Land share in 2020 - what is it, withdrawal, agricultural assets by inheritance, rights, sale

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Published: 07/24/2017

Reading time: 8 min

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When using agricultural land, it may be necessary to register ownership rights to such land - for sale, division into separate plots of land, etc. In some cases, in order to formalize rights, it is first necessary to allocate a plot of land from common property and clarify its boundaries.

The concept of agricultural land
Legislative regulation
Registration procedure
Preliminary stage
Required documents
Procedure
Cost and terms

The concept of agricultural land

Agricultural lands usually include areas that are intended for agriculture and are located outside urban settlements, in accordance with paragraph 1 of Art. 77 Land Code of the Russian Federation.

Agricultural plots can be intended for the following purposes:

Individual management;
Gardening, market gardening;
Agricultural production;
Cattle grazing and haymaking.

Agricultural land can belong to one individual, organization (peasant farm) or several persons (shared ownership).

Land share is the share of agricultural land owned by

one individual or legal entity.

The issuance of land shares was carried out after the collapse of the USSR with the aim of privatizing collective farm lands by their former employees. A land share does not have a physical expression in the form of boundaries; it gives the right to own the share of land indicated in the document on the existence of a share in the right of common ownership.

A plot of land that is in common shared ownership of several shareholders is managed by a general meeting of such shareholders.

How to sue a land share?

In the process of allocation and privatization of land plots, various controversial situations occur. Often these disputes are related to other co-owners regarding the determination of the location and boundaries of the allocated plot, with the registration authority, between heirs, with local government, for example in the case of seizure of a land plot, etc.

In order for share owners to defend their legal rights to use the land share in the event of controversial situations, it is necessary to file a claim with the justice authority. Specifically, to a court of general jurisdiction (to the district court at the location of the defendant).

At the same time, it is worth keeping in mind when going to court that there is such a thing as a limitation period (3 years from the date of discovery of a violation of the right), and also that each specific situation requires an individual approach, so we recommend that you seek legal assistance from a professional lawyer.

Legislative regulation

If a plot for agriculture is owned by state authorities, then the registration of rights to such a plot is carried out within the framework of privatization and is regulated by:

Registration procedure

The method of obtaining ownership of an agricultural land plot depends on the type of right on the basis of which the land user claims the plot. Such rights may include:

The right to a share located in the allotment of common property;
The right to unlimited use or lifelong ownership of a state plot.

To transfer the rights to a plot from state ownership to private ownership, it is necessary to write an application to the land owner (local executive authority) for preliminary approval of privatization, and if you have a land share, you must submit an announcement in the media about the desire to allocate the plot of land from the common property in kind.

How to dispose of the site

The owner of a share can dispose of it in many ways:

sell the plot;
exchange for other real estate;
to rent;
donate a plot or transfer it to heirs;
give for use;
pledge a share;
use as authorized capital.

In most cases, the share is leased or transferred for trust use in order to receive a profit from it.

How to find a land share, watch this video:

Pros and cons of a land share

The main advantage of the site is the possibility of generating income. This can be money received both as a result of transactions and the sale of crops at market prices. It is also possible to make a profit from the plot in the form of agricultural products.

Among the disadvantages are mandatory taxation, dishonesty of tenants, possible tricks of landlords, small harvest or its complete loss, which entails losses.

According to the law, the state can forcibly seize agricultural lands that are not used for their intended purpose, are not legally registered, or have a number of violations.

Preliminary stage

After preliminary approval of the provision or publication of an announcement about the allotment in the media, the land user must organize geodetic work to determine the boundaries of the agricultural plot.

Geodetic work is carried out by cadastral engineers who are in the federal register of cadastral workers, or by surveying companies that organize the work of such engineers.

The work is carried out directly on the site and includes:

Topographic survey of the territory;
Measuring works;
Determining the coordinates of boundary points;
Soil condition assessment.

After the work is completed, the cadastral engineer processes the measurement results, after which he draws up a draft boundary plan.

According to paragraph 6 of Art. 13.1 Federal Law No. 101, the draft plan is approved no earlier than 30 days after all interested parties (neighbors, future owner and other shareholders of the site) have familiarized themselves with it.

If all participants in common shared ownership intend to allocate their shares and obtain ownership rights to individual plots of land, then at a general meeting they approve a project for surveying the common plot and determine the boundaries of future plots.

