Allocation of land - common ownership and demarcation in 2021

Lawyer Roman Alymov answers:

Yes, your share can be divided into a separate land plot, which will belong only to you. But this will require the consent of the remaining co-owners, land surveying, cadastral registration and registration of the new plot. Whether you will have to give up your share in the house depends only on how you agree with the others. The land plot and the house located on it are indeed very closely related to each other by legal norms, but calling them a single property complex is not entirely correct. In your case, it is important that the allocated land plot does not interfere with the use of the house.

How has the procedure for registering plots changed?

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Leading legal consultant of the secondary real estate department of Est-a-Tet Yulia Dymova answers:

The division of a land plot is possible in two ways. In the first case, an agreement is signed on the division and allocation in kind of all parts by agreement of the two parties, registration cards are made, cadastral engineers are invited and the question of how and what to do is decided. The second method involves resolving the issue through the court: a package of documents is prepared, a court card is requested from cadastral engineers for a certain type of accounting document, and the part that needs to be allocated is recorded. Then the issue is either resolved by making an appropriate decision, or a settlement agreement is signed and the boundaries of the newly formed areas are approved. After this, you need to contact Rosreestr with questions about cadastral registration and registration of property rights.

There is no waiver of ownership, only disposal is possible. Part of the house is inextricably linked with the land, but in this situation there are different options. It is better for you to contact professional surveyors to understand what is the best way to proceed: is it possible to allocate part of the house or is it better to allocate part of the house with a small part of the plot, and fix the rest and leave it as free (for further construction of a new object on it).

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Cost and process of division in 2021

The price for the services in question is quite high. The following factors influence it:

the price of land plots in the total mass;
the status of the company carrying out geodetic work;
the amount of cost for the work in question for the subject;
the area of the land;
status that a locality has.

As an example, agricultural lands are valued lower than those intended for individual housing construction. Also, work carried out in the near and far Moscow region differs in cost by up to 10 times.

Sample application for division of land

In addition to the fact that the applicant is required to pay for geodetic and cartographic work, some localities establish as an additional payment the cost of transportation for surveyors regarding arrival at the site. You are allowed to bring them to the place yourself.

The division process begins after the necessary documentation has been prepared and geodetic work has been paid for. Before land surveying begins in real life, specialists develop a diagram that serves as the basis for the work being carried out. After preparing a preliminary project, surveyors visit the plot and carry out demarcations according to what the customer indicated.

When the procedure is carried out between two or more owners, several nuances must initially be taken into account:

all plots have separate access to the road;
sections are formed in such a way as to have an even shape relative to the geometry, that is, there should be no wedges or anything else;
There should be no overlap of allotments, as well as crossing and displacement of boundaries (OPrav _ 171,).

When the listed requirements are not met, land surveying cannot be carried out. The result of land surveying is that engineers carry out a geodetic survey, verify whether the plot corresponds to the established dimensions, and then begin dividing it into shares.

Company employees set boundaries that will divide independent plots. Within the boundaries, the right of a particular person applies. The owner can use it at his own discretion.

Stages of land surveying

During the work, employees of geodetic companies install boundary signs; they are contained in marks that are established by standards. At the initial stage, they appear in the form of temporary pegs; after the marking is completed, a permanent location is determined for them. Major formatting of the main points is also being carried out.

Those signs that are installed are prohibited from being changed arbitrarily until a new survey is carried out. Marks are entered on the allotment map and indicated in accounting records.

The boundaries established during boundary work have legal force and are confirmed in the relevant records. After part of the share has been allocated and boundaries have been drawn, the owner remains to go through the procedure of registering rights to the allotment. To do this, you need to contact the cadastre and cartography department.

In this case, you will need to provide documentary evidence of land surveying:

Yulia Simanovskaya, Department of Legal Support of Transactions of Tekta Group, answers:

It is possible to separate a part of a land plot from common shared ownership. To do this, it is necessary to obtain consent to this procedure from all owners of common property. If one of the other owners is against it, then it is possible to formalize the allocation of part of the plot in kind only in court. The court will make a decision based on the size of the parties' shares in the right or on the basis of the actually established procedure for using the land plot.

When allocating a land plot in kind, it is necessary to take into account that its size must meet the minimum standards established by law. The technical and physical feasibility of identifying this site in situ should also be taken into account.

