How to transfer a land share to another person?

The procedure for re-registration of a land share

This process must be completed correctly. The civil legislation of the Russian Federation distinguishes several types of transactions. Re-registration of a land share in ownership can occur through bilateral paid or gratuitous transactions. In this case, we are talking about drawing up agreements on the purchase of a land share or on its donation. Accordingly, as a result of such agreements, ownership of the plot passes to the buyer or donee.

Another option is a unilateral transaction. This is done on the basis of a testamentary certificate. You can obtain ownership of a land share as a result of the procedure for taking over your share in an inherited asset.

Consequently, the basis for changing the owner and obtaining ownership rights, in any case, will be a transaction. When it is completed and all documents are ready, you should transfer them to the multifunctional center located at the location of the facility. There they will carry out the state registration procedure for the plot and issue a document about this to the new owner.

What documents are needed to re-register a land share?

The performance of these actions is based on the availability of a certain package of documents. The owner has the right to dispose of his property only if he has a certificate proving that he owns the rights to this plot of land. This means that such a certificate will be needed and it will become the key document for the site.

In addition to this act, it is necessary to draw up an agreement. This is an agreement concluded between the parties to a legal relationship or a unilateral agreement. Such circumstances depend on the basis on which the ownership right will be obtained - purchase and sale, gift or receipt by a successor of a share in the assets of the deceased.

You will also need a document confirming the identity of the new owner. After all, he must prove his identity. In some cases, you must also provide a document confirming payment of the state fee - a receipt. It is necessary when drawing up a deed of gift for a land share. When purchasing a plot and re-registering it to a new owner, it is required to make an entry in the contract that all funds have been received in full by the purchaser.

When inheriting a plot, it is necessary to provide a notarial certificate and also a receipt for the transfer of the fee.

This is an exhaustive list of papers. If they are ready, then you can take them to the multifunctional center.

By the way, some readers may also find the article about drawing up an agreement for the assignment of the right to lease a land plot according to the rules for 2021 useful.

How much does it cost to re-register a land share?

The cost of the procedure directly depends on which method is chosen to change ownership. Therefore, you should indicate the financial features of each of the listed methods:

• When purchasing, you will only need to pay a fee for the fact of re-registration. It will be 2000 rubles. Nothing more is needed;
• When donating, the recipient will have to pay a fee in the amount of 2% of the price for the received plot. If the cost of the object exceeds 1,000,000 rubles, then only 0.5% must be paid. The calculated value is the price for the cadastre, which is reflected in the plot passport;
• If we are talking about inheriting the asset of a deceased person, then it is necessary to spend funds in the amount of 0.5 to 2% of the price of the object.

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Thus, with any option, expenses to obtain ownership of the site will be inevitable.

Form and features of the land share donation agreement

1. Contact a cadastral engineer and order a land surveying project. The price depends on the area of ​​land and the pricing policy of the organization; on average, a document costs 5,000-10,000 rubles.
2. Present the finished project to other shareholders for objections. The minimum period for sending objections is 30 calendar days before project approval.
3. The project is considered approved if no objections are received within one month. The cadastral engineer draws up a conclusion, then the project is approved by the owner of the share.
4. The prepared documents are certified by the land affairs committee at the location of the site.
5. The plot is assigned a cadastral number, and the owner is given a cadastral plan.

Who can give a land share to?

The choice of identity of the donee depends on the donor. But if the other party is between 14 and 18 years old, the transaction is made with the consent of the parents. For children under 14 years of age, parents or other legal representatives participate in the procedure or sign independently.

The procedure for drawing up and registration can be carried out both in the presence of a notary and before the visit. The parties have the right to independently draw up a power of attorney, including the pre-agreed points. However, it is necessary to sign only in the presence of a notary and after he has explained to the parties the civil rights and consequences.

• date - it is required to provide the date when the owner realized the property rights to the land;
• information regarding the subject, that is, the land plot, given on the basis of technical documentation;
• information regarding the parties given on the basis of passports;
• term of the power of attorney;
• date of actual compilation;
• signatures of participants;
• notary's mark.

