Documents for dividing a land plot and much more in an article from Moszemcom specialists

Today, the division of a land plot is quite a popular and widespread procedure. As a rule, this procedure is aimed at dividing one plot of land with a larger area into several plots of land with a smaller area. But when dividing a land plot, one should not forget that the legislation establishes the minimum and maximum sizes of land plots, therefore, the newly divided land plots cannot be less than the area established by the legislation of the Russian Federation.

There is also a reverse side to the division of a land plot - this is the so-called procedure for combining (merging) smaller plots into one. The procedures themselves, both for the division of a land plot and for the connection, are quite similar in the process of their registration - our land lawyer will help you figure it out.

document

natural person - land user (land owner, tenant,

mortgagee) for the formation of land plots

Articles on the topic (click to view)

• Agreement on the division of a mortgage apartment sample 2021

as a result of division (merger, redistribution

land plots or allocation from a land plot)

I am a land user (land owner, tenant, mortgagee) of a land plot with an area of ​​____________ square meters. m at the address: _________________, cadastral number: _________, intended purpose: ____________, permitted use ___________, encumbrances: __________.

I agree to the formation of land plots with the characteristics specified in the cadastral passports of the formed land plots during division (merger, redistribution of land plots or separation from a land plot) in accordance with Art. 11.2 of the Land Code of the Russian Federation.

1. A copy of the applicant’s identity document.

2. Extract from the Unified State Register of Rights to Real Estate and Transactions with It on Rights to a Land Plot.

Demarcation from a legal point of view

To familiarize yourself with the legal nuances of the division of land and demarcation of territory, refer to the norms of the Land Code (LC) of the Russian Federation .

It sets out the basic provisions according to which one piece of land can be divided into two parts. And these 2 plots become independent plots while the previous object of law ceases to exist.

This applies specifically to private lands. Municipal property given for use or horticultural areas cannot be divided.

The law provides for the allocation of land from the total area in accordance with shares. This means that the property does not have to be divided into equal halves. At the same time, the characteristics of the plot (borders, cadastral number) are retained.

In order to legitimize the plots obtained as a result of division, it is necessary to adhere to the land surveying rules and register the section in the state register.

Sample document:

______________________________________ (body carrying out state registration of rights to real estate and transactions with it)

from _________________________________ (name of legal entity, location)

CONSENT of a legal entity - land user (landowner, tenant, mortgagee) to the formation of land plots as a result of division (merger, redistribution of land plots or separation from a land plot)

____________ (name of legal entity) is a land user (land owner, tenant, mortgagee) of a land plot with an area of ​​_________ square meters. m at the address: ___________________, cadastral number: _________, intended purpose: ___________, permitted use ____________, encumbrances: _____________.

_____________ (applicant) agrees to the formation of land plots with the characteristics specified in the cadastral passports of the formed land plots during division (merger, redistribution of land plots or separation from a land plot) in accordance with Art. 11.2 of the Land Code of the Russian Federation.

1. A copy of the certificate of state registration of a legal entity (applicant).

2. Extract from the Unified State Register of Rights to Real Estate and Transactions with It on Rights to a Land Plot.

What is it and how is consent to divide a land plot obtained?

One plot of land can be divided into several parts, but for this you need to go through a rather lengthy procedure and collect a large number of documents. If, nevertheless, citizens decide to engage in the registration of such a procedure, then they should comply with all legal norms. Otherwise, registration of new plots will not be possible.

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During the division of real estate, new plots are registered, receive an address, cadastral number and become separate legal units. In some cases, such a complete division is not possible and, after being divided into several parts, the original site still retains its old boundaries.

Concept and procedure

All necessary conditions for dividing a land plot are described in Chapter 1 of Article 11.4 of the Land Code of the Russian Federation. The result of this procedure is the creation of new sections using the division method. At the same time, the site no longer exists in its original form. As an exception, we can cite garden plots, the formation of which occurs after the division of the territories of the corresponding community.

The owner of the territory that is subject to division, after such a procedure, receives the right to own all new plots.

If the land is in common use, then all owners receive the right to own the plots. The exception is when all owners have entered into an additional agreement specifying the conditions under which the redistribution occurs.

Not every territory can be divided. Such a procedure may be refused for several reasons.

You cannot separate:

• leased plots or those that have an imposed public easement;
• if, after dividing the plots, their area does not correspond to the maximum or minimum sizes;
• plots that are seized or have restrictions in the form of fines;
• areas for which taxes were not paid.

In other cases, the owner has the right to claim the division of plots and the formation of new ones.

One of the main stages of dividing a territory is its land surveying. During such work, not only the allotment is divided, but also new boundaries are established. The plot is tied to a specific area, which later makes it possible to determine its area.

