If there is only one plot and there are several owners, disputes between them are inevitable. Sooner or later, part of the land may be inherited or one of the owners will decide to sell his “piece”.
What does the law say about the ownership and disposal of land in shared ownership? What rights do owners have, and what responsibilities do they have to comply with? And how to properly sell and divide such a plot? Angelina Grigorievskaya answered these questions to the FAN .
photo from the personal archive of Angelina Grigorievskaya /
The right of common shared ownership of a land plot
By law, one person or several can own land. If there are two or more owners, the law classifies the site as common property. All owners can own land and use it depending on its purpose: for gardening, residential construction or commercial gain. But all decisions about construction, communications and other changes on common land must be made by them together.
Shared ownership is also common, with the only difference being that each of the owners has their own share of the land plot. This share is not just agreed upon between them, it is enshrined on paper - in the corresponding registration document.
Often the owners of shares do not overlap with each other. If the area of the plot allows, over the years a certain order of its use develops: co-owners can install a fence and build different entrances to their gates. But, despite the appearance of “autonomy,” the land remains common, unified, and if one of the owners decides to sell their part, it will not be possible to do this without notifying the others.
“The peculiarity of owning a plot in shared ownership is that each owner knows about the size of his share, but in fact these shares on the plot are not allocated,” notes lawyer Angelina Grigorievskaya. — Even if over the years a certain procedure for use has developed, but it is not documented by an agreement between the co-owners, then both the site itself and all the buildings on it are legally recognized as shared ownership. Essentially, common, but taking into account the share of each owner.”
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How to find out the status?
In order to find out whether someone has managed to privatize a land plot or not yet, you need to use some tips:
- If the plot was received by a citizen before 2001, then it is necessary to contact the municipal authorities. In the archive you can find the Decree of the Administration, on the basis of which the land plot was provided to someone for use until you received this allotment. If there is no such document, then you need to resort to a public cadastral map. This method is suitable for land plots that were registered before 2001 and after this period.
- The Unified Cadastral Map is a resource that is located on the Internet and provides citizens with publicly available information on land plots, as well as on the buildings located on them.
You need to type “Public card” into your browser. Go to the first tab. If you have the cadastral number of the plot, then enter it in the empty field. If not, then specify the city of your residence, and by searching on the map, highlight the cursor area. A pop-up window will appear on the screen that will display basic information about the land. This is the location address, area, established cadastral value, possible intended use, as well as the presence or absence of a form of ownership. Allotments that are in municipal or federal ownership of citizens are available for privatization. - The third, but no less effective way to use the Rosreestr portal. To do this, you need to go to the official website. You need to get an extract and pay the state fee in advance. You can receive the service either on the official website of Rosreestr or by visiting a branch in your locality in person.
How you can find out whether land is privatized, in government agencies, on the Internet and in other ways, is described in detail here.
Share sizes
They are determined according to the norms of the Civil Code. As a general rule, co-owners can agree among themselves and decide which part each of them will own. If such an agreement has not been drawn up, the territory is divided into equal parts.
In some cases, the size of the share may change. For example, two sisters own a dacha plot and their shares are equal. But one hasn’t been to the dacha for several years, and the other has been cultivating the land, renovating the house, laying out a garden, laying out paths, and putting up a gazebo. Such transformations, by law, are recognized as inseparable improvements to property. And the sister who contributed them has the right to demand in court an increase in her share.
Definition of the concept: what is it and what does it give?
Privatization of a land plot is a legal process , the main purpose of which is to acquire state or municipal land into the ownership of citizens of the Russian Federation.
This procedure does not occur chaotically, but is regulated by the norms of legislation: federal and constituent entities. The main issues are covered in the Land Code of the Russian Federation. There is an established procedure that helps citizens become land owners.
What does an ordinary citizen in Russia need?
The existence of property rights guarantees that a citizen has the right to carry out all possible legal processes and operations with land . But this will become possible only after privatization.
After completing the procedure, a citizen has the right to give, inherit, alienate, change, and also carry out other transactions with real estate.
Use of a site in shared ownership
The regulations for the use of such areas are enshrined in the Civil Code of the Russian Federation. According to its norms, owners must agree among themselves on issues of land use, and if an agreement cannot be reached, only the court can settle the dispute.
