Peculiarities of using public land

Many people know what joint ownership of property is. Common ownership involves the presence of one object at the disposal of several persons at once.

At the same time, shares in housing may or may not be allocated. If, by law or agreement, the shares are not divided between the owners, then they are divided between them into equal parts.

Property is distinguished, both divisible and indivisible, which includes an inherited property that is not subject to division from the point of view of law or technical features. Shared ownership of a house and land differs in some nuances in the implementation by owners of their own rights and obligations.

Kinds

Common property differs according to ownership boundaries:

• Joint . This includes property that was acquired jointly by spouses over many years of marriage.
• Share. It assumes a clear division and recording of the share in the registration documents. In this case, the owners can be both relatives and strangers to each other.

For real estate objects, the right of ownership extends to the following property:

1. Residential building with a plot of land.
2. Garage.
3. Apartment.
4. Land allotment or share.

What is shared ownership

Land can belong to several owners, each of whom owns their own specific part of the land. According to the Civil Code, the shares of such owners are equal, unless otherwise established by additional documents. For example, certain sizes of parts of a land plot may be specified in a will.

It is important to know that a special agreement can be established between the owners, providing for an increase in the share of any of them. This occurs due to material and labor investments. Such improvements may or may not be severable. Separable improvements include, for example, the purchase of agricultural machinery. Inseparable improvements are fertilizers, hiring of labor, etc. Based on an agreement, this owner may be paid compensation or an increased share.

Peculiarities

Shared property arises in the event of the exercise of civil rights in the event of:

• Legal inheritance or inheritance of a housing property by will.
• Inheritance by court decision.
• During the privatization of a property.
• When receiving housing as a gift.
• If joint farming activities were carried out.
• Joint construction of both residential and non-residential structures.
• Conclusion of a marriage contract.
• Joint purchase of property by several persons.

The size of the shares is determined in accordance with the law or an agreement reached. If it cannot be established, then equal rights are distributed among the owners.

On house

Legal aspects regarding the house and the surrounding land are determined by agreement between the owners or by law.

ATTENTION! In the case when the emergence of property rights concerns the heirs of the first priority, the size of the parts between them is determined in equal amounts, and the property is distributed according to the actual number of heirs.

According to the law, it is possible not to determine shares in joint ownership.

For agricultural land

Such ownership means the ability to dispose of a land plot by several persons at once. According to practice, shared ownership of a land plot can be immediately distributed among hundreds of shareholders .

In this case, we are talking about agricultural land, the ownership of which arose after the collapse of collective farms. Such lands are often used either for growing products or for housing construction.

There are no prohibitions on the acquisition and sale of land, but there are certain restrictions regarding the transfer of shares to third parties.

Since the common share in a land plot has several owners, when planning an exchange, lease or sale, the owners must contact the other participants to obtain permission to separate their land share from the common property.

The meeting of shareholders determines the place where the plot of land will be allocated. Then the site is surveyed and a mandatory cadastral number is assigned to it.

ATTENTION! Without fail, the shareholder must inform all owners of his intention to allocate a share and hold a meeting, where the shareholders approve the boundary plan, and also draw up a protocol with the signing of an act of approval of the boundaries of the new plot.

The owner of the allocated share receives the remaining documents from Rosreestr.

For an apartment

Basically, joint shareholders become in the event of privatization of an apartment, or at the time spouses purchase joint housing. The law provides for the registration of joint ownership of an apartment in a new building by several persons who together participate in financing the construction in accordance with the drawn up agreement.

In the case of joint disposal of an apartment, some difficulties may arise if one of the owners does not fulfill his obligations.

Types and forms of land ownership

In accordance with paragraph 2 of Art. 9 of the Constitution of the Russian Federation and Art. 209-217 of the Civil Code of the Russian Federation in Russia establishes: private ownership of land by citizens and legal entities, state (federal and constituent entities of the Russian Federation), municipal and other forms of ownership. Citizens can have land plots on the basis of not only individual, but also common shared (with a certain share of each owner) and common joint (without determining the shares of each) property. The right of ownership of land is realized through the forms and types of ownership of land plots that make up the land fund of Russia. In the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (hereinafter referred to as the Land Code of the Russian Federation) in Art. 5 defines the participants in land relations (which include citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities). According to the subject composition (according to Article 212 of the Civil Code of the Russian Federation), the following forms of land ownership are distinguished:

• private property - carried out and implemented by the power of individual citizens and groups in their interests;
• state property - implemented by the state in the interests of the entire society;
• municipal property - implemented by local government authorities in the interests of the population of a particular municipality;
• other forms of ownership are mixed.