To carry out work on the allocation, it is necessary to order geodetic work and establish the exact boundaries of the site as a result of the allocation. Based on the measurements taken, the cadastral engineer prepares a boundary plan, the new plot is registered in the cadastral register, and then, based on these data, the ownership of the newly formed plot is registered.

Features for allocating land for agricultural purposes

The procedure under consideration has its own characteristics in relation to lands allocated for agriculture. This is due to the fact that plots belonging to this category are located in one massif, among which there are fields, meadows, and pastures.

The procedure for privatizing a small plot can cause difficulties for an entity that carries out economic activities. In this regard, the allocation process is implemented by local authorities quite reluctantly. The municipality preferably concludes lease agreements.

Registration of a plot of agricultural land

In most cases, the municipality makes a decision on allocation, after purging and weighing all the nuances. It will be easier to obtain the right to allotment if you initially draw up a lease agreement for the site. This means that individual entrepreneurs at a certain point may initiate a procedure for allotment of such lands. After this, the land is registered as the property of the individual entrepreneur.

In such a situation, the allocation is made according to the discussed algorithm, which is established for cooperatives of summer residents, but you will need to obtain permission from the municipal administration. A ban has been established regarding the allocation of plots from lands related to:

to areas under special protection;
protected areas;
forest and water resources;
fertile soils.

The remaining plots are allocated at the discretion of the administration.

Legal consultant of the legal service "INCOM-Real Estate" Irina Gorskaya answers:

According to Art. 252 of the Civil Code of the Russian Federation, property in shared ownership can be divided between its participants by agreement between them. A participant in shared ownership has the right to demand the allocation of his share from the common property.

If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the separation of his share from the common property. A land plot can be divided taking into account the maximum (minimum and maximum) sizes of individual plots, which are regulated by current legislative acts (you should first check the permissible sizes of a land plot in your area with local authorities). A separate entrance must be provided to each of the plots formed as a result of the division. It is impossible to divide a land plot occupied by a household and requiring, when dividing, the removal of a separate part of it from the property if it is strictly related to the separated plot.

At the same time, if your co-owners agree with your proposals for dividing the land plot, you can draw up an appropriate agreement with them, in which you can indicate the principle of dividing the land plot. Before drawing up an agreement on the division of a land plot, it is necessary to invite a cadastral engineer to provide an opinion on whether the division of the land plot is possible, and on the options for such a division. If the decision is positive, the cadastral engineer will carry out boundary work, after which you will be able to register the newly formed land plot with the cadastral register, as well as register ownership of it.

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Algorithm for allocating shares and dividing a plot

The actual allocation of part of the land that is in shared ownership can be carried out by agreement of the co-owners or in court. If it is possible to resolve the issue of how to divide the land out of court, it is necessary:

obtain notarized consent of all participants;
if such consent is received, re-landmark and install boundary signs with the definition of new boundaries of the plots;
on the basis of the issued technical documents, register each newly formed plot with cadastral registration and receive a separate number and plan;
with an application and passport, as well as title documents and extracts from cadastres, contact the registration chamber and pay for the registration of property rights; After 30 days, a separate certificate will be issued for each newly formed land plot.

If agreement between the co-owners is not reached, the issue is resolved in court. Based on the resolution, a forced allocation of the share is made.

When separating part of a plot from a collective farm, it is necessary to notify all participants about the convening of a general meeting. Based on its results, a protocol is drawn up for the owners of shared ownership for registration of the land plot.

If not all co-owners appear, an advertisement is given in regional newspapers indicating the location of the share of the participant initiating the allotment and notifying other participants that the allotment will be carried out. If no written objections are received at the specified address within a month, land surveying and all procedures for registering property rights are carried out.

According to Art. 252 of the Civil Code of the Russian Federation, each owner may demand division of the plot. In the case of a voluntary resolution of the issue, land surveying is carried out and the boundaries of the allotment are established.

The documents received from specialists are submitted for signature to the head of the district or city. After this, they arrive at the registration chamber along with permission to divide the plot from the property management committee. No later than two weeks later, a new document will be issued for the right to own the allocated plot of land.

After the division of a land plot in shared ownership has taken place, the owner of the share can dispose of it at his own discretion, without regard to the opinions of other participants.

Which areas are subject to division?

The legislation establishes that when dividing any plot, it is necessary to adhere to the rule determining that the area of each of the newly formed plots cannot be less than that established for a specific category of land in a given region. Therefore, it is first worth finding out whether the plot planned for allocation falls within the established minimum size of a land plot for allocating a share in kind.