Land surveying is carried out by special geodetic companies. If a citizen wants to register a plot of land with Rosreestr, then he must have a land surveying file.

Documents required for this:

The entire process of dividing land can be divided into the following steps:

• contacting surveyors and conducting land surveying;
• applying to the cadastral chamber to obtain a new cadastral number and deregistration of the previous plot;
• assigning an address to each new plot;
• payment of state duty, the amount of which is 350 rubles;
• sending documents for real estate registration to Rosreestr.

If everything is done correctly, the procedure can last from 10 days.

Sample of notarized consent

Legislative aspect

During the division of a land plot, new plots are formed, and the original territory ceases to exist. The only exceptions are the cases specified in paragraph 4 of Article 11.4 of the Land Code and in other legislative acts (in particular, in Federal Law No. 214-FZ).

If state or municipal territory is subject to division, then several plots can be formed from it. At the same time, the boundaries of the divided allotment remain within the old limits. Such norms are prescribed in Law No. 214-FZ.

In accordance with Article 39.2 of the Land Code, after receiving an application from an interested person that it is necessary to approve a plan and scheme for the redistribution of land, the responsible authorities are obliged to make a decision on approval or refusal no later than one month from the moment the application is sent to them.

The application should be accompanied by a prepared plot division diagram, as well as copies of all documents that establish the right to use the plot (including documents on ownership). Such standards are established by Law No. 361-FZ.

Sample application for division of land

We will tell you why the law considers part of a land plot as an object of land legal relations.

Sequence of division of areas

Violation of the procedure for land surveying is a reason for declaring actions illegal. Consequently, the partition carried out will be considered invalid. At critical stages of dividing a plot, it is better to adhere to certain rules, and if there are difficulties, involve a specialized specialist.

Before dividing land, experts usually create a plan visualizing the area and its planned division. This plan also shows existing real estate (houses, cottages, garages, outbuildings).

Next, to divide the land, owners need to go through the following steps:

1. Conclude an agreement on the procedure for dividing the land . This is necessary if the plot has more than 1 owner. If you are going to carry out the division yourself, and you do not need outside permissions, for example, you want to allocate a plot of land for farming to your relatives and share the territory, then this is much easier to do;
2. Invite engineers to carry out land surveying . During the separation process, all interested parties are notified. This also applies to neighbors who live near the site;
3. Submit documents to government agencies . After all procedures have been completed, documents for the land + application are transferred or sent to the administration. In it, the applicant asks to assign numbers and addresses to the new sections. At the same time, in one of the objects he can assign to himself the characteristics of the common site, but on the condition that changes are made to the documents regarding the area and other characteristics of the object;
4. Simultaneously with the submission of applications, the registration of ownership of the new owners of land plots is carried out.

This is the schematic sequence of legitimizing the division of a land plot.

Required documents

To carry out the procedure for dividing a plot of land, the following documents should be prepared:

• a statement certified by a notary;
• passport;
• documents that establish land ownership;
• cadastral passport of the plot before its division;
• power of attorney certified by a notary (if the documents are submitted by the applicant’s representative);
• a decree issued by the local administration that the site has been assigned a specific address;
• the owner’s consent to the division of the land plot (if there are several owners, then consent must be obtained from each of them);
• document confirming payment of state duty (receipt).

After preparing all the documents, you can submit an application to the geodetic company. Employees of this organization will survey the territory.

Sample certificate of land ownership

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.

Consent to the division of land

Joint property can be divided voluntarily or legally. In the first case, citizens independently draw up a division agreement, which spells out all the conditions. Such a document becomes the basis for registering ownership of the plot. The parties independently determine the procedure for carrying out the procedure.

To formalize an agreement between the parties, you need to create a document such as an agreement.

The sample consent for the division of a land plot must contain the following information:

• personal information about land owners;
• owners contact details;
• the address where the site is located;
• you should provide the name and number of the certificate of ownership of the land or other documents that confirm the existence of the right to use the plot;
• cadastral number;
• what date the entry was made in the Unified State Register;
• consent of the owners to the voluntary division of the plot;
• on what conditions the land is divided (indication of the share of each owner);
• who pays the costs of the land division procedure;
• where the agreement was made;
• date of;
• signatures of the parties.

To confirm the legal validity of the document, the parties can have the agreement certified by a notary. After signing this document, new plots can be registered with the registration authorities.

Sample cadastral passport for a land plot:

From the tenant

Municipal territory may be leased. The condition for this is that the purpose of the land must be preserved. In most cases, it is necessary to divide the leased plot in order to alienate the construction projects erected on it.

If a plot of land has been allocated for rent by a municipal or state body, then consent is not required. In other cases, the procedure for drawing up an agreement remains the same.

