Preparation of an application for division of a land plot

5

Russian legislation allows certain manipulations to be carried out with land plots owned by citizens, one of which can be called their division into several smaller ones. The basis for dividing one plot into several is the decision of the owner of the plot, confirmed by documents.

Division of a land plot is a legal procedure that results in the formation of two or more new real estate properties that belong to different owners. In this case, the original site ceases to exist as a separate unit of property.

Who has the right to decide on the division of land, grounds for division

Making a decision on the division of a property is the prerogative of its owner: only the owner of a land plot can submit an application for its division. If there are several owners, then division is possible only with the written consent of all its owners.

The division of land can occur for various reasons: family, financial, related to the intention to donate or sell your share, leave as an inheritance or lease. The following situations may be grounds for dividing a property:

• the original property is owned by several owners who want to divide the property, including land (for example, during a divorce and division of joint property);
• the plot is owned by several heirs, each of whom has his own plans for the land;
• one of the co-owners intends to sell his share of the plot:
• one of the owners intends to conduct business on his share of the land.

What is a division of land

In accordance with the requirements of Articles 11.2, 11.4 of the Land Code of the Russian Federation, the division of land ownership involves certain cadastral work, in which two or more independent ones are formed from one land plot. Land ownership can be divided by concluding an agreement on its division, which requires the consent of all its owners, or on the basis of a court decision.

The territories thus formed must comply with the statutory requirements regarding the minimum size of land holdings.

The establishment of such indicators is carried out through urban planning regulations or land legislation (regarding lands in respect of which urban planning regulations do not apply).

Section nuances

Regardless of the reasons for the division, it is necessary to take into account all legislation and regulations related to the land.

For example, after division, all secondary plots cannot change their status and purpose. If the original plot was agricultural land, then all secondary real estate formed after the division should remain in the same status. If the original plot was intended for individual housing construction, then not a single secondary plot can be used for other purposes.

The second condition for dividing one property into several is the legal requirement that none of the secondary plots can be smaller than what is stipulated in the legislation for each type of permitted activity on the original plot.

For example, in the Moscow region, the size of secondary land plots must be no less than:

• 2.0 hectares for farming;
• 0.06 hectares for a garden plot;
• 0.04 hectares for vegetable gardening;
• 0.06 hectares for private housing construction.

The third condition is that the land that is planned to be divided must have boundaries that comply with the land code.

Fourth, each secondary site obtained as a result of the division must have free access to it.

For example, no secondary plot should be located inside another (others) in such a way that the passage to its territory goes through land belonging to another owner.

When will the section be denied?

As with any other legal action, the division of land has its limitations. The following points may be grounds for refusal to divide this property:

• after the division of the original, secondary plots will not meet the minimum standards established in the region;
• the land is offered for rent;
• a public easement is imposed on the original site (a forced lease in which both the owner and the recipient of the easement can equally use the part of the land encumbered by the easement);
• the site has any encumbrances or restrictions in the form of fines or seizure.

For example, the owner of a land plot has arrears in tax payments and the enforcement case is with the bailiffs. In this case, until the entire debt is repaid, there can be no talk of any division.

When is partition impossible?

Not every plot can be divided by desire alone.

Expert opinion

Korolev Denis Igorevich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Any of the above grounds entails the absolute impossibility of dividing the land plot by the owner. It will not be possible to achieve the division of land contrary to the norms of the Land Code either through the court or in agreement with local authorities.

Section order

The division of land, like the division of any other property, occurs in several stages.

Preparing for the section

There are often cases when a property is used legally, but the owners do not have the necessary permits or have only part of them. In such cases, first of all it is necessary:

1. Receive documents from the cadastral chamber (cadastral number and plan). To do this, the land must be registered in the cadastral register and, accordingly, it must have its own cadastral number.
2. To have a certificate that the boundaries of the divided plot in no way violate the boundaries of neighboring territories, for this it is necessary to conduct an appropriate examination.
3. Order geodetic surveys to confirm the validity of field work.

