Decision on the division of land: sample 2021

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Many families are faced with the need to divide a plot of land. Most often this happens during divorce and division of property; some owners want to have land in personal rather than shared ownership. As a result of such a division, the common plot loses its status as a real estate object, and in return, on its basis, several other objects appear.

When is partition impossible?

Not every plot can be divided by desire alone.

No.	Situations in which partition is impossible
1	The creation of new plots excludes the possibility of using the real estate located on them according to their intended purpose.
2	Impossibility of using land due to imposed encumbrances
3	The allocation of new plots can lead to violation of the boundaries of neighboring plots, making it impossible to construct buildings and structures on them, etc.
4	Intersection with forestry boundaries, except for cases provided for by current legislation
5	The impossibility of creating separate entrances to their territory in new areas

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.

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.

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.

Final stage

After registering a land survey and receiving a postal address, co-owners can apply to Rosreestr to register a separate plot of land for each of them. In addition to the application, you should attach:

copies of passports;
decision on assigning a postal address;
boundary plan;
a copy of the agreement.

From the moment of registration of the right of each co-owner to the allocated land plot, the common right of ownership will be terminated and each of the co-owners will receive an extract from the Unified State Register of Real Estate on the registration of his right to the land plot.

Stages of making a decision on the division of a land plot

Before dividing the land, several preliminary steps must be completed.

Collection of the necessary documentation (cadastral number and plan of the original land plot, a certificate stating that the boundaries of the plot in no way intersect with neighboring plots).
Documents confirming the conduct of geodetic surveys.
Carry out land surveying. Only those organizations that have the appropriate licenses to carry out such work are allowed to participate in this procedure. The land surveying process consists of establishing the boundaries of both the initial and future land plots. For this purpose, a land surveying business is opened. This process is also divided into several stages of work, namely: preparatory, field and cadastral.
Drawing up a decision on the division of land and preparing documents for registering the division of the plot.

Land surveying works

Land surveying is necessary to determine the boundaries of the plots allocated to each of the co-owners. Only organizations that have received a state license for this type of activity have the right to carry out land surveying work. This means that this organization has a cadastral engineer on staff.

To conclude an agreement with such an organization, the co-owners must provide it with a copy of the agreement and enter into a contract agreement with it for the implementation of land surveying work.

In the process of executing a contract, the land management organization performs the following actions:

receives an extract from the cadastral book;
requests a land plot plan from the State Cadastre;
studies documentation;
evaluates the location of the site and adjacent lands to establish a reference point;
resolves the issue of the need to conduct a geodetic examination;
establishes the boundaries and areas of allocated land plots in proportion to the shares of co-owners;
draws up a boundary plan;
enters a boundary plan into the real estate cadastre.

If all co-owners agree with the prepared land survey plan, the cadastral engineer draws up an agreement, in which all co-owners will have to put their signatures. If there are disagreements between co-owners, the cadastral engineer will draw up a new plan. If it is impossible to achieve agreement, the cadastral engineer will stop work and invite the co-owners to go to court.

Sample owner's decision on division of land 2021

A correctly drawn up agreement on the division of a plot should contain the following information:

place and date of document preparation;
a name reflecting the essence of the transaction;
personal information about the owner of the plot, such as full name and address of residence;
information about the land plot, namely: its cadastral number, address and total area, what category the newly created plots belong to;
a decision on the division of a land plot, indicating all the details of such a plot;
statements regarding the presence or absence of restrictions, encumbrances, etc.;
information regarding the transfer of property rights to new plots;
place for the owner's signature.

It is best to entrust the drafting of a decision to an experienced land lawyer. After all, even the slightest mistake will significantly complicate the procedure for registering ownership of newly formed plots.

You can also use the sample below, but it is recommended that you obtain a free consultation from our lawyers before completing the document.

Obtaining a mailing address

After receiving the boundary plan, co-owners will have to contact the department of architecture and urban planning at the local executive authority to obtain a separate postal address for each plot.

In addition to the application, they will have to provide:

a survey document drawn up by a cadastral engineer;
certificates of each co-owner of ownership of his share;
cadastral passport of the land plot;
a copy of the agreement of co-owners or a court decision.

Based on the documents provided, the land plots will be provided with a postal address.

How is the owner’s decision to divide the land registered?

In order to finally complete the division of land plots, it is necessary to carry out their state registration, as well as assign their own addresses to the indicated plots.

After this, the newly created real estate is subject to cadastral registration. To do this, the owner of the dividing plot needs to contact the territorial office of Rosreestr. In this case, you should take with you the corresponding application, land survey file and documents confirming the assignment of a new address to the created plots.

