How is land allocated for agricultural purposes?

The allocation of a land share from agricultural land has certain nuances, ignoring which can lead to undesirable consequences and termination of the property transaction. The specifics relate to the need to comply with certain conditions and provide a package of documents, and following the instructions will help you avoid common mistakes.

How does the procedure happen and why is it needed?

The allocation of land plots is carried out on the basis of Methodological recommendations for the allocation of land plots on account of land shares (reviewed and approved by the Scientific and Technical Council of the Ministry of Agriculture of the Russian Federation - Protocol No. 3 of January 23, 2003), which indicate the algorithm for the allocation of land plots on account of shares in the right common ownership of land plots for agricultural purposes.

The rights to allocate land on account of the land share from the agricultural land of destination are owned by each member of the shared ownership, who has the right to determine the theoretical location of this land plot, the amount of compensation to the other participants of the shared ownership.

Obtaining a residence permit

The legislation provides for obtaining registration at a summer cottage, but subject to its compliance with the place of permanent residence. Such compliance is established by the local administration. The commission examines living conditions and identifies :

• Possibility of year-round transport links with your place of permanent residence.
• The presence in the village of engineering infrastructure, a driveway or passage to a highway that can be cleared of snow debris.
• The quality of the house, which must meet the criteria for living space. Providing the home with heating and running water.

Subject to compliance, which the commission determines with sufficient bias, an inspection report of living conditions is drawn up, on the basis of which a residence permit is issued.

In this case, the possibility of allocating a postal address to the site at which registration is issued is taken into account.

What is the difference between the division of a land plot and the allocation of a share?

The division of a plot is the formation of two new plots from one solid one.
In the case of an allotment, there may be a situation where the allocated area will divide an existing area in half, which will complicate the task and bring additional inconvenience. In the event that the plot belongs to citizens on the basis of common ownership, shares in the right must be determined prematurely (Article 254 of the Civil Code of the Russian Federation).
This rule determines the shares of participants in legal proceedings.

What conditions are required?

In some cases, the law prohibits the allocation of a land plot against a land share. For example, if as a result of this procedure a land plot is formed whose area does not meet the minimum size requirements. In other words, before deciding on such a procedure, which may negatively affect the attitude towards the shareholder on the part of other members of the transaction, if he continues to remain with them, you need to find out whether the law allows for separation in this case.

Tenant consent sample

The tenant, according to the text of the lease agreement, uses a land plot that is registered in the cadastral register and is under the right of common shared ownership of the population. The area significantly influences the terms of the contract.

The current legislation of the Russian Federation provides for the transfer of ownership rights to land shares from one subject of law to another, but only in cases provided for in Art. 12 of Federal Law No. 101-FZ “On the turnover of agricultural land”, hereinafter referred to as Federal Law No. 101-FZ).

In accordance with paragraph 1 of Art. 617 of the Civil Code of the Russian Federation, the transfer of ownership rights to leased property to another entity is not a basis for changing or terminating the lease agreement. So, if a lease agreement for a land plot, which is in joint shared ownership, was concluded and during the lease period there was a change in the composition of the members of the collective shared ownership (including if some of them left, or some sold, and others bought part of the land shares ), this is not a basis for breaking such an agreement, either completely or partially.

An agreement between the tenant, the person exploiting the land, and the developer is required.
The exception is state plots. and municipal type. It must be done in writing, the outline of the document is free, however, consent or refusal must be clearly indicated.
Letter details:

• Date of preparation;
• FULL NAME. compiler;
• The essence of the statement (here you need to express your attitude to the ongoing transaction);
• Signature.

What is allowed to build on the SNT site and its purpose

The use of the SNT land plot for its intended purpose provides for mandatory cultivation of the land, with the planting of a garden. If desired, it is allowed to erect outbuildings and a country house. Other actions carried out by the owner of the site are agreed upon with the chairman of the board. The same applies to the criteria that apply to a country house. Any permanent building erected in SNT will be designed only as a country house, regardless of its size and the design intent of the owner of the site.

More details about the permitted use of agricultural land: types and minimum size for transfer.

As a rule, already at the stage of acquiring a land plot, the buyer is introduced to the constituent documentation and construction regulations established for this type of land. For the most part, construction standards are not set strictly enough here. In certain holiday villages, the construction of low-rise buildings of any format is permitted, without restrictions.

However, sanitary and fire safety standards must be observed here too (Federal Law No. 23-FZ, dated July 22, 2008). Indentations from the red lines are required, in accordance with the regulations established by law (Code of Rules SP 53.13330.2011). In case of violation of these, the owner has the right to impose an administrative penalty with penalties, forcing him to restore the required order. The Board of the Partnership is authorized to supervise these regulations.

If a separate legal entity provides for the establishment of special standards, newly joining members of the partnership familiarize themselves with the document against signature. And the document, in turn, is adopted only at a general meeting, subject to receiving a majority of votes.

If this category of land does not suit you, then you can change the purpose of the site.