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Owned

To transfer a land plot or plot to a tenant through the participation of a third party, in this case an attorney, a limited amount of documents is required, including only the passport of the participants in the legal procedure and, in fact, a power of attorney.

A land share is the property of its owner. These plots belong to the category of real estate. Accordingly, confirmation of the authority to dispose of the object is a certificate of ownership.

How to re-register a land share after the death of parents?

To obtain ownership, you must be included among the successors. If the last will is not expressed, then close relatives of the person will be able to receive the plot.

To do this, they will need to apply to a notary and open the procedure for distributing shares. Each successor will receive his/her due share. After the procedure is completed, a certificate is issued stating that the citizen has entered into an inheritance. This document gives the right to register property with the MFC according to the above mechanism.

What documents are needed for renewal?

The owner has the right to re-register the plot. This means that even the spouse or relative of the owner must first legitimize the status of a trustee (execute a notarized power of attorney) before conducting transactions with this real estate.

It is possible to register land in the name of both an individual and a legal entity. Be prepared for the administration to request the following package of papers:

1. original documents identifying the current owner and the one in whose name the plot is being re-registered;
2. agreement on concluding a sale or purchase transaction or donation (3 copies);
3. a power of attorney certified by a notary, if one of the parties is represented by an intermediary;
4. certificate of ownership;
5. confirmation of ownership of a plot of land;
6. cadastral passport;
7. receipts for payment of state duty.

The state duty for re-registration is about 2 thousand rubles.

After submitting the full package of documents, the applicant should wait several days, which will take for verification and a decision. The period for state re-registration of a land plot should not exceed 21 working days.

After this, the new owner of the land plot can contact the administration and receive documents issued for him, including:

1. a certified contract of sale or donation of a plot;
2. cadastral passport;
3. as well as a new certificate of registration of ownership.

The act of donating land - how to understand it

Donation is the transfer, free of charge, of the donor's land, specified in the deed of donation, to the recipient. If the agreement provides for any obligations of the donee in relation to the donor of the land, then it is not a gift agreement. If you draw up a deed of land with the stipulation that the recipient will take ownership only after the death of the donor, then in this case the land will be considered as an inheritance and will be divided among the heirs.

From the moment the transaction is certified and the documents are transferred, the right to the land passes to the donee. A donation can also be made with a deferred transfer of rights for a certain period. It is also possible to provide for the performance of any actions in relation to a third party.

Nuances of re-registration when buying and selling land

Purchase and sale agreements, when re-registering plots, are used if the current owner is not related to the buyer and is putting his plot up as a seller on the free market.

In order to prevent fraud in such transactions, administrative authorities, during registration, more carefully check purchase and sale agreements, compare them with the characteristics of the land plot and verify the identities of the parties to the transaction. At the same time, they may refuse the transaction if any restrictions are imposed on the property.

Restrictions on the sale of plots:

1. You can sell land that is not under encumbrance (pledged, alienated by court decision, etc.);
2. The plot must be demarcated and have a cadastral number;
3. The site must not be the subject of dispute and/or be owned by several persons.

You can check the status of a property through the state register database.

When drawing up a purchase and sale agreement, notaries are usually involved: they check all the data in order to secure the transaction and make it as transparent as possible. The property agreement is concluded directly with the lawyer, and the registrar is provided with a package of documents:

• ID cards (passports);
• gift agreement, certificate of registration or privatization of the site;
• cadastral passport;
• receipt of payment of state duty (2 thousand rubles).

If one of the participants in the transaction is represented by a trustee, it is important to provide a notarized power of attorney.

Re-registration takes place within 21 days, after which both parties are given certified contracts, and the new owner is given title documents in his name.

Is it possible to register land by deed of gift?

Donation is one of the ways to change the owner of a land plot. Article 131 of the Land Code secured this right for citizens of Ukraine. The land donation agreement is concluded in writing. It must be certified by a notary. It is much cheaper to issue a deed of land than to sell it or transfer rights to it in another way.