Consideration of this issue, as a rule, takes no more than twenty days from the date of application. Based on the results, cadastral passports are issued for new plots and cadastral numbers are assigned.

Expert opinion

Korolev Denis Igorevich

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

Important! The decision of the land owner to divide it is not subject to notarization, contrary to a number of misconceptions. This document is relevant only for Rosreestr; the participation of a notary is not required here!

The final stage of this procedure is the registration of ownership of the newly created plots.

For this purpose, you need to contact the Rosreestr authorities again and provide the following documentation:

a corresponding statement from the owner;
passport;
receipt of payment of a fee in the amount of 2000 rubles for registration of rights;
the owner's decision to divide the land plot;
cadastral passport of the allotment;
other technical documentation;
Documents providing grounds for ownership of a land plot.

The procedure for dividing a land plot always requires close attention and maximum concentration. The slightest mistake and the registration of rights to the divided plot will be delayed.

Contact our lawyers for a free consultation and get answers to any of your questions regarding the division of a land plot by decision of the owner.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Is it necessary to notarize?

It is recommended to perform the procedure if the owner(s) decides to postpone the registration of rights for a certain period. In addition, if any of the parties refuses the drawn up agreement, then a notarized consent will help to avoid unnecessary litigation.

Current legislation does not oblige owners to draw up a notarial agreement, but any of them has the right to insist on certification of the document by a notary.

In addition, the SOP is subject to registration in Rosreestr and cadastral registration, as well as endorsement in the department of the administrative body authorized to carry out this procedure.

How to apply correctly in 2021

First, study the requirements for the site before dividing it.

I published 2 instructions because... Much depends on the number of owners. The instructions are suitable for different types of plots - individual housing construction, private household plots, SNT, etc.

Option No. 1 - when the site is owned by several owners

How to divide a plot if it is owned by several owners - the instructions are suitable for both common shared ownership and joint ownership. The design was laid out in 4 stages.

Option No. 2 - when there is one owner

How to divide a plot if it is owned by one owner. In this case, it is easier to divide the area; the instructions on the link are only 3 steps.

Division of land in case of shared ownership

The land fund in the Russian Federation is distinguished as a special type of property and is regulated by many legal acts, for example, the Civil and Land Codes (Civil Code of the Russian Federation and Land Code of the Russian Federation). Art. 252, 254 of the Civil Code of the Russian Federation establishes the right for owners to divide the land plots they own. According to the provisions of Art. 11.4 of the Land Code of the Russian Federation, division of land is also possible.

The main feature of shared ownership is that the owners cannot dispose of the property independently of each other. Since this form of use complicates the exploitation of the land, the owners decide to divide it. As a result of the procedure, new objects with different cadastral numbers appear (find out why a cadastral number is needed).

Requirements for sites

Not every plot can be divided; there are certain requirements for this:

If the plot is not registered in the cadastral register, first you need to fix it. And only then can the plot be divided. Registration of a land plot for cadastral registration.

In short, find the plot on the public cadastral map of Rosreestr. To avoid searching, you can click the “magnifying glass” button on the left and enter the cadastral number of the plot.

If a plot has boundaries, it will be highlighted in yellow on the cadastral map. If the boundaries are not specified, “Nothing found” or “No boundary coordinates” will be written.

In this case, you first need to establish the boundaries of the site and only then deal with the transfer from private household plots to individual housing construction.

(click on the pictures to enlarge them)

Borders are not defined

The minimum area varies in populated areas because it is set by local authorities. It also depends on the category of the site and the type of its permitted use.

For example, the minimum size of a plot of individual housing construction or private plots in the Lyubertsy district of the Moscow region is 4 acres, and in the Balashikha district for the same plots - 6 acres. In paragraph

Leskolovo, Leningrad Region, for individual housing construction - at least 6 acres, for private household plots - at least 10 acres. Therefore, it is impossible to divide a plot of 10 acres into two plots if the local administration has set a minimum size of 6 acres.

Each plot must have access/passage , otherwise it will not be registered in the cadastral register - paragraphs. 26 clause 1 art. 26 of the Law on Real Estate Registration. If it is not possible to make access to the site from the street (road), it must be made through the adjacent obtained site.

Below I have illustrated how owners can divide a plot depending on its location.

The first option is that each site has access from the road

Second option - access to the second plot is through an easement

Good afternoon. A plot of 18 acres with a house in the Leningrad region is registered in the name of two brothers. Is it possible to divide both the plot and the house? Will there be two electricity lines in this case? If the house is planned to be demolished in the future, whose land will be cleared from the former house? Thank you.