Registration of rights to municipal plots occurs on the basis of an application:

• institutions that are executive bodies of state power;
• from local governments;
• from citizens or organizations that received plots of land for use under certain conditions.

A statement from the tenant in such a case will become the basis for starting the separation process.

Mortgagee

The land that is under collateral is also subject to division. But the procedure will require consent from the mortgagee.

The legislation states that after a decision is made by land management authorities, new plots are formed that receive the status of “temporary”. This status is lost only after the site has been registered with the state registration authorities.

Already for state registration, the applicant will need to present consent to the division of real estate from the mortgagee. This means that land management authorities do not have the right to refuse to divide the territory by requiring consent from the lien holder.

Document template and structure

If the division of territory occurs voluntarily, then the parties must enter into an agreement between themselves.

Such a document must contain the following information:

• information about land owners;
• site location;
• cadastral number;
• consent of all parties to redistribution;
• how the land will be divided;
• who will pay the costs.

The division procedure must be carried out in such a way that the divided plots correspond to the sizes specified in the legislation. This means that new plots should not be smaller or larger than the established area.

The rules for obtaining a cadastral extract of a land plot online are described here.

See below what a cadastral passport for a land plot looks like.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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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.

Consent to the division of land

Division of a plot of land is a complex and lengthy procedure that involves completing the necessary documentation. A person who has applied to the state cadastral authorities in order to obtain consent to divide a land plot must understand that this entire process will take a lot of time, and will also have to comply with a number of mandatory conditions established by the Legislation of the Russian Federation.

It is much easier to seek help from a private cadastral engineer who has a land surveyor certificate that allows him to provide cadastral services to clients. The second reasonable option for dividing a land plot is to contact the ANO Center for Land Expertise.

How to choose a cadastral engineer for dividing a plot

The main criteria for choosing an engineer are to check all the necessary conditions for performing work in the cadastral field, the main ones being: a diploma and a certificate of membership in an SRO. It is recommended to check these documents before signing the contract. A specialist who carries out his activities officially will always provide supporting documentation.

Qualification certificate of the Chief Cadastral Engineer of SSG LLC

Kadnikova G.V.

Certificate of membership in the professional SRO of the Chief Cadastral Engineer of SSG LLC G.V. Kadnikov.

Preparation for the division of land

To obtain consent for the division of a land plot, the following measures have been developed:

• Obtaining a cadastral extract for a specific plot from the State Real Estate Cadastre.
• Obtaining a plan of cadastral boundaries and general territory.
• Study by a cadastral specialist of title documents for a certain part of the land.
• Checking the location of neighboring lands in order to identify their exact location in order to avoid crossing borders.
• Identifying the need for geodetic research.

If the consent of the owners to the division of land territory is formalized out of court, then a document with the following content is required:

• Cadastral number of a specific plot.
• Confirmation of agreement on the division of the land plot by all owners.
• Indication of the method of dividing the land territory.
• Address of the land area (where the object is located).
• Information about the owners.

Today, the current legislation of the Russian Federation allows for various manipulations with one’s own land plot: dividing, merging, donating and selling. However, division of a land plot can only be carried out if it is state registered in the prescribed manner.

The agreement on the division of a land plot is the main document; it is concluded by a mutual decision of the owners. This procedure can be carried out at the ANO Center for Land Expertise.

What documents are needed to divide the plot?

After you have chosen a cadastral engineer, you need to prepare the following set of documents:

1. Passport of the owner (owners) of the property.
2. Certificates of ownership/Extract from the Unified State Register of Real Estate.
3. A notarized power of attorney to represent interests, if another Citizen is acting for the owner.
4. Agreement for division in writing from all owners.
5. Court decision on division of the property.
6. Foundation agreement - purchase and sale agreement, gift agreement, certificate of inheritance, etc.

Be sure to enter into an agreement with a cadastral engineer if he works as an individual entrepreneur or with an organization providing cadastral services. It must indicate the details of the contractor, the subject of the contract, stages of work, cost, duration and outcome of the work.

Criteria for the procedure for dividing a land plot

It is known that after the division of one land plot, several separate land units are formed, which represent real estate objects. However, it is impossible to divide one small plot of land into many parts, since the legislation specifies acceptable standards regarding the size of the land area.

Therefore, after each land division procedure, it is important to carry out measurements, which will be indicated in the new document. If the maximum measurements of newly formed territories are not observed, they will not be registered in the cadastral register. Therefore, the agreement on the division of a land plot must indicate its size.