“Any actions to use and dispose of the site must be carried out with the consent of all owners,” says lawyer Angelina Grigorievskaya. - If one person is against it, then agreement has not been reached. And the majority rule does not work in this situation.”
Not a single owner will be able to submit documents at his own discretion to the energy supply or water supply organization and connect communications only to his “piece”. All owners must submit such an application, one connection will be made, and it will be possible to make wiring from it.
The rule of shared ownership also applies to real estate on common land. If a house, garage, sheds and other premises are built on the site, they can be registered as property, but also taking into account shares: if there are three owners and their shares are equal, then each building will have three owners. If one person has a larger share of land than others, then his share of real estate will also be larger. And it doesn’t matter that one neighbor built, and the other didn’t spend a penny on the construction: according to the law, he also becomes a co-owner within the limits of his share.
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Ways to obtain land ownership
The transfer of land ownership in 2021 can be carried out within the framework of free-simplified privatization, free receipt of a land share in accordance with administrative regulations. In addition, you can buy a plot of land or achieve its transfer into private ownership during the consideration of a claim in court. The most popular and procedurally least complex procedures remain the free procedure, as well as the acquisition of a plot of land from the authorities.
However, sooner or later we will have to say goodbye to mass free privatization under a simplified procedure - the “dacha amnesty” allowed by legislators was supposed to end in 2018, but in the end it was decided to extend it for another two years.
Sale of land in shared ownership
Any of the owners can dispose of their share. And if we are talking about a will, the owner is not obliged to notify anyone to whom he is transferring the land by inheritance. If he plans to sell his plot, the procedure turns out to be much more complicated.
The law assigns the right of first refusal to purchase a share to other owners of the same plot. Therefore, before putting the land up for sale, the owner should discuss this issue with the co-owners. Firstly, clarify their consent to the sale, and secondly, offer them to buy out their part. If there are buildings on the land, their sale or lease is carried out according to the same rule: unauthorized persons can lay claim to the object only if the co-owners refuse to buy or rent it.
The law also defines the sales procedure.
1. Preparation of notification. An owner who wants to sell his share must notify the other co-owners in writing by sending them a notice. This notice is prepared by a notary, indicating the cost of the share and other conditions of sale.
2. Meeting the deadline. It is one month. During this time, the co-owners who received the notice must make a decision to purchase. If they do not buy the proposed share within a month, the owner may look for another buyer. The waiting period will be shortened if the co-owners waive their pre-emptive right to buy out in writing, thereby agreeing to the free sale of part of the plot.
3. Obtaining a certificate. It is issued by a notary as confirmation of the notification being sent to other land owners. If they refused to receive the notification, instead of a certificate, the notary will issue a certificate to the applicant. Both documents have the same legal force and will be required to prepare documents for the sale in Rosreestr.
“It is important for the seller to take into account that the conditions he offers for the co-owners of the site and other buyers must be the same,” explains Angelina Grigorievskaya. - The law prohibits offering co-owners one amount, but in reality selling the share for less. In this case, the transaction may be declared invalid.”
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How long does privatization take?
As can be seen from the list of required documents, collecting a complete package may require significant time expenditure. Many current owners who have gone through the “millstones of the bureaucratic machine” say that preparing the papers took about two months. In general, the timing, as well as the cost of the privatization procedure, very much depends on where exactly the land property is located.
After the entire package of documents has been prepared, it is necessary to send it to the nearest branch of Rosreestr, whose representatives have a normatively defined right to carefully check the documentation within two weeks in order to make a conclusion on the approval or rejection of the application. They pay the closest attention to the location of the land and the fact that this territory does not belong to those where privatization is prohibited.
There are situations when a cadastral map is not found, and then officials must initiate additional measurement and assessment work. In this case, the procedure for registering property will require at least a month. After all approvals are completed, the decision to transfer ownership of the land is transferred to the customer.
If a government body comes to the conclusion of a refusal, it is obliged to fully justify it with references to regulations. The failed owner of the land has the right to challenge the refusal.