Hello Tatiana. It is very difficult to divide a house - each part must have its own separate entrances, at least one living room, and so on. This is a topic for a separate article; I haven’t written one yet. It’s better to demolish the house first and then divide the plot.

Expert opinion

Korolev Denis Igorevich

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

Hello. We have a plot and a house shared by five people (1/5) in equal shares of 2.58 acres of private housing construction in the Moscow region, land surveying has not been done.

I have 1/5 and want to buy another 1/5. To build a house so that the plot is already 5 acres.

Is it possible? And How? If it is not possible to allocate a share of 2.58, then the minimum must be 4 acres. Accordingly, a purchase and sale transaction cannot be carried out without allocating a share

Hello, Ekaterina. Depends on the location of the current house.

Usually the distance between the house and the boundary of the plot (setback) is at least 3 meters. That is, the border of the new plot should be at least 3 meters from the current house.

And on a new site, a newly built house must also be at least 3 meters from its border. Each site must also have an entrance from the street/road.

If you manage to keep the indentations, then do this: 1) Do a survey of the current site to establish its boundaries. To do this, contact a cadastral engineer to draw up a boundary plan.

Costs approximately 20 thousand rubles. Submit a land survey plan for registration.

The state duty is 350 rubles. The plot will now be displayed on the cadastral map.

2) Divide the plot into two - 5 acres and the remaining 7.9 acres with the house. To do this, we again turn to the cadastral engineer to draw up a boundary plan, but for the division.

It also costs 20 thousand rubles. Along with the boundary plan, you draw up an agreement that the new plot of 5 acres will be yours only, and the old plot of 7.9 acres will remain with everyone 1/5 as before.

Expert opinion

Korolev Denis Igorevich

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

The fact is that through the agreement you cannot transfer your share of the house to others, because this does not apply to the agreement. But it is impossible to transfer only a share of the plot without a share of the house.

Submit a land survey plan with an agreement for registration. State duty 4 thousand rubles.

(2 thousand rubles for each site).

3) You have become the owner of a plot of 5 acres, but you still have 1/5 of the old plot and the house on it. You can sell your shares to other owners.

Purchase and sale agreement only in notarial form - clause 1 of Art.

42 of the Federal Law on Real Estate Registration. It will cost approximately 10 - 15 thousand rubles.

And the state fee for registration is 2 thousand rubles.

Hello. In Stavropol, on a plot of 7 acres (for rent), together with my parents, I built a duplex house. Now we want to sell our half. Is it possible to divide both the plot and the house?

Hello Zurida. Write the cadastral number of the plot. I’ll look at the local land regulations for the requirements for the site when dividing.

Hello! We want to build two houses on 5.5 acres of land in Sochi. Can they be demarcated and put on cadastral registration?

Hello, Ekaterina. No, it won't work. In Sochi, the plot of individual housing construction must be at least 4 acres, private household plots must be at least 12 acres. This is specified in local building and land use regulations.

Good afternoon, a neighbor is giving away part of a plot of land that he does not use and there is a vacant lot there, how can I register it as ownership of my plot or register it separately?

Hello, Olesya. You can attach it to your site or make it separate, but there are certain conditions for this. Have the plots been surveyed? What is the area of the plots and the part that the neighbor is giving away? Does he just give it away? Explain your situation in more detail and get an accurate answer. Better yet, write down the cadastral numbers of the plots.

Hello. Please tell me. We are dividing a land plot that is in common shared ownership.

There is a building on the land plot, the distribution of shares in the building is the same as for the land plot. What document must be attached to the boundary plan so that when a land plot is divided into 2, one plot remains in the ownership of one person, and the second (with the house) remains in the same shares as the building

Hello, Anastasia. An agreement on the division of the land plot and termination of the right of common shared ownership must be attached.

Ask a cadastral engineer who will draw up a boundary plan. .

In it, indicate that the first plot (without the building) becomes the property of one of the owners, and the second (with the building) becomes shared ownership between two owners, indicating the shares of each. There is no need to write anything about the building, just the plots.

The concept of divisibility

A common piece of real estate is considered divisible if it can be broken up into several land plots without deteriorating its performance and violating the property rights of all co-owners, as well as third parties. As a result of this procedure, the land use category should not change.

Also, as a result of the procedure, plots should appear whose area is not less than the minimum permitted value. It is determined individually for each region, but the formation of plots of one or two hundred square meters is unacceptable. Article 11.9 of the Land Code of the Russian Federation regulates the requirements for areas arising in the process of division. For example, in the Moscow region, parameters have been set for:

farms – 20,000 sq. m. (minimum);
gardening - 400 sq. m.;
gardening and country house construction - 600 sq. m.;
lands for private household plots and individual housing construction - 600 sq. m.