Procedure

Stages of the procedure for separating from common shared property:

1. The person who took the initiative convenes a council of all owners of the site;
2. There a decision is made to allocate part of the land into a separate plot;
3. The owner administers the procedures (land surveying, cadastral registration, etc.);
4. Next, he fine-tunes the coordination of events with all members of the council;
5. The boundary plan of the new plot is certified by the cadastral chamber;
6. The new site is assigned an address;
7. The new owner is registered with the RosReestr authorities.

From agricultural land

The procedure for allocating land plots to account for the share in the right of common ownership of a land plot from agricultural land:

1. Notifying other participants of the intentions of the separation;
2. The amount of compensation that must be paid to participants in shared ownership is calculated in the case when the market value of the land area that is subject to allocation exceeds the value of the remaining area;
3. The applicant is sent to the administration of the agricultural organization with a request to provide him with bank details to compensate for the funds of the allocated plot;
4. With all the certificates received, you need to go to the land committee, which is authorized to resolve these issues;
5. Carry out the land surveying procedure;
6. Ownership of the plot is registered.

Under a building/apartment building

The procedure follows a standard algorithm, except that before starting action, you need to discuss your intentions with the residents of the house and obtain permission from them, among other things.

As for the building itself, the “Law of Unity of Destiny” applies here, that is, the buildings located on the site are divided in the same way as the site itself. If this is impossible (as in the case of an apartment building), then it will not be possible to allocate part of the land area.

Actually

The most difficult option for dividing land, since the procedure requires the consent of all owners of the plot, otherwise the land is divided by a court decision. Not everyone will be satisfied with the verdict and the resulting area, so citizens will challenge the court’s decision, and during this period no transactions with the land are possible.

How to allocate a share of agricultural land in 2021

According to Art. 254 of the Civil Code of the Russian Federation, the initiator of the allocation of a share in kind can carry out the procedure according to one of two options:

1. Agree with the remaining co-owners and enter into a voluntary agreement on the allocation of a share of agricultural land in kind.
2. If consensus is not reached and other owners do not agree to splitting the land, then the initiator of the allotment can file a claim in court for the allotment of the share.

Conclusion of an agreement

But the initiator must follow a certain algorithm of actions:

Conducting a general meeting of shareholders . All co-owners of the land plot must be notified of the meeting 10 days before the date of its holding. All owners or their legal representatives must be present. During the meeting, minutes must be kept, which will include the following information:

• who was present at the meeting;
• date of its holding;
• regulations;
• agenda;
• how many shareholders voted “for”, how many “against”, the number of abstentions;
• information about the allocated share and the primary land plot;
• what decision was made (if 50% or more voted “for”, then the decision will be considered positive);
• what documents are attached to the protocol;
• signatures of all meeting participants.

Sample minutes of the general meeting of participants in shared ownership of a land plot

Coordination of the boundary plan. According to paragraph 3 of Art. 13 Federal Law No. 101, the boundaries of the secondary plot must be agreed upon with all co-owners of the land plot, in addition, the initiator of the procedure must also obtain the consent of the owners of neighboring plots. The procedure is carried out in the presence of an employee of the cadastral department.

Submitting an application for cadastral documents . The future owner of the secondary land plot visits Rosreestr, where he submits an application to receive cadastral documentation. Along with the application, he must provide the minutes of the general meeting of shareholders and the act of carrying out cadastral work.

Obtaining documents on ownership of land plots . Rosreestr makes changes to the Unified State Register of Real Estate, after which the owner receives an extract from the Unified State Register of Real Estate, that is, a document that confirms his ownership of the allocated plot of land.

List of documents

When first contacting Rosreestr, the future owner of the secondary plot must have with him the following package of documents:

• a copy of the minutes of the meeting of shareholders;
• an act on carrying out cadastral work, where the cadastral engineer will confirm the possibility of allocating a share in kind;
• a document from which it will be clear that the established boundaries of the new plot have been agreed upon with all shareholders, as well as the owners of neighboring plots;
• any title document;
• passport.

When visiting again to establish ownership of the allocated plot, the applicant must have with him:

• extract from the Unified State Register of Real Estate (extended);
• act of assessment of a secondary land plot;
• a document stating that the remaining co-owners of the primary plot have no claims against the applicant.

Timing and cost

The allocation of a share under an agreement will take no more than one month, excluding holding a meeting and drawing up minutes; everything here will depend on your efficiency. The remaining periods will take:

• registration of an extract from the cadastre from 10 days;
• You can receive the title deed within two weeks

As for the cost, you will have to pay a state fee to obtain a title document from Rosreestr. The state duty is 350 rubles.

Allocation of land share through court

There are a number of other reasons in the presence of which legal proceedings cannot be avoided, for example:

1. The initiator of the allotment is a co-owner of the land plot, but does not have any documents confirming his ownership of the land share.
2. In the title documents, an error was initially made in the direction of underestimating the share of the land plot.
3. Municipal or state bodies, in your opinion, are interfering with the procedure.