Until recently, the concept of “collective shared ownership of land” was widely used. Today, domestic legislation does not provide for this form of common ownership. Including in relation to land legal relations. However, a significant number of plots received on the basis of the provisions of the articles of the Land Code of the RSFSR still remain in the ownership of citizens. In fact, this form of common ownership in most respects coincides with the modern right of common joint property.

Shareholders' rights

Common ownership is characterized by the following rights:

1. Possession.
2. Use.
3. You can use your vote in the event of solving problems that arise that are related to common housing.
4. Owners cannot own a certain portion of the property.
5. Use income received from the use of common property.
6. Dispose of a part of the property equal to your share.
7. Accept compensation for the use of your share by a third party.

The main feature of owning a share right is the coordination of all ongoing activities related to one’s share with neighbors in the property, that is, other owners.

If one of the share owners does not agree with any action in relation to the common property, then all actions will be considered illegal.

What rights do owners have?

Relations between owners of a part of the property are regulated by the following documents:

• Constitution of the Russian Federation;
• Land Code;
• Civil Code;
• Federal Laws.

Participants in common shared ownership are co-owners of a land plot, that is, those citizens who have property rights to it.

If we are talking about plots that are in common shared ownership, then the owners have the right to own, use and dispose of the land.

That is, each owner of a part of the plot has the right:

• sell, pledge, exchange your part, having previously taken advantage of the right of first refusal. That is, first of all, the co-owners must offer their share in the land plot;
• cultivate the land, collect fruits;
• erect buildings.

However, the costs of maintaining the land are shared among all co-owners.

But all actions that must be performed with the allotment can be decided only at a general meeting of participants. It means the totality of all co-owners of a land plot, who together make decisions concerning it.

The initiator of such a council may be:

• co-owner;
• ownership group;
• local authorities.

If the meeting is organized by the local administration, then it must notify all participants 40 days in advance by posting an announcement on the Internet, mass media, and information boards.

In the case where such a council is initiated by a co-owner or a group of owners, the local administration must be notified in writing.

• Such notice must indicate:
• date and time of the event;
• address;
• agenda;
• where you can get acquainted with official papers related to this issue.

At least 20% of the total number must be present at the meeting. Only then will it be considered legitimate.

All those present must provide personal identification and proof of ownership.

Decision making is carried out by voting. One owner has one vote. The resolution is adopted by a majority and the results of the selection are documented in a protocol.

At such meetings the following decisions are made:

• leasing of land, trust management;
• sale of allotment;
• allocation of part of the plot to a new shareholder;
• choosing a citizen who will represent the interests of the participants;
• increasing part of the land plot of one of the shareholders;
• carry out or approve a land surveying project;
• approve the list of owners.

A representative of the meeting can act on its behalf, but only after submitting the appropriate minutes.

Service living quarters can be very useful.

The apartment rental tax is well described in our article.

You need to know how to buy an apartment! In our detailed material you will find a guide to buying an apartment.

Selling property

Each shareholder has the right to transfer his part of the property to another person and withdraw from property relations. The sale of housing that is in common ownership has some peculiarities.

To begin with, a person who decides to sell his part must offer to buy it to other owners of the property. Such a warning must be in writing.

IMPORTANT! Other owners can either draw up a written refusal or give their consent to the purchase. In the absence of such consent or refusal within a month, the share may be sold to a stranger.

The original terms of sale must be maintained. They should not be more profitable than those that were established for other participants. The sale of a share of land can take place subject to the following conditions:

1. The shared plot has been surveyed and is registered in the cadastral register.
2. The owners of the remaining parts of the land refused to purchase the share being sold.
3. The sale of the share will not interfere with further economic activity on the land plot.
4. Along with the alienation of the share of land located under a private house, the corresponding part of it is also subject to sale.

