Dividing a land plot into two - all the details of the procedure

The legislative framework

The main document on the basis of which a plot of land is divided is the Land Code

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So, in articles 11.2, 11.4

it is said that the division of a plot is a type of cadastral work in which two or more were formed from one plot.

The law establishes the minimum permissible dimensions of the areas formed after the division.

The minimum size of a plot that is used for farming is determined by local authorities and fixed by legislative acts.

For other types of plots, permissible minimum and maximum sizes are established in accordance with the documentation (urban planning, design, etc.) and land use and development rules.

From the point of view of the law, the plot can be divided between the owners on a voluntary basis by concluding a peace agreement.

The presence of disputes regarding the upcoming division procedure is grounds for going to court. In this case, the division is carried out by court order.

The procedure for drawing up and approving the scheme

Currently, there are no regulations in Russian legislation regarding the procedure for drawing up this document. The regulations do not contain information about the order in which this scheme is implemented.

At the moment, the Russian law only states that the responsibility for organizing the drawing up of a division plan falls on the local government bodies in whose area of ​​responsibility the given site is located. It is the administration at this level that must determine how the scheme for dividing the land plot is drawn up. In addition, the local government authorities have the responsibility to notify interested parties that in the near future a division procedure will be carried out in relation to the site in accordance with a certain scheme.

Purposes and conditions for dividing the plot

The purpose of land division is to turn one plot of land into two independent plots.

The procedure for dividing a plot is understood as a whole series of activities, which consist of carrying out preparatory and cadastral operations, and registration work to formalize the division.

When the partition process is completed, the single area ceases to exist.

Instead, two separate sections are formed, endowed with independence by law.

The owners of the divided area receive the right of common ownership of the plots.

Dividing a land plot into two parts is possible subject to the following conditions:

• After the division, each resulting area receives independence.
• The original purpose of the site should not be changed.
• The area of ​​the plot should not be less than the minimum norm established by law.
• Each site must have its own entrance or passage.
• There is no legal prohibition on the division of land. Thus, plots intended for farming cannot be divided into two parts.

Conditions for dividing land

The procedure for dividing a land plot is fully prescribed in the Land Code of the Russian Federation. In essence, it represents cadastral work of a certain type. According to the law, from one plot it is possible to form, depending on the area, two or more separate plots. These plots must necessarily meet the required minimum dimensions, the norm of which is determined by the town planning regulations.

When dividing land, the following conditions must be taken into account:

• the existence of an agreement between the land owners (in writing) or a court decision on division;
• determining the size of the new plot, which should not be less or more than the maximum and minimum dimensions. For example, if a minimum area of ​​400 sq. m. is established in the area, then a plot of 800 sq. m. cannot be divided into 600 and 200 sq.m.
• the planned land plot must have a separate entrance or access to other plots and public lands;
• when dividing the land, there should be no disputed real estate on the site that is permitted for use;
• the site should not be on the same border with municipal lands or the border of a city or locality. Also, it should not cross adjacent areas. Otherwise, it will be necessary to carry out a procedure to clarify the boundaries;
• creating a boundary plan for the site and conducting geodetic surveys.

What is land surveying and why is it necessary?
Without this procedure, division of a land plot is impossible. It is not cheap and specialized land management organizations with a license have the right to carry it out. Land surveying allows you to clearly determine the boundaries and area of ​​the future site in the presence of the owners and in accordance with the land surveying instructions. Then a plan is drawn up for each plot, which is confirmed in the cadastre. By the way, the category of the site will be assigned the same as before the division. Easements and intended use remain the same.

Division of the plot peacefully

If an agreement has been reached between the owners of a land plot regarding the division of the land into two parts, then they only need to draw up a peace agreement and formalize it notarized.

After the local authority issues a resolution on the division of common land into two independent plots, the owners will only have to carry out the division procedure, register the plots in the cadastral register and register ownership.

In the land division agreement, owners must indicate the following information:

• Your personal data (profile and passport, contact).
• The address where the site is located.
• Cadastral number.
• Written consent of all owners to the division of land.
• Description of the method of dividing the site.
• Methods of payment of necessary expenses of the parties.

If one of the owners opposes the division of land, it becomes possible to resolve the issue only through the court.

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What are regulatory legal acts in the Russian Federation:

Is it possible to divide a plot of land into two?

The possibility of dividing land into 2 owners is provided in the case when there is a technical possibility for the division and the owner of the land plot has issued title documents for the object.

Partition may be demanded by heirs by law and will, who became co-owners after the death of the title owner of the plot. Spouses can also divide a plot as part of the division of property during marriage or after a divorce.

Access and passage must be provided for each site. In exceptional cases, after dividing the land into 2 plots, it is possible to establish a paid public and private easement by agreement or in court.