Information on permissible plot sizes for specific areas is clarified in the municipality and federal urban planning regulations. Before dividing the territory, you should pay the land tax, since failure to pay it may result in refusal to register the transaction.

So, based on this information, the following conclusions can be drawn:

Memory units that have undergone the division process must be checked for compliance with the established minimum and maximum areas. If the land plots formed after division do not meet this requirement, then in the process of registering such land plots for cadastral registration, a legal refusal may follow. This nuance is disclosed in paragraph 3 of Art. 27 No. 218-FZ.
The allocation of smaller land plots should not lead to problems associated with the operation of capital buildings located on them, as well as with the use of land for its intended purpose. The plot on which the house is built is indivisible if this violates the existing rules and regulations in the area of land use.
The boundaries of the received plots should not intersect with the boundaries of the forest park zone, forest districts, settlements, and municipalities. Also, interstriated, broken, or wedged types of boundaries are not allowed (read how to determine the boundaries of a land plot).
It is necessary that all new land plots retain the same type of land use permitted for the old site.

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

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.

Resolving situations with indivisible plots

First of all, if a situation arises during which it becomes necessary to carry out the divorce process, it is necessary to establish the fact of divisibility and indivisibility of jointly acquired property, since not all real estate objects are subject to mandatory alienation. The property cannot be divided if it belongs only to the husband or wife, if it:

was the individual property of one of the spouses before the wedding (Article 36 of the RF IC);
purchased with the personal funds of the husband or wife (Article 34 of the RF IC);
was given (or inherited) to one of them.

If the second spouse does not prove that the land acquired with the funds of the other was improved with common funds during the marriage, and therefore increased in price, then he has no right to claim it.

Capital and non-permanent buildings on the territory

If there is a house on the territory, then conclusions about the divisibility of the plot are largely based on whether the building itself can be divided. Parts of a building can be isolated if:

each half of the house has its own exit to the street;
each part of the building has a separate electrical panel and an autonomous power supply and heating system;
the building has several window openings for natural lighting of the room and utility rooms;
the entire building and its separate parts comply with sanitary standards.

If the house cannot be divided in kind, the owners usually draw up an agreement that one of them becomes the owner of the building, and the rest receive monetary compensation. Even in the case of construction of an object within the framework of shared construction, its actual division is impossible without carrying out appropriate technical expertise.

If a building is divided into a plot, the building is first divided, and only then each owner is allocated the most suitable part of the territory.

Arbitrage practice

There are cases when spouses do not come to a common decision. In such situations, they go to court.

It takes a lot of time to prepare the necessary documents and initiate legal proceedings; in some cases, it happens that by the time the case of division of property is considered by the court, some part of the jointly acquired property is sold or donated by an unscrupulous spouse. In such cases, the requirements for division are supplemented with the requirement to invalidate the transaction for the alienation of the plot or part thereof.

Section nuances

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

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.

How to divide a plot

Let us repeat that division of a land plot through an agreement is possible only between co-owners. If the land plot has a single owner, then he can “divide” it in the following ways:

by donating part of the land plot;
by alienating part of the land plot;
as a result of a court decision, for example, during the division of joint property of spouses, if it is proven that the plot was received during the marriage. In this case, the common property of the spouses will turn into shared property.

As for the co-owners, they can turn their ideal share into a real one:

by concluding an agreement among themselves;
by going to court with a claim for division of a land plot.

Regardless of the method, the result will be the same - the co-owners will turn into owners and in the future will be able to fully manage their part of the land plot.

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.

Methods for dividing a plot

If the co-owners were able to agree peacefully, then they enter into a certain agreement. Moreover, it does not really matter whether the object is divided in accordance with the existing shares or not. If the plots obtained as a result of the procedure comply with generally accepted standards, then unequal division of property will not be a reason for refusing to register the transaction if all participants agree to conclude it.

If at least one of the shareholders does not agree with the proposed solution, or the whereabouts of one of the owners is unknown, the need arises to resolve the dispute in court. Depending on the technical characteristics, the court may decide:

on the allocation of plots to all co-owners;
on the procedure for using land if the object is recognized as indivisible;
on the sale of a plot (find out how to draw up a contract for the sale and purchase of a land plot).

Even after a court decision is made, there is a small percentage that one of the owners will not agree with the court's conclusions, in which case he can file an appeal.