The cost of land management works from 3,500 UAH

However, it should be noted that not every land plot can be donated. On October 6 of this year, the president extended until 2018 the moratorium on the alienation of the following owned lands:

• shares;
• plots intended for running personal peasant farming, allocated to share owners;
• plots whose purpose is to conduct commercial agricultural production.

Donation involves the alienation of land. Thus, the question of how much it costs to register a share of land in a deed of gift is unauthorized. Pie cannot be given as a gift. Today it can be inherited or exchanged. Despite the fact that the alienation of land under a deed of gift can be postponed to the future, the Land Code states that a deal concluded during the moratorium on the listed lands, that is, until January 1, 2021, will be invalid.

What documents should be prepared to make a donation?

The deed of gift contains the personal data of the donor and the recipient (last name, first name, patronymic). Therefore, passports and identification codes are needed. Information about the land is indicated - expert assessment, cadastral value. Legal documents are required. A gift agreement presupposes the consent of the donee to accept the property.

In order to register land under a deed of gift and not have problems later, you need to know some of the subtleties of this transaction. In some cases, the consent of the second spouse is required to complete the transaction. Specialists from Geospekr-7 LLC, engaged in land management and cadastre, will help you understand the donation procedure and prepare the necessary documents.

What do you have to pay for when making a donation?

Registering land under a deed of gift means transferring the rights to it to another person free of charge. This is one of the most profitable ways to transfer ownership rights. If the transaction is made by relatives or friends, the agreement is not subject to tax. In other cases, the gift to the taxpayer is taxable.

The notary will charge a fee for performing notarial acts. The amount of state duty paid when registering a transaction with a public notary is one percent of the value of the property specified in the contract. You can also issue a deed of gift for land from a private notary; the fee cannot be lower. Certificates confirming the absence of prohibitions on the alienation of real estate are also paid for.

Other Features

Also, ownership of land can be shared. For example, 79 shareholders can be the owners of a field. If there is a dispute over the issue of ownership, land surveying or rent, then the litigation is characterized by duration and a special intensity of passions. Therefore, all land documents must be completed in a timely manner. It is best to seek the services of lawyers and lawyers who are well versed in the specifics of land disputes.

FAQ

According to Art. 265 of the Civil Code of the Russian Federation, the right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.

You should apply for public services to authorized registrars. Such functions are performed by the cadastral chamber. The owner also has the right to go to the MFC (in this case, the documents will still be sent to the cadastral chamber, and the MFC will act as an intermediary). The place of application will not affect in any way what documents are needed to register a land plot, and the procedure for their provision.

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If the question is how to re-register a plot of land to a relative, then attach to the above papers also those that confirm your relationship. Why is this necessary? When donating land to a relative, his income in the form of a land plot is exempt from taxation. That is, the donee relative does not pay 13% of the cost of the plot to the state budget.

Step-by-step instruction

1. Passports of the parties to the transaction or other identifying documents. There are two parties involved in a transaction: buyer and seller, lessor and lessee, donor and donee.
2. An agreement defining the terms of a transaction. This is a lease, donation, purchase and sale agreement.
3. Certificate of land title, as well as cadastral passport. These documents are provided by the seller, lessor, or donor of the plot. The certificate is replaced by another document of title. For example, an act of the local administration, a certificate of inheritance, etc.
4. A power of attorney to carry out transactions under a transaction, if one of the parties acts through an official representative. Please note that the power of attorney must be formalized accordingly. Otherwise, it will be declared invalid and the contract void.

A distinctive feature of the share is the absence of exact geographical coordinates, shape, and boundaries in the total mass of the shareholders' lands. In order to formalize and dispose of the allotment properly, the boundaries of the allotment are established, land surveying is carried out, and new land is allocated with the approval of the plan by the general meeting of participants.

Re-registration of land share during life

How can I transfer a 4-hectare land share from my brother to my daughter? Thank you.

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Taxation of the acquisition of a land share in ownership

For tax purposes, inheritance objects are divided into 5 main categories:

• real estate;
• movable property;
• objects of commercial property (corporate rights, securities, intellectual property);
• amounts of insurance compensation;
• cash and funds stored in accounts in financial institutions, incl. deposits.