For lands for various purposes, the following minimum area is provided:

used in dacha construction - 6 acres;
involved in gardening and horticulture - 4 acres;
in a personal subsidiary plot - 10 acres;
used for farming - 15 acres.

Therefore, when deciding how to divide a dacha into two owners, it is worth calculating what the size of the plots resulting from the division will be. Depending on the definitions of regional legal acts, these parameters may vary.

If the share is very small, it is impossible to select a separate section from it. In this case, the other owner compensates the owner for its value, and his rights in relation to this share are terminated on the basis of clause 4 of Art. 252 of the Civil Code of the Russian Federation.

When deciding how to divide a shared land plot, it is worth finding out in which case a real division of the dacha is impossible if there are several owners and the area is too small.

Voluntary section

The division of land can be accomplished voluntarily and in court. If all co-owners agree to divide the plot, an agreement is concluded between the owners, which must be notarized.

Like a sample agreement on the allocation of shares of a land plot, the document is drawn up in free form with the obligatory indication of:

information about the site (links to the title document, date of assignment of the cadastral number, address);
personal data of the parties, registration and residence addresses;
consent of the parties to voluntary division;
conditions for land surveying, the size of new plots in numerical or percentage terms;
other information.

Division through court

In a situation where it was not possible to reach an agreement on the division of common property with all co-owners, the initiator of the division of a plot of shared ownership can apply to the court. To do this, you must submit a statement of claim written in the prescribed form.

The statement of claim for the allocation of a share of a land plot must contain all information significant for resolving the dispute:

procedure for acquiring an allotment;
purpose of use;
the size of the shares belonging to each co-owner;
measures taken to solve the problem.

Judicial proceedings for forced division of land require a land management examination. Judicial practice on the allocation of a land plot indicates that the court makes a decision based on the conclusion made by experts and an analysis of the division options proposed by them. If none of the proposed options suits the co-owners, the court will establish a method independently.

State duty for division of land

When filing a statement of claim containing a demand for the division of joint property, for the allocation in kind of a share or for recognition of the right to it, the amount of the state fee is calculated depending on whether the dispute was previously considered by the court.

In the case where the plaintiff’s ownership of the share has already been recognized by the court, the state duty is 200 rubles. If not, the amount of tax is determined according to the standards established for property claims that are subject to assessment.

Land surveying

The allocation of a share and the division of a land plot require mandatory land surveying, which is carried out by agreement of the property participants. It means:

actual division of land;
connection to the area;
establishing new boundaries.

The procedure for surveying a land plot that is in shared ownership requires the participation of a cadastral engineer in the work (Article 29 of the law of July 24, 2007), with whom it is necessary to conclude an agreement in accordance with paragraph 4 of Chapter. 37 Civil Code of the Russian Federation.

After all geodetic surveys and the necessary range of work have been carried out, the newly formed site is registered with the issuance of a certificate of ownership.

Sharing land with house

The division of a plot is possible only simultaneously with the buildings located on it. However, this is not always technically possible. Part of the residential premises allocated during division is considered suitable for living only if it:

isolated;
has a separate entrance;
equipped with communications and necessary amenities.

The division of a plot is carried out only by agreement of the parties and on the condition that the resulting plots comply with the requirements of Art. 11.9 Land Code of the Russian Federation.

In addition, the subdivision boundary cannot cross an existing residential building. Following the principle of the unity of fate of land plots and objects firmly associated with them, the concept of a single object is supported, according to which the land plot and the real estate located on it are a single whole, which is determined by the requirements of economic feasibility.

Registration of ownership after division

After an agreement has been reached between the owners or a court decision has been received on the division of the land, and all land surveying and actual division actions have been carried out, the owners of the newly formed plots are faced with the question of how to register ownership of them.

To register, you need to contact the Registration Chamber, providing a package of papers.

What documents are needed

When applying to an institution authorized to register ownership of newly formed plots of land, the applicant must have with him the following set of documents:

cadastral passport;
consent of all co-owners of the land to the division;
title documents for the land plot;

Answered by K. Yu. Sc., Chairman of the Arbitration Court of Construction Organizations, lawyer Yulia Verbitskaya:

No not like this. The legal regime of joint ownership, and this is precisely your case, is determined by the Civil Code of the Russian Federation. Owners of joint property, or so-called co-owners, have the right to independently establish the regime and procedure for using shared property, including by concluding civil contracts and agreements among themselves. In your case it can be done like this.