Selling a house on a plot of shared ownership
The house, like the plot itself, is shared ownership, so the law limits its free sale. Property can be sold without restrictions only if all owners agree with this decision. If only one wants to sell their part, it is important to follow the procedure.
First of all, offer your share for redemption to other owners or only one of them. According to the law, it is not necessary to notify everyone if one has already agreed to buy a share. If such an agreement is reached, the transaction can be carried out. At the same time, the opinion of others does not matter: they cannot challenge or hinder the sale.
The most unfavorable option is when the co-owners do not consent to the sale. In this case, you can proceed in two ways.
Service of notice
Co-owners must read the notice and report their decision within a month. But what if they refuse to receive this notification? In this case, it is sent by registered mail, accompanied by a return receipt form.
It is not the property owner who prepares and sends the notice, but a notary. The specialist draws up a document indicating the terms of sale and sends it to the co-owner. The notary will record the fact that the co-owner of the house received the notification or refused to receive it. Both documents serve as the basis for the free sale of part of the house and registration of the transaction.
House division
A common house can be divided into parts, for example, into two isolated apartments, and then sell one of them. According to the law, this can be done if the building allows such allocation: independent access to the site can be organized from each created apartment. Apartments must have sufficient space for living, be equipped with a kitchen and bathroom, and comply with other parameters established by law.
The division can be completed by concluding an agreement with a notary or in court. In case of judicial division, an expert examination will be required.
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Division of a plot in shared ownership
When dividing one area, two or several smaller areas are separated. Moreover, each of them receives its own cadastral number and its own boundaries. And their owners lose dependence on each other: they can sell or rent out their plots without asking anyone for permission.
There are two ways to divide land.
1. With the consent of the co-owners. They can agree on the area and boundaries of their future plots. This consent is documented by a notary.
2. Without the consent of the owners. Any of the co-owners can come up with an initiative for division at any time. But if you can’t reach an agreement, you need to go to court.
When considering such disputes, courts take into account not only the size of shares and the volume of improvements made to the property. Equally important is the actual possibility of separation.
Firstly, the area of new plots should not be less than those established by law at the municipal level. For example, if the region determines that the minimum area of land for gardening is 4 acres, and the co-owners ask to divide the 6-acre dacha into 2 parts, the court may order one of the co-owners to pay monetary compensation in the amount corresponding to his share.
Secondly, if the area of land allows, the possibility of organizing access to each of the newly formed plots is taken into account. And if there is a house on it, then there is the possibility of dividing this house with a separate entrance, kitchen and bathroom.
“You will need to call a cadastral engineer,” says lawyer Angelina Grigorievskaya, “to carry out land surveying and assign a cadastral number to each allocated plot.”
Grounds for free-of-charge
In 2021, the legislator has significantly reduced the list of persons who have the right to count on free privatization. Today, citizens who belong to the category of beneficiaries have this opportunity.
Another group of people with privileges are participants in the “dacha amnesty” program.
The category of beneficiaries includes the following citizens:
- Military personnel.
- Heroes of the Russian Federation.
- Heroes of the USSR.
- Veterans.
- Orphans.
- Families with three or more minor children.
- And other categories of persons established by municipal authorities.
Allocation of land plots from shared ownership
Another way to “separate” from co-owners is to separate your share from the common property. This right is also enshrined in law, but can only be exercised through the courts. In this case, the court will again take into account the actual possibility of allocating a share, that is, the possibility of equipping an entrance and compliance of the land area with the intended purpose of the site. He will also consider the proportionality of the property claimed by the plaintiff to his share.
“Recently, courts have begun to recognize the share as insignificant,” notes Angelina Grigorievskaya. “In this case, the owner receives, by court decision, not the land, but monetary compensation for his share.”
The share of a small area may be considered insignificant, for example, less than half of the total land area. But they can also “characterize” a portion of a larger area that cannot actually be allocated or in which the owner has had no interest for a long time.
When allocating land, one cannot do without cadastration and land surveying. In this case, the new plot receives its own boundaries, and its owner can dispose of it at his own discretion. The land remaining after the allocation also receives new boundaries, but retains the status of shared ownership, and its owners have the same rights and obligations as before.
