve your issue in court in order to return the land. Good luck to you. Anna Titova.

You have the certificate in your hands, and with it, go not to the settlement administration, but to the district administration in order to resolve the issue of registering ownership of the land.

If the applicant has a certificate of ownership, and if the share has been used for its intended purpose for the last 3 years - rented out, for example, then the actions of the Head of the village council are unlawful. Contact him with a written request and you will receive an answer as to whether your share was officially transferred to the village council.

Is it possible to sell a land share without allotment in kind, having from the documents only a certificate of inheritance according to the law, which states that the share becomes my property. The SHA, which owned this land, collapsed.

Hello Andrey First, register your property with the Federal Register, and then you can sell it. Thank you for visiting our website. Always happy to help! Good luck to you.

There are 11 of us, owning 13 land shares. We go to allocate our shares in kind. It was not possible to resolve the problem peacefully. Forced to go to court. Please tell me the amount of the state duty to be paid.

Hello. The cost of the claim depends on the size of the value of the land shares claimed by the shareholders-plaintiffs. Everyone pays the state duty for their share independently.

Determine the value of the highest share (take a certificate of market value from any appraiser) and calculate the state duty from this amount.

How can I allocate my share of land in kind, in court, because it doesn’t work out by agreement... Where to go?

If the agreement does not work out, then the allocation must be taken in court. You need to contact a lawyer with all the documents you have, who will help you competently draw up a statement of claim to the court and will accompany you in the trial.

Hello, Natalia! In your case, the law provides for the possibility of allocating a share in court. File the claim in the district court at the location of the land plot. It is better to call an experienced lawyer for help. Good luck!

Please how to sell a land share of farmland, without allotment in kind. Where to go?

Good afternoon. I believe that there must be a decision of the chairman and a change in the permitted use, and the sale of real estate must be registered in Rosreestr.

This is the situation. A land share, a share allocated in kind, there is a protocol of the general meeting, it was registered in the cadastral register, it was sold by proxy, the transaction when registering the right to property was suspended by the state registrar, and then registration was denied. The owner died. There is only one heir. The fact of the transaction is not denied. Is it possible in court to immediately recognize the buyer’s ownership?

At first glance it is possible, but you need to look at the grounds on which the state was denied. registration.

There is a certificate of ownership of a land share in a peasant farm without allotment in kind. Peasant farms do not have certificates of land ownership and do not want to provide them. There is only an act assigning land to them. I want to leave the peasant farm. What documents are needed to register ownership of a plot of land?

Hello! you need a cadastral passport to register ownership of the plot

I have a share of land for agricultural purposes, I have green grass for the general share, I want to allocate it in kind. Question: when allocating it, won’t it be taken away from me as municipal property, since the greenback has not been used since 2007?

They won't take you away, don't be afraid.

I agree with my colleague - they won’t take it away and you shouldn’t be afraid, BUT you should hurry up with the allocation and start using the memory for its intended purpose.

In 1994, through privatization, she received a land share of farmland without allotment in kind in the Perm region. At the moment I live in another region, this site is used by a local agricultural enterprise for its intended purpose. They offer to buy this part from me. What rights do I have to this land? What can I do with it and what benefits can I get?

You, as the owner of this land, have the right to own, use and dispose of the land; if they want to buy this land from you, then you have the right, if you wish, to sell it.

To whom to sell a land share registered as a property, but without an allocation in kind. Agricultural land.

Good afternoon What is the price of a share?

Is it possible to allocate a land share in kind if it is leased and all lease conditions are met? Thanks for the answer.

Raisa can be allocated his share, even if it is leased.

How to allocate your part of the land (shares) in kind if land resources are denied, citing the fact that the program cannot divide the land. Obstacles: the second owner does not notarize the land.

Hello Alla Valentinovna. The issue is difficult, but it must be resolved only through the courts. That is, first you propose in writing to the second owner to resolve the dispute peacefully, and then everything through the court. For each position, everything will have to be resolved through the courts. Good luck.

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We received a land share on paper. And we cannot allocate land in kind. We've been suing for almost 4 years now. At the general meeting, the administration allocated land to us. AND WHEN we submitted the application to the newspaper, it gave a refutation. And it’s delayed every time for all sorts of reasons: either we held the general meeting in the wrong place, or some other reason. How can we achieve our rights? It is clear that the courts, the administration and the state farm are at the same time. Behind the scenes, we know that they have already divided these lands among themselves.

From your question, we don’t quite understand the situation, what the essence of the legal dispute is about, why they are refusing to pursue it under what pretexts. Everything must be decided specifically based on the situation. there is no general solution

You need a real lawyer. In the Gatchina region, the situation with shares is difficult, especially if it is “Flame”, “Verevo” or “New World”, and in general in 2013 everything became much more complicated.

I was given land shares in 2007 (there was no consent of the donor’s wife), I made an allocation in kind of land plots, everything registered the question of whether it is possible to challenge now my right to ownership of these land plots (the donor’s wife died two years ago) thank you.

It cannot be disputed. Only the spouse herself could have done this during her lifetime.

What to do if it is impossible to allocate a land share (according to a voucher) in kind, since there is no land left for it.

is being sued. There cannot be more vouchers than land. Also submit to the prosecutor's office for fraud. Perhaps the land was transferred to another category, which reduced the total amount. You have a paper, which means you must find the land for which the document was issued.