Common joint ownership of a land plot

Advice from lawyers:

1. My land area is 123,600 sq.m. In common joint ownership, this farm has ceased to exist and my plot is not registered in the cadastral register. Registration is prevented by the decree of accession, which is available in the administration. What should I do?

1.1. Greetings, to register ownership of a land plot, all documents are required confirming the formation of such a plot for entering information into Rosreestr. Indeed, such documents were issued by the administration of the locality, you can contact them to receive a duly certified copy of this document. Rosreestr also stores files on such farms; you can also apply there for the provision of such a document.

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2. What does the restriction (encumbrance) on a land plot mean: “ownership of a land plot and a share in the ownership of public lands are subject to civil circulation only jointly.” Is it dangerous to buy such a plot?

2.1. This is not a burden at all. The fate of the right to public lands follows the fate of the right to a plot. And inextricably linked with him. Just like when you buy an apartment, you also buy a share in the right to the common property of the house.

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3. My husband and I are the owners of an individual residential building located on a land plot owned by the husband by right of ownership. Can the husband re-register the land plot into common joint ownership?

3.1. No, only in common shared ownership.

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4. In 1995, a land plot for public use was given to the collective and joint ownership of the s/o. The company did not undergo re-registration in 1998. Now a homeowners association has been created that needs a plot of land for public use. How to register a plot?

4.1. Olga, good afternoon! If you have documents in your hands confirming the legal basis for ownership of the plot, then you have the right to register the property in the registry, and if there is something missing, then through the court. You need to familiarize yourself with your documents.

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5. Help is needed very urgently! We executed a purchase and sale agreement for the plot for compensation. The agreement indicates common joint property, me and the children are indicated, Rosreestr was told to submit a written application that this is not common joint property, but common shared property. Tell me, will the land certificate be reimbursed this way or does the contract need to be changed?

5.1. Common shared ownership. This is a legal concept and not shared ownership. So change the contract. What documents are needed to dispose of land capital in St. Petersburg? The holder of a land certificate, after the transaction for the purchase of land has been completed (the property is officially registered), must provide the following documents along with the application for the disposal of land capital: the passport of the parent who was issued the land certificate; documents about the residential address, if there is no mark in the passport; land certificate; an extract from the Unified State Register, which will confirm the ownership of land by one of the parents; purchase and sale agreement – ​​it must necessarily indicate the price of the land; payment documents that will confirm payment of the cost of the land plot by a large family.

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6. The donor has donated a plot of land and a building under a gift agreement to the donee (spouses) for common joint ownership. The donees submitted an application to the Rosreestr for registration of common joint property. However, the authority indicated that donation into common joint property is impossible under the Family Code. Is it so?

6.1. Indeed, donation to common shared property is impossible. The object under the gift agreement belongs to one of the spouses by right of ownership. The only thing is that you can enter into an agreement with your husband regarding a piece of land or a building after this property becomes your property or the property of your spouse.

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7. My husband and I bought a house with a plot of land as joint property. Please tell me how to correctly return the 13% tax deduction. It must be for both buyers or one. The house cost 3,500,000.

7.1. Hello, Anastasia. Each spouse has the right to receive a deduction in the amount of no more than 2 million rubles. however, the total deduction cannot exceed the cost of housing. The procedure for distributing the deduction is determined by agreement between the spouses.

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7.2. Good afternoon. Each of the spouses can receive a tax deduction for joint property, provided for in subparagraph 1 of paragraph 3 of Article 220 of the Tax Code, based on the amount of expenses of each spouse, confirmed by payment documents, or on the basis of the spouses’ application for the distribution of their expenses for the acquisition of the specified property, but no more 2,000,000 rubles for each spouse.

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8. Before marriage, I bought a plot of land. After marriage, I sold it and bought a car. Is this considered joint property?

8.1. The car is considered joint marital property. In order for it to be considered your personal property, you will have to prove the movement of money, that is, that the car was purchased with money from the sale of the plot.

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8.2. Hello! Please clarify your question in more detail.

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9. Before marriage, I bought a plot of land. After marriage, I sold it and bought a car with that money. Is it considered joint property?

9.1. Good afternoon Yes, it counts. According to Part 1 of Art. 34 of the Family Code, property acquired during marriage is the joint property of the spouses, unless otherwise specified in the marriage contract.