An easement is the right to limited use of someone else’s land. For example, through passage to your territory.

For example: Co-owners Ivanov and Petrov decided to divide the land plot. But the configuration of the borders was such that in order to fully operate all the structures on their site, the Petrovs had to drive through the land plot allocated to Ivanov. After several conflicts, the parties agreed to establish an easement: the procedure and conditions for the passage of vehicles through Ivanov’s site to Petrov’s site.

Important: If the share owners agree to the division, then it is enough to draw up a written agreement. The law does not provide for compliance with the mandatory notarial form of such a document when registering it. But for the sake of legal reliability of the transaction, it is advisable to have the agreement certified by a notary, and only then register changes in ownership in Rosreestr.

The division of a plot between owners should be distinguished from the allocation of a share from a common land use object. When divided, two plots lose cadastral numbers and new objects are formed. If a share is allocated, the original land use is retained. The share converted into land equivalent is converted into a separate plot, it is assigned a new cadastral number and other information. Division is possible if the previously intended intended use of the property is preserved.

If you refuse to partition and evade the procedure, the interested person will have to file a statement of claim in court. If obstacles arise from government agencies or local governments, then an administrative claim must be prepared.

Possible difficulties when resolving the issue through court

The need to go to court arises if disagreements arise between the owners or the whereabouts of one of the owners is unknown (which makes it impossible to obtain his consent).

When making a decision, the court is guided by the desire to respect the interests of all land owners. No one's interests should be infringed as a result of the division.

The statement of claim must be drawn up properly.

It is advisable to contact a competent lawyer who will help prepare the document.

In addition to information about the owners and the land, the statement of claim indicates what areas and boundaries the plots will have as a result of the division.

All necessary documents and copies are attached to the statement of claim (copies of passports, cadastral number, duty payment receipt, etc.).

The list of documents for each specific situation may differ.

The statement of claim with the attached documents is submitted by the plaintiff to the court at the place of residence of the second owner.

If there are no obstacles to dividing the land, the court can, without any particular difficulties, decide to allocate to the owners a share of the plot that has a separate driveway or passage.

But it is possible that the court will refuse the plaintiff. For example, if the land is legally indivisible.

In this case, the court can determine the procedure for using the plot, when each owner has his own part of the land at his disposal, but legally the plot is a single whole.

In some cases, the court may decide to sell the plot and distribute the proceeds from the sale in proportion to the shares of the owners.

Stages of dividing a plot

The procedure for dividing a plot includes a number of stages:

• Concluding an agreement with an organization that has a license to conduct land surveying (determination of site boundaries).
• Obtaining the consent of other owners to carry out land surveying.
• Obtaining a court order (if it is not possible to reach an agreement between the owners).
• Providing the cadastral engineer of the organization with title documents.
• Establishment of site boundaries by an engineer . The establishment of boundaries must be carried out in the presence of the owners or their representatives with a power of attorney. The engineer will establish the boundary of the site and the boundaries of the two new sites being formed. The boundaries will be fixed with special signs. Also, the specialist will determine the area of ​​the original land and two new plots. Based on the results of the work, boundary drawings will be drawn up and a boundary file will be generated (an act of establishing boundaries, a drawing, a sheet for calculating the area).
• Assigning addresses to the two resulting areas . To do this, you need to write an application to the architecture and urban planning authority, attaching the relevant documents (land survey file, title documents, cadastral passport for the original plot, peace agreement or court order).
• Registration of two new plots for cadastral registration . To do this, you need to contact Rosreestr with an application, passport, land survey file, and a resolution on assigning an address. The application can be submitted not only in person, but also by mail, through the government services portal, or at the MFC. Cadastral registration authorities must register new plots of land within 10 days from the date of receipt of the application. Then citizens are issued passports for the resulting land plots.

After going through all these stages of division, the owners only have to register ownership of the new plots.

The procedure for dividing a land plot and a house through the court

It’s good if all co-owners of the property managed to agree on the division of the house and land, but what if not? Then the initiator of the division will have to go to court with a claim for forced division.

Algorithm of actions

A certain procedure must be followed:

1. Attempt at pre-trial settlement.
2. Invitation of a cadastral engineer, obtaining an opinion on the technical feasibility of the division and boundary work.
3. Distribution of shares.
4. Collection of other documents.
5. Appeal to the district (city) court with a claim for division.
6. Participation in court hearings and defending your position.
7. Receipt of a court decision that has entered into force.
8. Preparation of documents for registration of property rights.
9. A visit to Rosreestr with an application to change entries in the register and subsequent receipt of an extract from the Unified State Register of Real Estate.