You, together with your relatives (co-owners), evaluate the land plot (as a whole, consisting of a set of shares, including yours) and a residential building (similarly). Next, you carry out land surveying, allocating your shares in kind; this can be done either voluntarily or in court. After this, you decide what to do with the 15/56th share of the house. You can change it (for example, for an additional area of land of equal value, this is where the appraisal comes in handy), donate it or sell it to other co-owners.

You also have the right to sell this share to third parties, however, you will need to offer to buy this share to relatives at the offer price to third parties. And only in case of non-purchase or refusal will the sale transaction be legitimate. However, as follows from practice, having a share in your house can help resolve without conflict the issue of allocating you a convenient plot of land by agreement of the parties, subject to the transfer of a share in the house to your relatives.

Allocation in kind of land share

Is it possible to sell a share of land without land surveying to a third party; what is the difference between allotment in kind and land surveying? What is this - a discharge in kind?

Hello, these are completely different processes that are not related to each other in the legal sense. Land surveying is the determination of the boundaries of a plot; allotment in kind is the allocation of a share in the right of common shared ownership into a separate object of law, after which the owner can freely dispose of it.

Without surveying, you can simply sell a share of the land plot only by first offering to buy it to another owner and if he refuses, only then sell it to a third party. If you allocate a share in kind, you can sell to anyone you want at your discretion. Allocation in kind is made by agreement of the parties or in court. But you won’t be able to allocate a share in kind without land surveying.

We bought a land share by proxy for further allocation in kind... But the land share, or rather the entire field, is leased from a peasant farm for 10 years. The owner of the share has not signed any agreements for the last 15 years... but before that he signed, but not with this peasant farm. In this field, my share is 2/22. Presumably, the agreement with the new peasant farm was signed based on the decision of the trustee of the shareholders, who was elected at the general meeting by a majority vote.. QUESTION: how can I terminate the lease agreement (it is about 2 years old) for the allocation your share in kind? Is it possible for me to change the terms of the agreement, namely the amount of payment from the peasant farm for the use of my share? I know that the terms of payment can be changed once a year, and if suddenly the peasant farm does not agree with them, then the lease agreement can be terminated without a meeting of shareholders in order to allocate its share. Holding a meeting of shareholders is pointless since shares in the amount of 20% are managed by trustees from peasant farms. And so on in all the fields of this and the neighboring village council. Pai is located in the Buzuluksky district of the Orenburg region. We contacted the local village council to issue a copy of the lease agreement and copies of the minutes of the meeting of shareholders. There is only one answer: WE DON'T HAVE THEM. We called the Ministry of Agriculture and talked about this issue with the head of the department for regulating land relations. The recording of the conversation remains, but there is still no solution. Please help me with advice or the number of a good lawyer who has encountered this in our region. Thank you very much in advance!

You don’t need to call, but write statements. Whether you can do this or not depends on the powers of the power of attorney (Article 185 of the Civil Code of the Russian Federation). And also on the terms of the concluded agreement (Articles 421, 450 of the Civil Code of the Russian Federation). But it is almost impossible to allocate a share in kind. Moreover, you yourself point to a large percentage of shareholders.

If you bought a land share, then you are the owner. And he has the right to dispose of his share at his own discretion, Article 209 of the Civil Code of the Russian Federation. You can also rent out a share to another person by terminating the lease agreement with the current one. Or offer your terms to this tenant if they are not beneficial to you. Federal Law of July 24, 2002 N 101-FZ (as amended on July 3, 2016) “On the turnover of agricultural land” (as amended and supplemented, entered into force on January 1, 2017) Chapter II. Features of the turnover of land plots from agricultural lands Article 8. Purchase and sale of land plots from agricultural lands Article 9. Lease of land plots from agricultural lands Article 10. Providing citizens and legal entities with ownership or lease of land plots from agricultural lands located in state or municipal ownership.

Hello! First of all, it is necessary to study the contract, namely the grounds for changing and terminating the contract (Article 450 of the Civil Code of the Russian Federation). You need to communicate with the Ministry of Agriculture only in writing, and you also need to establish the location of all documents. As a rule, it is very difficult to allocate a share in kind.