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10. Need help filling out the 3-NDFL declaration. The data is as follows: Common joint property, house and land. Purchased in May 2020. Sold in 2020, payment received partly in 2020, partly in 2020. I’ll send the numbers to whoever takes it.

10.1. Good evening Valery, please provide your information to fill out.

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11. My ex-husband and I have a plot of land in common joint ownership. Building permit for two. Can I build a house on this plot and register it in my name?

11.1. Good afternoon. You can, only the husband will have 1/2 share in this house.

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12. There is a plot of land that is in common joint ownership with a neighbor. A house for two was built on this plot. At the moment, my half of the house is in disrepair; I do not live there and do not intend to live there. I would like to know if it is possible to demolish this half of the house (1/2 of the house is owned)?

12.1. Hello! Have you allocated your share in kind? From a legal point of view, you must not only have ownership rights, but also determine the square meters related to this property that are subject to your use and disposal.

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13. The house and the land on which it is built are in common joint ownership with the husband. Can he take out a loan secured by property without my consent? How can I find out about his actions to apply for a loan? Thank you for your reply!

13.1. It cannot be issued without your consent, order an extract from the MFC for the house and land plot, from which you can see whether there are any encumbrances.

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14. In common joint ownership with his wife - a house and a land plot of 1/2 each. Divorce proceedings are underway without property claims. There is a decision of the world court on divorce, but I have appealed it. My wife changed the locks in the house. The private security company guarding the property has rewritten the alarm system and is not giving me new key fobs, citing the agreement concluded with my wife. The lawyer advises filing a claim for occupancy. Is this justified? Is there another solution to this situation?

14.1. First of all, the decision of the world court will stand, you will be divorced, you will not be forced to live together. Next, I advise you to file a claim for obstruction in the use, occupancy and issuance of keys to you.

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15. In common joint ownership with his wife, a house and a plot of land, 1/2 each. The wife changed the locks. The private security company guarding the property has rewritten the alarm system and is not giving me a new key fob. The lawyer recommends filing a claim in court for relocation. Is it correct? Maybe there is an alternative way?

15.1. Is it correct? Maybe there is an alternative way? Yes, there is an alternative way! A person whose right has been violated may resort to self-defense corresponding to the method and nature of the violation (Article 14 of the Civil Code of the Russian Federation). The possibility of self-defense does not exclude the right of such a person to use other methods of defense provided for in Article 12 of the Civil Code of the Russian Federation, including in court. Within the meaning of Articles 1 and 14 of the Civil Code of the Russian Federation, self-defense of civil rights can be expressed, inter alia, in a person’s influence on his own property or property in his legal possession. Self-defense may also consist of influencing the property of the offender, if it has signs of necessary defense (Article 1066 of the Civil Code of the Russian Federation) or was committed in a state of extreme necessity (Article 1067 of the Civil Code of the Russian Federation).

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16. Wording of the will: I bequeath a house and a plot of land belonging to me to my children as common property in equal shares. The will does not state joint ownership of all property. How to understand the main essence of a will and what to do correctly if the owners do not agree to the general sale of the property.

16.1. Property may be in common ownership with the determination of the share of each owner in the right of ownership (common ownership) or without determining such shares (joint ownership). However, this property, even divided into shares, belongs to all its owners. Unfortunately, the share is not the entire apartment, and it will not be possible to sell it simply by putting it on the market. Before selling his property, the co-shareholder must offer a share to his neighbors. The procedure is regulated by Article 250 of the Civil Code of the Russian Federation. At the same time, you don’t just need to offer it, you need to do it in writing. You must send a notice indicating the price. As a rule, letters with return receipt are used for this. If the co-shareholders do not want to purchase the part of the apartment being sold within a month from the date of receipt of the letter or renounce the preemptive right in writing before the expiration of the period, you can safely put your property up for sale. At the same time, there is an important nuance: you need to sell your share exactly at the price and on the same terms that you offered to other shareholders. If you deviate from these conditions (for example, by changing the price during the sale to a lower one), other owners can sue you and challenge the sale. The exception to this rule is an increase in price. In the event that several shareholders decide to purchase a share at once, the seller himself can choose the buyer.