Important! Inheritance taxation for persons of the first and second lines of kinship is carried out at a zero rate. That is, it is not taxed. Read more about inheritance tax.

Also, the inheritance of objects provided for in subparagraphs “a”, “b”, “d” of paragraph 174.1 of Art. 174 of the Tax Code, if the heir is first degree disabled or has the status of an orphan / child deprived of parental care - regardless of the degree of relationship with the testator. The above-mentioned objects include: real estate, movable property and insurance compensation amounts.

At a zero rate, regardless of the degree of relationship with the testator, deposits in the Sberbank of the USSR, which the testator invested on 01/02/1992, and several more government bonds and deposits made in the Soviet and early post-Soviet years, which are provided for in subparagraph “c” of paragraph, are also taxed. 174.2. 1st Art. 174 of the Tax Code.

Taxation of other objects of inheritance by persons who do not belong to the first and second degree of kinship is calculated at the rates established by the Tax Code. Therefore, if you are not a person of the first and second degrees of kinship with the testator, and the object of inheritance is not one of those that are not taxed, it makes sense to contact specialists to calculate the amount of tax.

If you have inherited a piece of land and want to resolve all sorts of issues as efficiently as possible, call us. We will make sure the procedure is simple.

Land as an inheritance, or How to register ownership of a share

Inheritance is the transfer of tangible and intangible assets, rights and obligations from a person who has died to his heirs. Inheritance occurs by law and by will.

If the deceased person did not leave a will in which he personally designated heirs, then first-degree relatives are considered heirs in equal shares. In the absence of first-degree heirs, relatives of a closer degree of kinship receive the right to inherit. The degree of relationship is determined by the number of births that separate the relative from the testator.

The Civil Code of Ukraine establishes the following orders of heirs.

1st priority: children of the testator, including those conceived during the life of the testator and born after his death, the spouse who survived him, and parents.

2nd stage: siblings of the testator, his grandmother and grandfather on both the father’s and mother’s sides.

3rd priority: the testator's uncle and aunt.

4th stage: persons who lived with the testator in the same family for at least five years before the opening of the inheritance.

5th priority: other relatives of the testator up to the sixth degree of kinship inclusive, and relatives of a closer degree of kinship exclude relatives of a further degree of kinship from the right to inherit.

In addition, it is worth remembering that in the case of inheritance under a will, minors, minors, adult disabled children of the testator, a disabled widow (widower) and disabled parents inherit, regardless of the contents of the will, half of the share that would belong to each of them if inherited by law ( compulsory share).

The inheritance includes all rights and obligations that belonged to the testator and did not cease at the time of his death. The inheritance also includes the right to a land share.

A land share is a conditional share of land, determined as a result of the division of lands transferred into collective ownership among members of an agricultural enterprise, assigned to a specific person. The right to a land share is certified by a certificate of the right to a land share (share).

Read more: Tax deduction on land for a pensioner

To receive a land share as an inheritance, the heirs must, within six months from the date of opening of the inheritance, contact a notary with an application to accept the inheritance. It is worth noting that in Ukraine inheritance is universal and operates on the “all or nothing” principle. That is, if an inheritance is accepted, all existing rights and obligations of the deceased person are accepted; it is impossible to selectively refuse any component of the inheritance. Ownership of the share passes to the heirs on a general basis.

If the inheritance is not accepted within a certain period, the heirs are considered to have missed the deadline for its acceptance. This period can only be restored in court and if the court recognizes the reasons for such absence as valid. However, it is worth noting: if the heir lived with the testator at the time the inheritance was opened, he is considered to have accepted the inheritance if he does not inform the notary of his refusal to inherit within six months.

The heirs must attach the following documents to the application for acceptance of the inheritance.

• A document certifying the testator's ownership of a land share (certificate of the right to a land share (share) of a single sample).

• Death certificate of the testator.

• A will or documents that are evidence of family relations with the testator (certificates of civil registration authorities, a complete extract from the civil registry of citizens about the vital record, copies of vital records, copies of court decisions that have gained legal force on establishing the fact of relatives and other relationships).