— Hello Marina, the question is very difficult. You simply could not buy it back without following the necessary procedures. Therefore, you need to know whether you did everything correctly or not. and as for the lease agreement, it is not a fact that you will be able to terminate it unilaterally in court. You can try to terminate it under Art. 450 of the Civil Code of the Russian Federation including. According to Art. 46 Land Code:

1. The lease of a land plot is terminated on the grounds and in the manner provided for by civil law. 2. In addition to the cases specified in paragraph 1 of this article, the lease of a land plot may be terminated at the initiative of the lessor in the case of: 1) the use of the land plot is not in accordance with its intended purpose and belonging to one or another category of land provided for in Article 8 of this Code; 2) use of a land plot, which leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation; 3) failure to eliminate a land offense committed intentionally, expressed in poisoning, pollution, damage or destruction of the fertile layer of soil due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during their storage, use and transportation, resulting in cause harm to human health or the environment; 4) non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes for three years, unless a longer period is established by federal law or a land lease agreement, with the exception of the time necessary for the development of the land plot, and also time during which the land plot could not be used for its intended purpose due to natural disasters or other circumstances precluding such use; 5) withdrawal of a land plot for state or municipal needs in accordance with the rules established by Article 55 of the Code; 6) requisition of a land plot in accordance with the rules established by Article 51 of the Code; 7) in other cases provided for by federal laws. 3. Termination of lease of a land plot on the grounds specified in subparagraph 2 of paragraph 2 of this article is not allowed: 1) during the period of field agricultural work; 2) in other cases established by federal laws. Determination of the location of the allocated area is carried out according to Art. 13 of the Federal Law “On the turnover of agricultural lands” dated July 24, 2002 No. 101-FZ. Article 450 of the Civil Code of the Russian Federation. Grounds for amendment and termination of the contract 1. Amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract. 2. At the request of one of the parties, the contract can be changed or terminated by a court decision only: 1) in case of a significant violation of the contract by the other party; 2) in other cases provided for by this Code, other laws or agreement. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract. Good luck to you and all the best, with respect, lawyer A.V. Ligostaeva: sm_ax:

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Hello! YOUR contract is therefore invalid. It does not need to be terminated (Article 166 of the Civil Code of the Russian Federation). Therefore, you will not be able to allocate a share in kind. We need to conclude a normal agreement.

We decided to allocate a land share in kind, carry out land surveying, etc. We addressed this question to the head of the village council, to which she answered us that there was no more land and there never would be, so to speak, whoever didn’t have time was late. Is this possible and what should I do now? On hand are only a “pink” certificate and a certificate of land ownership.

This should not happen if you have documents for the land. It is necessary to resolve your issue in court in order to return the land. Good luck to you. Anna Titova.

You have the certificate in your hands, and with it, go not to the settlement administration, but to the district administration in order to resolve the issue of registering ownership of the land.

If the applicant has a certificate of ownership, and if the share has been used for its intended purpose for the last 3 years - rented out, for example, then the actions of the Head of the village council are unlawful. Contact him with a written request and you will receive an answer as to whether your share was officially transferred to the village council.

Is it possible to sell a land share without allotment in kind, having from the documents only a certificate of inheritance according to the law, which states that the share becomes my property. The SHA, which owned this land, collapsed.

Hello Andrey First, register your property with the Federal Register, and then you can sell it. Thank you for visiting our website. Always happy to help! Good luck to you.

There are 11 of us, owning 13 land shares. We go to allocate our shares in kind. It was not possible to resolve the problem peacefully. Forced to go to court. Please tell me the amount of the state duty to be paid.

Hello. The cost of the claim depends on the size of the value of the land shares claimed by the shareholders-plaintiffs. Everyone pays the state duty for their share independently.

Determine the value of the highest share (take a certificate of market value from any appraiser) and calculate the state duty from this amount.

How can I allocate my share of land in kind, in court, because it doesn’t work out by agreement... Where to go?

If the agreement does not work out, then the allocation must be taken in court. You need to contact a lawyer with all the documents you have, who will help you competently draw up a statement of claim to the court and will accompany you in the trial.

Hello, Natalia! In your case, the law provides for the possibility of allocating a share in court. File the claim in the district court at the location of the land plot. It is better to call an experienced lawyer for help. Good luck!

Please how to sell a land share of farmland, without allotment in kind. Where to go?