The procedure for allocating a share through the court

Just as when dividing a land plot by voluntary agreement, resolving the issue in court requires compliance with a certain procedure. The steps are as follows:

1. An attempt at pre-trial settlement of the dispute . The initiator of the division sends all co-owners notice of his intention to enter into a voluntary agreement. It is advisable to send such notices by registered mail with acknowledgment of receipt; the presence of such notices will become evidence in court of your attempt to resolve the problem pre-trial.
2. Drawing up a statement of claim . If the co-owners give a negative answer, or do not respond to the notice at all within 30 days, then the initiator draws up a statement of claim and collects the package of documents necessary for the litigation.
3. Transfer of the statement of claim together with the collected documents to the court office, with mandatory compliance with jurisdiction. As mentioned above, the claim is filed with the district (city) court on whose territory the disputed plot is located.
4. Participation in hearings on the case . During the process, the plaintiff voices his position and claims, provides evidence, answers questions from the court, defendants, or their legal representatives, and interacts with witnesses in the case.
5. Obtaining a court decision that has entered into legal force. If neither party files an appeal, the court decision comes into force 10 days after the decision is made.
6. Allocation of a share in kind in accordance with a court decision. The court does not always make a decision on the actual division of the land plot: if the allocated share is too small, or this procedure will violate the integrity of the plot, or in any way affect the interests of neighbors, then the court may decide to replace the actual division with monetary compensation.

An example of a judicial review of a claim for the allocation of a share in kind

Nikolai Kostin, together with his younger brothers Sergei and Daniil, owned a land plot measuring 12 hectares, his share was 1/3 of the plot and was equal to four hectares. The younger brothers wanted to use the land for greenhouses, but the older brother believed that such use of the land was unreliable and decided to start growing potatoes and vegetables for sale. The brothers could not come to an agreement, then Nikolai decided to actually allocate his share in order to start his own business separately from his brothers. Sergei and Daniil were categorically against it and refused to allocate Nikolai his share and split up the land plot.

Senior Kostin invited a cadastral engineer, who drew up an act on the possibility of the actual division of the land plot. Nikolai filed a claim for the actual allocation of his share of 4 hectares to the court. The court, having examined the documents presented by the plaintiff and heard the parties, came to the conclusion that the allocation of a share of the land plot in kind is possible. A decision was made to forcefully allocate Nikolai Kostin’s share from the land plot, which was in the joint shared ownership of the Kostin brothers.

Statement of claim for allocation of shares (sample)

It is better to entrust the preparation of a statement of claim to an experienced lawyer specializing in land law. If you do not have this opportunity, then you will have to meet a number of requirements:

• the document must be drawn up in legally competent language;
• the text of the document should not contain grammatical and stylistic errors;
• it is desirable that the statement of claim contains references to those regulations in accordance with which you have the right to allocate a share;
• Insulting definitions and statements addressed to defendants or any third parties are unacceptable;
• the document must have a clear structure.

The statement of claim for the actual allocation of part of the land plot must contain the following information:

1. Full name and address of the judicial authority to which the claim is filed.
2. Personal information about the plaintiff and defendants and their contact information.
3. If the presence of witnesses and third parties is necessary, information about them.
4. Brief but clear information about the subject of the dispute: the purpose of the land plot (for private plots, individual housing construction, for farming, etc.), its boundaries, cadastral number, total area, and other important information.
5. Grounds for filing a claim. Here it is advisable to indicate the provisions from Art. 252 of the Civil Code of the Russian Federation, which states the possibility of physical allocation of part of the land.
6. Information about attempts to pre-trial dispute resolution.
7. Claim. They must be written concisely and contain specific data or figures: “to allocate a share of size ___ from the common shared property,” or, if the actual allocation is impossible, “to pay monetary compensation in the amount of ___ rubles for a share in a plot of land of size ___.”
8. A numbered list of documents attached to the claim.
9. Date and signature.

Sample statement of claim for the allocation of a share from agricultural land

Deadlines

The allocation of a share by court will take much longer than the division by agreement. The trial in the district (city) court will last at least two months, but often such litigation lasts up to six months.

This is important to know: Buying an apartment in shared ownership

State duty

When filing a claim in court, the plaintiff must pay a state fee, which will depend on the price of the claim.

Table 1. Calculation of the amount of state duty when filing a claim for the allocation of a share of a land plot in kind in accordance with the price of the claim

We will calculate the amount of the state duty for filing a claim for the allocation of a share of a land plot in kind

The actual allocation of a share of agricultural land in kind is quite complicated from a legal point of view. Each specific case has many different nuances that only an experienced lawyer can understand, so you should not deal with this matter on your own; any mistake or inaccuracy is fraught with either a significant delay in the process of allocating a share, or the impossibility of such an allotment altogether.

You can contact the lawyers of our website and get advice on the issue that interests you; our specialists can also, if necessary, draw up a statement of claim in court, tell you what documents you will need to collect and what steps to take.

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