• Passport and identification code of the heir.

• Documents confirming the place of opening of the inheritance (certificate from the housing maintenance organization, certificate from the board of the housing construction cooperative about the registration (permanent place of residence) of the testator; an entry in the house book about the registration (permanent place of residence) of the testator, certificate from the address bureau, certificate from the district military registration and enlistment office about that that the testator lived at the appropriate address before being called up for military service).

If the heirs do not have documents confirming the place of opening of the inheritance, the notary explains to the heirs their right to apply to the court to establish the place of opening of the inheritance. In this case, the place of opening of the inheritance is confirmed by a copy of the court decision that has entered into legal force.

If the inheritance file contains all the necessary documents, the notary issues the heirs a certificate of right to inheritance. It is this document that will give the heirs the right to dispose of the inherited property, in particular, to lease a share to an agricultural enterprise.

Based on this certificate, the heir, if desired, has the opportunity, in the manner prescribed by law, to allocate a land plot in kind and draw up a state act for the right of private property.

If the heirs do not have the documents necessary to accept the inheritance, they must apply to the local court with a claim to recognize the right to a land share through inheritance.

Dmitry Alexandrov, managing partner of ALEXANDROV&PARTNERS

The author's opinion may not coincide with the opinion of the editors. The author is responsible for quotes, facts and figures given in the text.

Why is the land being re-registered?

To become a full owner of land, it is important to have in hand not only title documents, but also papers confirming ownership by the local administration. They can be obtained as a result of a transaction: by concluding a purchase and sale agreement or a gift agreement with a new person.

This agreement must specify not only all the characteristics of the land plot, but also the conditions for its transfer and further use.

If you do not have experience, then to complete a re-registration transaction, it is better to contact a lawyer specializing in land issues and real estate transactions. He will prepare documents in accordance with all the requirements of Federal legislation and regulations that govern such operations (Law No. 122-FZ).

Experienced landowners can also contact the local administration; here it is important to immediately provide the correct package of documents, after which, after a few days, they can pick up the completed papers, re-registered to the new owner.

Have a question for a lawyer?

Are land shares allocated in kind?

Client clarification

I don’t know how it is in nature? He has one of his own and two more were inherited from his grandfather!

18 January 2021, 07:27

Then advise your father to ask the question on the site if you do not understand the situation.

Client clarification

The fact is that the father does not want to help his son, but cannot refuse outright, so he says that I would be glad to help, but a new law has come out that a share cannot be sold or given away, supposedly only after death! So I want to know if this is true so? Is there such a law or not!

18 January 2021, 07:41

Client clarification

So my father is deceiving me, is that how it turns out? Still, he can do anything if he wants, at least sell it, at least give it as a gift? Did I understand correctly?

18 January 2021, 07:54

Each owner of a property share can transfer it as a gift or bequeath it in accordance with the legislation of the Russian Federation. Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.

How to re-register a plot in the event of the death of the owner?

If the owner of a land plot passes away and does not leave a will, then his property is distributed according to the right of inheritance. The order of inheritance is regulated by civil law.

If controversial issues or quarrels arise between relatives, registration can be done as follows:

• the method of shared ownership (distribution of ownership between several owners);
• by purchasing all shares by one heir (re-registration for one);
• voluntary renunciation of all heirs in favor of one;
• by redemption by some heirs.

If the plot, after the death of the owner, was not re-registered, then it is considered that all relatives own it in equal parts, without distribution of shares.

To legalize the re-registration, you should contact the multifunctional center (MFC), having in hand the title documents for the land, as well as documents confirming the right of inheritance. The state duty for re-registration will also be 2 thousand rubles.

Similarly, if the land is re-registered in the name of a relative, it is better to choose the option of a gratuitous gift agreement. It will allow the applicant to save time and money.

To make sure that you have a complete list of documents on hand, it is better to sign up for a consultation at the MFC in advance. There you will also receive details for paying the state fee and the exact time for receiving documents.