For more than half a year now I have not been able to allocate a land share in kind. At first I was persuaded to sell the unallocated share, then Maloyaroslavets Rosnedvizhimost said that there was no free land, investors had bought it all. Finally, they issued a plan for a land plot of 3.2 hectares. I submitted advertisements to the local newspaper twice and received no objections. I went to fill out the land survey, they looked and said that this plot already has a cadastral number and it is someone’s property. Tell me what to do in such a situation? Thank you in advance.

Before submitting an advertisement to the media, you should have clarified with the Federal Registration Service and Rosnedvizhimost which land plots in the array are free. You can allocate a share only in this free space. Your question is not legal, but land management, collect information. Good luck!

To whom is the right of disposal assigned?

How to register an unclaimed land plot? Municipalities file a claim with the court to recognize the right to register these shares as municipal property. After the entry into force of a court decision recognizing municipalities as the owner of such land area, the right to register the resulting property begins.

Having gone through the entire process of legitimizing real estate, the administration of the village council has the right to dispose of it as follows:

1. put up unclaimed land shares for sale at a price of at least 15% of the cadastral value of the land,
2. lease to an agricultural enterprise for the purpose of processing and making a profit.

The first way provides for mandatory information notification about the opportunity to purchase land of deceased persons who have no heirs, or citizens who do not want to responsibly manage their property.

The predominant right to purchase such a plot can be used by agricultural organizations or peasant (farm) enterprises engaged in cultivating the land share area for more than six months, which included this unclaimed land share.

ATTENTION! If land plots from the “unclaimed” category are put up for sale again, their value is reduced by half.

But before putting up “nobody’s” shares of land for sale, the municipality evaluates this territory by hectares to fully clarify the cost. The s/s administration performs all these manipulations at its own expense. Only then does it put the property up for auction.

According to the results of the research, the fertility of the land share will be low, and therefore the price of this plot will be reduced by 20% of the originally proposed cost . If the land plot was not purchased at the repeated auction after the price reduction, then its cost is 50% (not less) of the previously announced prices.

The local government body notifies the higher executive authority of all options for changing the price of the real estate being sold.

Read also: Structure of local governments.

Allocation of land share in kind

Hello, dear lawyers.

I would like to ask, is it possible in court, with full compliance with the pre-trial procedure, to allocate a land share in kind if there are objections to the notice of intention to allocate a land share from the common shared property? What arguments need to be given in court in favor of the allocation and what arguments are weighty on the part of the objectors?

It is not advisable to hold a meeting of shareholders to allocate and approve the boundaries of my share in kind, because

powers of attorney from shareholders with all the rights of shareholders are in the hands of two persons (they have a quorum in their hands!), who under no circumstances will approve the allocation of a share to me. Help. They want to take away the land that belongs to me on the basis of common shared ownership with 500 shareholders. They are not allowing me to allocate a share in the place that I declared.

The boundaries for priority allocation by the meeting of shareholders were not determined before my notification.

Registration of inheritance

A share in a plot of land is a full-fledged property, so it can be bequeathed to heirs. According to civil law, a will is drawn up in two ways:

• Will. The document is drawn up by the testator and notarized. Six months after his death, the heirs have the right to contact a notary with this paper and receive a certificate of right to inheritance.
• In law. If a will is not drawn up, only immediate relatives can claim the property of the deceased. The procedure is similar - receiving a document and its further registration in Rosreestr.

In the latter case, you must notify the authorized person about your relationship with the deceased - provide a marriage or birth certificate, or a court decision (if the fact of relationship was determined in court). You need to have a death certificate and documents confirming the absence of debts with you.

How to allocate a land share in kind

To allocate a land share, I announced my intention to allocate a land share in kind on a certain field. I agreed on the location with the land committee. After 29 days, a refutation of this nature was issued: The Land User Council of CJSC XXXXX is against the allocation of Surname I.O.

on a field of 90 hectares located there. Reason NOT SPECIFIED. ) bankrupt since 2006. On its basis, another was created - a private one, which is not the legal successor.

The director of the old and new company is the same person. When there was an old company, a council of land users of CJSC XXXXX was created, the members of which at the moment have stood out in kind and are not shareholders. With all this, of all the members of the land users council (there are seven of them), only two (the director and his right hand) are against,

The owner of a land plot, unlike the owner of a land share (share), has more opportunities and rights.

Firstly, the owner of a land plot knows exactly the location of the plot and its size, secondly, he can transfer his land plot for rent, and thirdly, he can independently run a private peasant or farm enterprise. In addition, he is confident that this particular plot of land or part of it will be received by his heirs. The above allows us to draw a conclusion about the necessity and advisability of the following procedure.

So, the procedure for obtaining a state act of ownership of a land share (share) includes the following stages.

1. The stage of initiating the privatization procedure consists of contacting the relevant village, township city council or district state administration with applications for the allocation of land shares (shares) in kind (on the ground).

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).

Allocation of land shares

Visitors to the legal consultation asked 15 questions on the topic "".

On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes! In 1998, the District Administration issued a decree on the allocation of a land share in kind for running personal subsidiary farming; based on Ivanov’s statement and the minutes of the meeting of the commissioners, on June 22, 2012 I am writing to you on behalf of the shareholders. We were allocated a land share, a total of 360 shares. Our tenant did not pays land tax for our share, although the contract states that the tax is paid by the tenant, and it has already accumulated.

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