Surveying

Performed before the partition process begins. Only those structures that have a license for this type of activity are allowed to carry out land surveying work. This procedure consists of determining the exact boundaries of both the divisible and secondary plots, and installing boundary pillars. To carry out the surveying process, a survey file is opened, which is finally formed after all geodetic and cadastral actions have been completed.

1. Preparatory work. It is necessary to study all the documents for the original plot in order to establish the possibility of division, and obtain a plot plan from the cadastral department.
2. Field work. A specialist on the ground carries out geodetic work, compares the actual boundaries with those indicated in the plan, and marks the boundaries of the primary and secondary sites on the plan and with boundary signs directly on the territory.
3. Cadastral works. This type of work on dividing the territory consists of agreeing with all owners of the land plot, transferring these plans to the cadastral department for verification and issuing new cadastral passports for all secondary plots of land.

Drawing up a decision on division

It is drawn up in writing and signed by all parties to the agreement. To draw up a contract, the following documents are required:

1. Cadastral passport of the divided plot.
2. Title documents for land.
3. Papers confirming that individual addresses are assigned to the newly created areas.
4. Written consent to the division of land from each of the co-owners of the primary plot.

The procedure for dividing a plot by decision of the owner

The current legislation does not provide for the maximum number of newly created land plots that may arise during the division process.

Example. Ivanov owns a plot with a total area of ​​35,00 sq.m. in the city. They decided to divide it into several sections:

• 2500 sq.m. for the construction of a shopping center, parking and car service;
• 2 plots of 500 sq.m. for individual housing construction.

At the same time, in the region of his residence, the municipality has the minimum acceptable standards for the construction of buildings and structures - 1000 sq.m., for individual housing construction - 350 sq.m. Thus, Ivanov has the right to divide the plots in the specified proportions.

If a person owns the land solely, then this situation eliminates the need to draw up a division agreement with other co-owners. The process of dividing such a plot does not pose any legal complexity, but only if all norms of land legislation are observed.

Thus, the previous stages of land division are land surveying, assignment of cadastral numbers and registration of cadastral documentation for land plots. It is also necessary to have a registered property right with a corresponding entry in the Unified State Register.

In addition, an important part of the agreed procedure is proper documentation, namely the drawing up of the owner’s decision on the division of the land plot.

The specified document is a unilateral transaction, which acts as a title document, as well as the basis for state registration of property rights to newly created real estate.

Sample owner's decision on division of land 2021

The owner's decision on the division of land is drawn up according to a specific template, which contains all the points necessary to fill out.

SAMPLE OWNER'S DECISION ON DIVISION OF LAND

The document is drawn up in two copies and must contain the following data:

• place and time of drawing up the document;
• title: “Owner’s decision on division...”;
• personal data of all land owners;
• information about the primary allotment (cadastral number, size, address, what category the divided land belongs to, etc.);
• a certificate stating that the allotment does not have any encumbrances and is not controversial;
• information on the transfer of ownership of secondary plots;
• signature of the owner of the primary land plot.

The required fields in the document include the cadastral number of the plot and a description of the result the section will lead to.

Final design

After the division of the property, secondary plots must be registered, and a new address must be obtained for each newly created plot.

Then each new property is registered in the cadastral register. Each owner must visit Rosreestr, bringing with them an application, a survey file and a certificate of address assignment. Typically, the application is reviewed within twenty working days, after which the new owners are issued a document assigning a cadastral number and a cadastral passport is issued.

The last stage of registration of new plots is registration of ownership. To register, you must contact Rosreestr by submitting the following documents:

• statement;
• the owner's decision to divide the plot;
• cadastral passport.

The division of land is a rather complicated procedure; it requires legally competent and accurate registration. If at least one paper is not drawn up according to the rules, or the owner violates the order and procedure for the division, at best the process will be delayed for a long time, at worst, the owner of the plot may be refused to divide the land.

In order to avoid such undesirable results, the land owner must carefully study all legislative acts before starting the entire procedure, and this is quite difficult. The best solution would be to contact a competent lawyer who knows all the legal intricacies of this process.

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