Statement of claim

Sample statement of claim for allocation of shares

When drawing up a statement of claim, it is necessary to comply with the requirements outlined in Art. 131-132 Code of Civil Procedure of the Russian Federation. If these requirements are not met, the court will refuse to accept the claim.

The structure of the statement of claim for the division of a land plot and a residential building:

• name and address of the court to which the claim is filed;
• personal data of all parties to the process (full name, address, contacts);
• cost of claim;
• descriptive part, here the plaintiff must indicate how he received a share in the property, how the house and land plot are used, how the shares are distributed, the plaintiff’s property claims;
• the grounds on which the plaintiff goes to court;
• information about attempts at pre-trial settlement;
• the reasoning part, in which the plaintiff sets out his version of the section and refers to regulations;
• claim;
• a numbered list of documents attached to the claim;
• date and signature.

Documentation

What documents will be needed:

• photocopy of the plaintiff's passport;
• title documents for the property;
• registration certificate for the house;
• cadastral plan of the land plot;
• certificate or extract from the Unified State Register of Real Estate;
• expert and assessment documents;
• several copies of the statement of claim (according to the number of parties to the process);
• receipt of payment of state duty.

Deadlines

A judicial division will take even longer than a division by agreement. In addition to all the above procedures, at least three months will be needed for the trial itself. In some cases, court proceedings for the division of residential premises and land plots last from six months to a year, or even longer.

Price

Claims for the division of a house and land plot relate to claims of a property nature, so the state duty will depend on the price of the claim. The minimum state duty is 400 rubles, the maximum is 60,000 rubles. You can calculate the cost of the state duty yourself using Table 1.

Table 1. Calculation of the amount of state duty for claims for division of a house and land depending on the price of the claim

Additionally you will have to pay:

• state duty to Rosreestr – 350 rubles;
• for an extract from the Unified State Register of Real Estate – 400 rubles;
• for drawing up a cadastral plan - 1,500 rubles.

List of documents for registration of property rights

For state registration of formed plots, it is necessary to provide the relevant documents to the authorized bodies:

• A peace agreement certified by a notary (if there is a voluntary agreement between the owners).
• Court ruling (when resolving the issue through the court).
• Passports.
• Title documents for land.
• Administration resolution on assignment of addresses.
• Cadastral passport.
• Receipt of payment of the state registration fee.
• Power of attorney (if the interests of the owner are represented by a proxy).

How to divide a plot of land into two plots by agreement of the parties

For the section you need:

• agree with co-owners on land surveying and establishing its final boundaries;
• use the services of a cadastral engineer and draw up a land survey that involves the formation of two real estate properties.
• sign the agreement and, if necessary, formalize it with a notary.

Land surveying is carried out in the presence of the owners of the property, their representatives, as well as neighbors of adjacent plots. Upon completion of the formation of boundaries and in the absence of a dispute over their determination, the cadastral engineer establishes boundary signs and prepares technical documentation.

Based on the land survey, the parties sign an agreement on the division of the land plot.

It states:

• date of transaction;
• information about the parties to the agreement, their passport details and other identifying information;
• detailed description of the section - indicating the boundaries of the formed areas, the purposes of their use, and the actual location.
• the procedure for dividing and transferring formed land plots.

In the survey file, the address of land use objects is not indicated, but the location of their actual location is indicated. To obtain an address, you will need to contact the land management department of the local administration with an application to assign the address of the land plot. A copy of the land survey case, agreement or court decision on the division of plots is attached to the application.

An agreement regulating the process of dividing a land plot must be signed by the parties. If the counterparty has a seal, then it must be affixed to the document. The law does not provide for a limit on the number of copies of documents. They must be prepared taking into account the need for one copy for Rosreestr.

Documentation

To formalize the agreement and register it with Rosreestr, you will need to submit:

• Passports of the parties to the agreement;
• Documents on land ownership;
• Cadastral documents and other technical documentation;
• Expert opinion on the possibility of dividing the land in kind;
• Receipt of payment of the duty.

Sample agreement

The sample voluntary agreement on the division of a land plot presented below can be used to draw up your own project. We strongly recommend that you consult with lawyers before preparing all documents, because Rosreestr will not allow an agreement with errors or conditions that violate the rights and interests of the parties to be registered.

Costs and fees

• When certifying signatures by a notary – 200 rubles. The terms of the agreement are not certified, since notarization of this form of transaction is not prescribed in the law of the Russian Federation.
• The fee for registering the transfer of ownership/making changes to the Unified State Register is 2000 rubles, when paying through State Services it is 20% cheaper. For organizations - 22,000 rubles.
• Expenses for conducting an examination, legal assistance - depending on the situation and taking into account the complexity of the case.

All expenses incurred by the parties are not reimbursed, but the parties to the agreement can agree on an equal distribution of costs for registration, examination and other needs.