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17. By a court decision on the division of jointly acquired property between the spouses, a division of the land plot was made, and I was recognized as having ownership of a 1/2 share in the common ownership of the said land plot. Is it possible to register this share in Rosreestr only on the basis of a court decision, and is it possible in the future to donate this share without land surveying (share) and allocation in kind (a whole plot of land registered in the name of the former spouse has boundaries, a cadastral passport)?

17.1. Good afternoon Valeria! Yes, indeed, you can register 1/2 share of a land plot, but you can donate this plot only through a notary! Because All transactions of shared property from 2020 go through a notary! All the best!

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18. After a divorce, the ex-wife wants the division of property. She and I have joint property in a plot of land, I have 1/3 in an apartment (2/3 are the shares of children - 16 and 19 years old) and a car. Tell me what options for dividing property exist? How can you divide - by objects or by property value? Thank you. Igor.

18.1. Hello. Jointly acquired property is divided in half, or one property and the other half of its value. The value is determined by the appraiser if there is a dispute. If a share in an apartment and a car were received during marriage for compensation, then they are also joint property.

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18.2. Good afternoon, Igor! There is an ideal option, if the parties have reached an agreement on such a division, contact a notary and he will certify your agreement. By what principle you will divide is not important, the main thing is that an agreement is reached. If this does not work out, then the issue is resolved in court. You can always find a way out of any situation, the main thing is to take steps to achieve it. Good luck to you and all the best in your endeavors. Sincerely, website 9111 lawyer, Irina Dmitrievna Korzun!

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18.3. Share as you decide, the law does not prohibit this. How did you get 1/2 shares? SO, it was acquired by you together in marriage? Then you and your wife each own half of this 1/3. Land plot of 1/2 share.

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19. Tell me please! How can you indicate in a purchase and sale agreement that 2 children each have 1/4 of the house and land, and parents have 1/2 of the joint property, or how is this generally written?

19.1. Good afternoon. It is spelled differently. You should spend some money and turn to a specialist to draw up an agreement, moreover, if you are buying real estate using funds other than mat. capital, and let’s also say borrowed capital, then you sign an obligation to allocate shares with a notary. By the way, the shares can be specified in different ways, you can have 1/4 for everyone, 1/10 for the children and 4/10 for you and your husband.

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20. I am the owner of the common joint property of TNT. How can I stop it if I sold my land plot, which was allocated from the general land plot? There is an agreement between the participants in the common joint property.

20.1. Hello, you just need to submit a written application to resign from DNI and to allocate your share in kind. If they refuse, then you need to apply for the allocation of a share through the court.

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20.2. Hello, In this case, it is not clear how you sold it if you were not allocated a share of the common joint property. I wish you good luck and all the best!

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We want to sell a plot of land. Is the transaction notarized? The plot is jointly owned by me and my husband. The shares have not been determined.

The question is next. There is a house on a plot of land with two owners in common joint ownership (without defining shares).

What document determines the procedure for registering a plot of land in a common yard as joint ownership?

We are going to sell an apartment, a garage and a plot of land (under the garage). All objects are in common joint ownership.

A married citizen has entered into a long-term lease agreement for a plot of land in which he is a tenant.

My husband and I, as a young family, were allocated a plot of land for private farming in 2013.

My husband and I are buying a plot of land and a house as joint property. Land category: lands of populated areas. What is the state duty for state registration of land and house?

Help solve our problem. In 2020, we bought a house in the village and a plot of land for a mat.

SNT, according to the State Act of 1992 (3), owns land under the right of collective joint ownership.

Land plot in common joint ownership - 3 co-owners. We decided to allocate the shares of each co-owner in kind,

The question is next. Two citizens A. and B. jointly own a plot of land.

Income distribution

As a result of personal use of a common property, its rental or sale, owners can receive a common income. Since property is common, funds cannot belong to only one owner. In this case, the question arises of how to correctly divide the income between all owners.

The distribution of income between owners is not regulated by law.
Owners must resolve this issue collectively.
The state only determines the documentation of the decision made by the owners on the distribution of funds received. Basically, the income received is divided in proportion to the size of the share. However, the efforts made by each owner in obtaining the money are taken into account.