Rules for dividing land:

• If the land territory has a designated purpose and it needs to be changed, then its division is impossible.
• It is impossible to delimit a zone if, as a result of defining the boundaries, they will interfere with neighboring territories, municipal organizations, private property, etc.
• When dividing a plot of land and forming its boundaries, the rules and regulations specified in the Town Planning Code must not be violated.
• Land territory cannot be divided if restrictions are registered on it.
• You can begin preparatory work only after signing an agreement on the division of the land plot.

If it is necessary to divide a land plot between the owners into several parts, an agreement on the division of land is concluded on a voluntary basis. If disagreements arise on this matter, then the division of the common territory occurs through the court. In the second case, the process can last several months, which is an unprofitable solution for both parties. In order not to bring the case to court, it is recommended to seek help from private cadastral organizations - ANO "Center for Land Expertise".

Preliminary actions

Before you start dividing the plot, you will have to go through a rather difficult path. Actually, it always happens when it comes to land ownership, which is of increasing interest to citizens. In order for all property procedures to be carried out on a full legal basis, they must be accompanied by legally competent actions. That is, you must have all the necessary documents.

The documents must be the following:

1. Boundary matter.
2. Cadastral passport of the plot.
3. Certificate of land ownership.
4. Document of title (deed of sale, deed of gift, etc.).
5. Notarized permission of the spouse.
6. Permission from other site owners, if any.
7. Passports of all participants.

If all of the listed documents are in perfect order, you need to write an application to the geodetic company to carry out boundary work.

Land surveying (read what it is here) is necessary to certify the boundaries of the site and verify them in fact with the data from the land survey plan. If everything matches and there are no violations, the geodetic company’s specialists will continue to work. They will verify, calculate and mark out a plan for new areas, in accordance with which land surveying will be carried out.

Engineering and geodetic work includes a whole range of activities that will allow, based on reliable data, to determine and agree on boundary boundaries, and then draw up a boundary plan. The new boundary plan will provide an option for the areas and shapes of the new land plots, as they should be after division. According to the plan, boundaries will be drawn on the actual site, delimiting it into planned shares.

Preparing an application

An application for delimitation of a land plot is written to the head of the geodetic company in your region. The company's address can be found on the Internet by typing a request in a search engine or on the official website of government services.

If this option makes it difficult for you, contact your local cadastre and cartography department , where they will help you find the right specialists. Before writing an application, it would be a good idea to inquire about the availability of certificates and licenses. If the company does not have the proper powers, your actions to divide the land may not acquire legal force.

The application must indicate:

1. The name of the organization, its form of ownership, the surname and initials of the head (in the upper right corner of the sheet).
2. Information about yourself (just below).
3. Name of the document: “application for land surveying” (middle of the sheet).
4. In the main part, indicate all the information about the land you own. This data must reflect the characteristics from the cadastral records of the site, with the obligatory indication of its cadastral number. Explain when and how you got this plot and by what right you can dispose of it, i.e. when it was registered as property.
5. Next, express your intentions that you plan to divide this area, determine exactly the number of parts into which it should be divided. Explain that this does not contradict the regulations established in your region, list all the above reasons that cannot interfere with your decision.
6. Explain the reason for the application, with a request to carry out engineering and geodetic work on the site in order to survey it, and with the subsequent preparation of the necessary documents.
7. Put the date and signature.

A sample form is available here.

Separation Agreement

An agreement on dividing a joint plot between the owners is the surest option, which will not be contested unless absolutely necessary. If, in fact, the land belongs to several owners, then they have the right to divide it provided:

1. Proper legal support.
2. Without any restrictions, encumbrances or other obstacles.
3. If there is ownership rights certified in cadastral records.
4. Drawing up an agreement between all owners.
5. Joint contact with a geodetic company regarding land surveying.

The agreement is drawn up in free form by two or more (depending on the number of owners) parties who agree on the land surveying of the site. Accordingly, the agreement must indicate:

1. Complete information about each owner.
2. Complete information about the site.
3. Agreement on the agreement adopted by the parties on the division of the plot into separate plots.

The drawn up agreement will be the basis for dividing the plot by land surveying. It must be attached to the application and other documents necessary to formalize the division of the plot.

A sample agreement is here.

And here is the solution!

The decision on the division of the land plot will be made by the geodetic company if it is authorized to make such decisions independently. Everything will depend on what rules exist in your region. There may be two options here:

1. The geodetic company itself coordinates such issues with the local municipality.
2. She will require prior permission from the local administration.

In the second case, you will have to contact the head of the local administration , who will certify your application by imposing on it a resolution to authorize the division. You may have to write a separate application to the administration asking for permission to divide the plot.

Keep in mind that the issue of dividing a site is associated with many factors that are decisive for the economic policy of the region, so the participation of the municipality may be the most direct.

The owner's decisions can be found here.