Good afternoon. I believe that there must be a decision of the chairman and a change in the permitted use, and the sale of real estate must be registered in Rosreestr.

This is the situation. A land share, a share allocated in kind, there is a protocol of the general meeting, it was registered in the cadastral register, it was sold by proxy, the transaction when registering the right to property was suspended by the state registrar, and then registration was denied. The owner died. There is only one heir. The fact of the transaction is not denied. Is it possible in court to immediately recognize the buyer’s ownership?

At first glance it is possible, but you need to look at the grounds on which the state was denied. registration.

There is a certificate of ownership of a land share in a peasant farm without allotment in kind. Peasant farms do not have certificates of land ownership and do not want to provide them. There is only an act assigning land to them. I want to leave the peasant farm. What documents are needed to register ownership of a plot of land?

Hello! you need a cadastral passport to register ownership of the plot

I have a share of land for agricultural purposes, I have green grass for the general share, I want to allocate it in kind. Question: when allocating it, won’t it be taken away from me as municipal property, since the greenback has not been used since 2007?

They won't take you away, don't be afraid.

I agree with my colleague - they won’t take it away and you shouldn’t be afraid, BUT you should hurry up with the allocation and start using the memory for its intended purpose.

In 1994, through privatization, she received a land share of farmland without allotment in kind in the Perm region. At the moment I live in another region, this site is used by a local agricultural enterprise for its intended purpose. They offer to buy this part from me. What rights do I have to this land? What can I do with it and what benefits can I get?

You, as the owner of this land, have the right to own, use and dispose of the land; if they want to buy this land from you, then you have the right, if you wish, to sell it.

To whom to sell a land share registered as a property, but without an allocation in kind. Agricultural land.

Good afternoon What is the price of a share?

Is it possible to allocate a land share in kind if it is leased and all lease conditions are met? Thanks for the answer.

Raisa can be allocated his share, even if it is leased.

How to allocate your part of the land (shares) in kind if land resources are denied, citing the fact that the program cannot divide the land. Obstacles: the second owner does not notarize the land.

Hello Alla Valentinovna. The issue is difficult, but it must be resolved only through the courts. That is, first you propose in writing to the second owner to resolve the dispute peacefully, and then everything through the court. For each position, everything will have to be resolved through the courts. Good luck.

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We received a land share on paper. And we cannot allocate land in kind. We've been suing for almost 4 years now. At the general meeting, the administration allocated land to us. AND WHEN we submitted the application to the newspaper, it gave a refutation. And it’s delayed every time for all sorts of reasons: either we held the general meeting in the wrong place, or some other reason. How can we achieve our rights? It is clear that the courts, the administration and the state farm are at the same time. Behind the scenes, we know that they have already divided these lands among themselves.

From your question, we don’t quite understand the situation, what the essence of the legal dispute is about, why they are refusing to pursue it under what pretexts. Everything must be decided specifically based on the situation. there is no general solution

You need a real lawyer. In the Gatchina region, the situation with shares is difficult, especially if it is “Flame”, “Verevo” or “New World”, and in general in 2013 everything became much more complicated.

I was given land shares in 2007 (there was no consent of the donor’s wife), I made an allocation in kind of land plots, everything registered the question of whether it is possible to challenge now my right to ownership of these land plots (the donor’s wife died two years ago) thank you.

It cannot be disputed. Only the spouse herself could have done this during her lifetime.

What to do if it is impossible to allocate a land share (according to a voucher) in kind, since there is no land left for it.

is being sued. There cannot be more vouchers than land. Also submit to the prosecutor's office for fraud. Perhaps the land was transferred to another category, which reduced the total amount. You have a paper, which means you must find the land for which the document was issued.

For more than half a year now I have not been able to allocate a land share in kind. At first I was persuaded to sell the unallocated share, then Maloyaroslavets Rosnedvizhimost said that there was no free land, investors had bought it all. Finally, they issued a plan for a land plot of 3.2 hectares. I submitted advertisements to the local newspaper twice and received no objections. I went to fill out the land survey, they looked and said that this plot already has a cadastral number and it is someone’s property. Tell me what to do in such a situation? Thank you in advance.

Before submitting an advertisement to the media, you should have clarified with the Federal Registration Service and Rosnedvizhimost which land plots in the array are free. You can allocate a share only in this free space. Your question is not legal, but land management, collect information. Good luck!