Land share as inheritance in 2020

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A land share, or a share in the total area of a plot, can be inherited along with other property. The only condition is that the testator has ownership rights. But the transfer of rights to such property is a complex legal procedure that has its own specifics. Step-by-step instructions for registering a land share as an inheritance will help you avoid mistakes.

Inheritance of a land share: legislative framework

The process of transferring land shares to heirs is regulated by the norms of Chapter 3 of the Civil Code of the Russian Federation. Thus, Article 1110 gives the testator the right to dispose of property at his own will. Article 1112 sets out the main components of the inheritance mass, and Article 1181 determines the procedure for inheriting land plots.

Other legal acts in this area include Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate.” The heir to whom the land share is bequeathed should carefully read the provisions of these documents.

Features of inheriting a land share

As the legislation says (Article 130 of the Civil Code of the Russian Federation), a land share is a type of real estate. True, formally it is not considered a plot of land, but only the right to claim the allocation of an allotment of a specific area.

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The unallocated part of the common territories can be registered in the name of an individual and transferred to his possession. But a citizen acquires the right to complete disposal of property only by holding a general meeting of shareholders, performing land surveying, that is, determining boundaries, and registering the plot in Rosreestr. Until this moment, the land plot can be left as an inheritance, but it will not be possible to sell or rent it out

Ways to receive a share by inheritance

Like any property, including real estate, a land share can be inherited in two ways:

According to the will. Through a will drawn up by a notary, the testator determines the circle of heirs and the size of the share of each of them. If desired, the will can be canceled or adjusted at any time.
In law. If there is no testamentary document, interested parties must come to a notary within six months after the death of the share owner and declare their rights to the inheritance. Reinstatement of this period is possible only for valid reasons.

But even if there is a written will of the deceased, there is a circle of persons who cannot be completely disinherited. Mandatory heirs, whose shares are allocated in any case, include incapacitated and minor children, parents or spouses who have lost their ability to work, as well as dependents

FAQ

Despite the fact that the procedure is not complicated, its implementation will require a lot of effort and time.

Each stage of inheritance and registration of a land share is associated with questions to which citizens often do not receive answers. Let's look at the most common ones right now.

When can I inherit?

You can enter into an inheritance and receive a land share within six months from the death of the testator, that is, from the opening of the inheritance.

During this period of time, you must contact the notary who drew up the will.

In six months, the inheritance will pass to the state, but you can still try to get it back in court.

This will require documentary grounds confirming valid reasons why the citizen could not receive the inheritance.

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Is it necessary to renounce relatives?

When entering into an inheritance under a will, a waiver from relatives is not required.

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The notary must carry out his actions without this document, otherwise you have the right to appeal his actions in court.

Every citizen can cope with the transfer of a land share into ownership under a will if he carefully studies the article and understands each stage of the procedure.

The procedure for accepting a land share as an inheritance

To register land as an object of inheritance, the future owner of the share needs:

Contact a notary in compliance with the deadlines specified above and inform about your readiness to accept the inheritance.
Prepare documentation confirming inheritance rights.
Submit an application for an assessment of the plot to the Land Committee of the area where the plot is located. A commission will be appointed in the State Land Agency division that will select the valuation method and calculate the cost. Based on the results of the work, a report is drawn up.
Receive an extract from the Unified State Register confirming ownership of the object.

Determining the price is a mandatory step, which cannot be avoided when transferring land into ownership. If this is not done, the notary may refuse to further process the documents.

How to apply?

Many potential heirs are interested in how to inherit a land share. The fact of receiving a land share as an inheritance must be documented. This process can be divided into several stages, which will be described below.

Opening a case

The procedure for registering a land share as a property (by inheritance) is clearly stated in the Civil Code of the Russian Federation.
The heir first needs to contact a notary with a statement . It is important to remember that the application period is limited.

As in the general case, this period is 6 months from the date of death of the testator. After filing an application, the case is considered open. If you have a will, you need to choose the notary office where this document was drawn up and registered.

In the absence of a will, the inheritance is registered with a lawyer at the place of last registration of the testator. After the certificate of inheritance has been received, it is necessary to register the land share in the property. This type of registration is carried out at the Cadastral Chamber.

List of required documents

Registration of each legal procedure is possible only if certain documents are provided. The transfer of property from the testator to the heir also involves the preparation of a number of certificates and certificates.

The list of required documents depends on how the inheritance is entered into: by law or by will. In any case, the first thing the heir should do is contact a notary.