The decisions of the general meeting are documented in a protocol, to which is attached a land surveying project, in accordance with which separate areas are formed, and in this case additional approval of boundaries with the participation of a cadastral engineer is not required (clause 3 of Article 13 of Federal Law No. 101).

Required documents

To register ownership of a land share, the following documents will be required:

Document on the right to share;
Boundary plan of the site;
Cadastral passport;
Certificate from the Unified State Register of Encumbrances.

The document on the right to a land share is the basis on which the shareholder can allocate his plot in kind, and the share of the plot indicated in this document allows the cadastral worker to calculate the area of the formed plot and determine its boundaries.

The right to a share is issued when dividing collective plots to each shareholder free of charge or can be purchased on the securities market as land capital; its value depends on the category of land and its cadastral value.

A boundary plan is necessary to prepare a cadastral passport for a plot; it is prepared by a cadastral specialist based on the measurements taken; the cost of its production depends on the area of the plot and its accessibility for measurements and can amount to up to 15,000 rubles for plots of no more than 1 hectare. The production of a boundary plan takes 1-3 weeks.

A cadastral passport is required to register ownership of a plot and enter the relevant information into the Unified State Register; it is issued at the cadastral chamber free of charge on the basis of a boundary plan within five days.

A certificate from the legal register is necessary in order to exclude possible claims to the allotment being formed by third parties and to ensure that the land is not seized. You can order such a certificate at the multifunctional center or in the section of the Rosreestr website.

When providing land from municipal property, you must write an application in a standard form.

The application must indicate:

Full name and address of the applicant;
Site location address;
Cadastral number of the plot;
Category of land and type of use of the site.

The text begins with an indication of the authority submitting the paper, indicating the full name and position of the employee receiving the application, followed by a request to provide ownership of the site outlining its characteristics.

Procedure

Registration of rights to a land share in the case where a plot is allocated by one of the shareholders is carried out in the following order:

Submitting an advertisement in the media about the desire to allocate a share in kind;
Organization of survey work on the ground;
Obtaining cadastral documents;
Registration of property rights in Rosreestr.

The list of media outlets in which announcements about the allocation of shares are published is approved by local legislation.

If within 30 days none of the shareholders has expressed disagreement with the allocation of the site from the common property, the shareholder who submitted the advertisement enters into an agreement with a geodetic company to prepare a boundary plan.

The prepared boundary plan is subject to agreement with other shareholders and neighboring land users. It is important to take into account that the area of the formed site may differ from the calculated one due to the characteristics of the relief or soil, but no more than 10 percent (Clause 16, Article 13.1 of Federal Law No. 101).

After preparing the cadastral documents, the land user needs to register his right to the plot; for this, an application for registration is submitted to the local branch of Rosreestr, to which the following papers are attached:

Cadastral passport;
Document on the right to a land share (share);
Receipt for payment of state duty.

If the allocation of a plot in kind took place on the basis of a land surveying project approved by the general meeting of shareholders, then an extract from the minutes of the meeting must be attached to the application.

When the land is owned by the authorities, registration of rights to the plot after registration of cadastral documents is carried out on the basis of an application submitted to the authorized body for the granting of land ownership.

The purchase of a land plot from a lease is possible only if all the terms of the lease agreement are fulfilled. How much will it cost to rent land from the municipality? Find out about this from our article.

What is a housing cooperative and is it worth using it when buying an apartment? We talked about this in detail in our material.

Land surveying

A characteristic feature of agricultural land, which distinguishes it from personal plots, is its significant area, which is sometimes tens or even hundreds of times larger than the standard 10–20 acres allocated for individual residential construction. Consequently, this introduces changes into the land surveying procedure, significantly complicating field work. However, in all other respects, the procedure for creating cadastral documentation for plots allocated for agricultural production is not much different from the land surveying of other real estate properties.

Read also: Draw up a land lease agreement correctly

Based on the norms of Article 13.1 of the Federal Law, the project of boundary work for agricultural land ownership must be carried out by a cadastral engineer - a member of a local self-regulatory organization. If we are talking about drawing the boundaries of a site that does not belong to any one owner, the future project must be approved by the majority of participants in the collective land ownership. Since the result of land surveying is very important information for further use, notification of the future meeting is personally sent to each owner of a share of the common field. If this is not possible, the announcement of the meeting must be published in regional media.

When, during a meeting, a project for defining the boundaries of a plot allocated for a separate farm or allotment is approved, the document should be agreed upon in advance with its owner. If the owner has any objections regarding the boundaries, configuration or location of the allocation, his arguments must be presented in an addendum to the project.