The documentation must consist of a purchase and sale agreement and an additional agreement drawn up by the owners of the property.

ATTENTION! In order for all actions to be correct, legal and cannot be challenged in the future, you need to contact a qualified lawyer who will tell you when selling shared ownership how to draw up the necessary documents.

Common ownership of a plot of an apartment building

Participants in the shared construction of multi-storey new buildings, after putting the house into operation, settling in with its residents and receiving a certificate of share in the right to an apartment, have a choice regarding the land adjacent to the house. It consists of options:

1. Lease rights from the municipality.
2. Ownership.

This issue is resolved at a general meeting and with the consent of all residents, the site allocated for the functioning of this residential building can be privatized. Each resident has equal rights to use the site.

Typically, the site is used for the arrangement of children's playgrounds, flower beds, parking lots and other needs of the residents of the house.

After privatization, the share of each resident in the right to the plot is determined in proportion to the share in the right to the residential premises. But in apartment buildings such rules are practically not accepted, since they deprive residents of the benefits that common use gives them.

Impossibility of partition

Common ownership of a one-room apartment often in practice leads to the fact that it is not possible to divide it. According to civil law, the impossibility of dividing common property does not prohibit owners from petitioning for the establishment of a procedure for disposing of common property .

On the basis of the Civil Code of the Russian Federation, the disposal of property that is jointly owned occurs in accordance with the adopted general agreement of all owners. If it is not possible to reach a compromise, such an order is established through the court.

Common joint ownership

All rights and obligations associated with common shared ownership of a land plot are regulated by the Civil Code of the Russian Federation, according to which it is possible to own real estate jointly.

Each of the co-owners receives the right to dispose of joint property, having received the written consent of the other participants or specified in the agreement. Thus, the conditions for co-ownership and operation of a farm plot are contained only in the agreement of the co-owners who have officially expressed their desire to create and engage in joint farming activities.

The rights to dispose of a farm plot are not given to all co-owners, but only to the selected head, who will act not in personal interests, but in the interests of the farm. Despite this, each co-owner has the rights to carry out various transactions. At the same time, other participants can, through the court, declare these transactions invalid if there are grounds for this. These include violation of the rights of other co-owners, damage to property, an illegally signed agreement, unlawful sale, etc.

Quick and easy - we divide the common shared ownership into a land plot!

In the document, the owners voluntarily agree to determine the legal capacity of each participant.

The agreement is signed by all copyright holders.

It is advisable to have it certified at a notary office.

It must be submitted to the local cadastre and cartography office for registration of shares.

The plot must be registered as a property.

Other forms of law do not allow the reorganization of lands through their merger or division.

Features of land ownership

The presence of a share in the right of common shared ownership of a specific land plot implies that the owner disposes of it without limiting each other’s rights.
Moreover, each owner can use the land depending on the size of his share, unless there is another agreement. If for some reason one of them cannot fully exercise his rights as an owner, he can receive compensation for his plot. As for expenses and income, they are all divided between the parties according to the size of their shares. You should also know that the owner of a part of the land has the right to dispose of it not only for profit. He can sell, donate, mortgage or perform any other legal actions.

How to divide a plot of land that is in shared ownership

You will need

• - passport;
• — extract from the cadastral passport of the house;
• - a copy of the cadastral plan of the house;
• — application to the department of architecture and urban planning;
• — conclusion of the expert commission;
• — cadastral passport for each share;
• — cadastral plan for each share;
• — an application to the Arbitration Court if there is no mutual agreement.

Instruction 1 When receiving an inheritance, part of which is a residential building, the division can be made by selling and receiving everyone’s share in cash equivalent or by dividing it into parts in kind. There is also a division between co-owners.

For example, there are three participants, but the property can only be divided into two parts. In this case, the owners will have to agree who will get the new plots, and who will receive monetary compensation, after receiving which their right to the land will disappear. Preparing a division agreement When property owners decide who will get what part of the land, and make sure that each of the resulting plots has an acceptable size, they need to record their decision in an agreement, a mandatory part of which is a site plan with the boundaries of the proposed division marked on it.

The document must contain the following information:

• information about the owners of the divided plot and confirmation of their consent to the division;
• address and cadastral number.