If the registration of a land share is carried out as a result of inheritance under a will, it is necessary to present the will itself to the notary. If there is no will, and the inheritance of the share is carried out by law, the lawyer must provide documents confirming the validity of the claims to specific property.

The heir must present:

marriage registration certificate;
birth certificate, court order establishing the relationship between the testator and the heir.

In addition, the notary is provided with the following documents (regardless of the case):

heir's passport;
documents for the land plot - plan or cadastral passport;
death certificate of the testator, certificate from the place of last registration.

To carry out the next stage, the heir needs to know not only the list of necessary documents, but also in which government agencies they can be obtained.

The heir will need:

a certificate confirming an expert assessment of the share: available upon request from the Land Committee. You need to contact the department that oversees the specific area with the land plot;
a certificate indicating the absence of restrictive measures in relation to the share: arrest and various types of prohibitions that may limit the use of the share. This document is provided to the tax authorities;
certificate of absence of tax arrears (from the tax office). If there are debts, they must be paid off to continue the inheritance procedure.

At the next stage, the heir must make a request from the notary, in accordance with which a certificate is issued confirming the heir's ownership of a specific land share.

In accordance with this certificate, the heir can receive a certificate of registration of a specific object. At the final stage, the land share is registered in the name of the new owner.

The registration procedure is carried out on the basis of the following documents:

personal passport;
applications for registration of shares;
certificates of inheritance;
cadastral plan of the inherited share;
documents on site assessment;
receipts for payment of state duty.

The notary receives any other documents that can be obtained from registration structures independently. To do this, the specialist sends official requests.

Required Documentation

The list of documents required to acquire inheritance rights to a land share is as follows:

Death certificate of the former owner.
Certificate from the last place of registration of the testator.
Passport of the person applying for a land share.
An appraisal report that sets out the value of the site.
A copy of the will and other documentation that can confirm the presence of family and other ties with the testator.
Extract from the Unified State Register.
Documentation for land: certificate of plot allocation, cadastral plan, document of ownership.

Depending on the situation, other documents may be attached. For example, if the heir’s birth certificate does not indicate that the testator is his father, but there is a corresponding court decision, it must be provided.

It is also worth considering that since 2020, the notary has no right to demand from applicants for inheritance information about the presence or absence of encumbrances (seizures) imposed on the plot. Employees of the notary office request such data independently.

Contacting a notary

How to re-register a land share under a will? To do this, the first thing you need to do is visit a notary office.

This is necessary to confirm your own rights to a piece of land.

If inheritance occurs according to law, then you need to have documents with you that confirm the degree of relationship.

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As such documentation, as a rule, a birth or marriage certificate is presented.

If inheritance occurs according to a will, then it is necessary to visit the notary office in which it was drawn up.

This is necessary in order to put a mark confirming the fact that the testator did not change or cancel the validity of the executed will.

After visiting the notary, you will need to collect a package of documents. Let us immediately note that some of them can only be obtained at the request of a notary’s office, others you must present yourself.

One of the stages of registering a land share as an inheritance is:

procedure for assessing the value of a site;
obtaining a certificate issued to the legal successor by the local Land Committee.

This does not require a notary's request.

You yourself need to obtain a certificate issued by the tax authorities stating that there are no late tax payments, there are no arrests or prohibitions on the disposal of the share.

How to separate a land share from common shared ownership? See a sample application here.

Required documents

To re-register a land share transferred under a will, you need to collect a package of documents:

death certificate of the person;
a photocopy of the will left (it must first be certified by a notary);
documents confirming the rights of the testator to own the land;
registration certificate (it is issued only at the request of a notary);
certificates confirming the absence of debts and non-payments on the site;
certificate of assessment of the territory.

After completing the collection of documents, the notary will open the inheritance case. At the same time, an additional verification of a number of facts will be carried out - about the death of a person, about a citizen’s right to receive an inheritance, and other significant legal issues.

After this, a certificate is issued confirming the right to receive a share of the land.

Together with it, you will need to contact the registration authorities to register a share in the property.

To register rights to a land share, you will need to collect a new package of documents:

Cadastral passport.
Extract from the cadastral chamber, technical passport and site plan.
A document confirming the right to receive land by inheritance (issued by a notary).
Passport.

Together with them, you must contact the Registration Chamber. Employees of this body will review the submitted package of documents and help you draw up the application correctly.

At the specified time you will need to come and pick up the certificate of ownership.

It will give the right to dispose of the territory at its own discretion, including conducting various transactions and operations with it - sale, barter, donation or inheritance.