Allocation of a share of land from common shared property. Allocation of land from shared ownership in kind

The problem of allocating a share in kind can affect anyone who has received an inheritance or divorced. With it, it is necessary to document the changes, establish the boundaries of the share in the actual residential premises or land plot, and assign a new address. Let's figure out how to allocate a share in kind, in what order this can be done from common shared property.

Extrajudicial procedure

Before filing a claim, you should try to find an amicable solution. Its scheme will be like this:

Common property is registered as shared property.
An application is submitted to the relevant committee of the administration about the need to make changes to the technical plan of the residential premises, and permission to re-equip it is obtained.
An agreement is reached to refurbish the house. This part is the most difficult, since often the owners cannot reach an agreement. It is necessary to invite an appraiser and find out with his help the cost of the allocated part of the premises. This assessment will be subjective, so parties often demand compensation if the separated share, in their opinion, is too expensive or cheap. After agreeing on these nuances, it is necessary to transfer compensation, if required. The agreement is signed by a notary.
The registration of ownership completes the procedure. To do this, all shareholders must contact Rosreestr and sign statements about future changes to the property. Additionally, you need to submit documents for the property, a voluntary agreement (the number of copies must be equal to the number of shareholders and take one for Rosreestr), an updated technical passport, civil passports, and a receipt for payment of the duty.

After this, the owners receive ownership documents, which allow them to assign a new address to the share and maintain a separate personal account.

Determining the boundaries of a share with the help of the court

If at the stage of signing the voluntary agreement the shareholders were unable to reach a common opinion, the procedure will change. It is necessary to file a lawsuit against all co-owners in order to force the allocation of part of the property. The following documents are attached to the application for court:

registration certificate;
confirmation of property rights;
conclusion of the expert commission on the possibility of isolation in kind;
receipt of payment of the duty;
any documents confirming the plaintiff’s right to his claims;
copies of the claim according to the number of owners of parts of the property.

The court may order an additional construction examination to assess the possibility of fulfilling the plaintiff’s demands. If a positive decision is made, the procedure is completed at Rosreestr, where a copy of the court verdict and other documents for registration are submitted (the list is the same as for voluntary separation).

Nuances of allocating parts in residential premises

In some cases, the allocation of part of the real estate in kind is difficult. In judicial practice, there are often cases when it is necessary to rebuild or complete a premises in order to create a separate entrance. By law, construction costs must be divided between the owners in equal shares, but not everyone agrees to this. The court may take the side of the poor party and divide the costs in proportion to their financial situation if the lack of funds is proven. The number of dependents in the family is also taken into account.

When allocating shares in kind from residential premises, the court makes a decision based on the plan:

separating a part will not violate technical and construction standards - the requirements are satisfied;
if there are independent uncoordinated redevelopments, consideration of the case is postponed until they are legalized;
determining the share in kind is impossible without damaging the property - redevelopment is replaced by compensation.

Litigation related to the division of property appears quite often in the practice of many lawyers. One of the most controversial and multifaceted issues that judges have to resolve is the allocation of a share in kind of a land plot from common shared ownership.

The reasons why citizens request the allocation of a share can be very different. This may be a desire to individually own a part of the property, or the need to take out a loan secured by real estate, or the resolution of controversial issues regarding the division of jointly acquired property. Regardless of the reason that prompted such a decision, there are always several ways out of the current situation.

Voluntary agreement

If everyone has no serious claims against each other, a joint solution to this problem can be easily achieved and new conditions for using the joint site can be determined. To do this, it will only be enough for everyone who had the right to own this property to gather and conclude a new agreement that will determine the size of the share of each property owner.

Thus, the simplest and fastest way is to allocate a share in kind of a land plot by agreement of the parties. In this case, the title documents of each owner will indicate not a part of the whole, but the specific size of the plot of land, which is in the sole ownership of each of the participants in the division of property.

The only obstacle to making a positive decision can be that the size of the allocated plots will be smaller or significantly larger than required by the legislation of a given urban district. Then, according to the law, the one who wants to allocate his share can receive monetary compensation for his part of the plot, and the remaining owners will take possession of this land.

Trial

But, unfortunately, it is not always possible to reach a mutual agreement peacefully. Often, each of the co-owners of the property has his own opinion on this issue, which is in no way consistent with the point of view of the other participants in the transaction. In this case, if the allocation of a share in kind of a land plot without a court is in no way possible, then anyone can resolve this issue in court. He will have to draw up a claim and submit it for consideration to the court department at his place of residence.

The following factors may serve as a reason for refusing to accept a citizen’s claim:

as a result of the division, serious damage to the common property will be caused;
after the allocation of the share, a significant part of the total value of the site will be lost;
impossibility of using all common property for its intended purpose after separating any part from it;
serious infringement of the rights of third parties;
the presence of a direct prohibition on separating a share from the whole plot.

If the court makes a positive decision in the case, the owner of the allocated share can lease it out, create or expand his own farm, pledge it or dispose of it in some other way at his own discretion.

Sequence of share allocation

So, when the voluntary consent of all owners of a land plot cannot be achieved for some reason and a conflict-free allocation of a share in kind of a land plot is impossible, a statement of claim to the court must be drawn up by the one who wants to become the sole owner of his part of the real estate.

To make a successful decision in his favor, he will have to submit the following documents:

confirmation of land ownership;
irrefutable evidence that voluntary division of joint property is impossible;
an explanation of the reasons why a land management examination is necessary.

If the court accepted the statement of claim, then it will make its decision based on the results of the examination carried out, which should indicate the possibility of allocating a share of the land plot without causing serious damage to the common property.

It is best to draw up a statement of claim after consultation with an experienced lawyer who will suggest the correct form to fill it out. In any case, it must contain the following points:

the name of the court to which the plaintiff applies;
the full name of the citizen filing the claim and his detailed postal address;
the full name of the person to whom the claims are made (i.e. the defendant) and his location or detailed address at the place of residence;
a description of all the circumstances that forced the citizen to file this claim;
providing evidence that a voluntary agreement with the defendant was impossible;
reliable information that all pre-trial attempts required by law to reach an agreement with the defendant were followed;
a list of all documents that are attached to this statement of claim.

At the end of this document there is a personal signature of the citizen who files the claim in court. As an attachment, you will need to provide a receipt for payment of the state duty and all the necessary documents that prove the validity of the citizen’s demands for the allocation of a share of the plot. Lawyers consider such cases to be quite difficult and quite time-consuming, so in order to achieve a positive result, it is advisable to use someone’s professional help.

Actions in case of refusal by the court to accept the claim

Often, the court makes a decision in advance that the allocation of a share in kind of a land plot is not possible and refuses to accept the statement of claim. The reasons for this refusal may vary. Depending on the specific circumstances, the court makes decisions that contribute to the possible resolution of the conflict.

For example, the court can determine the procedure for using land that is in common ownership. In this case, the common ownership of the land plot does not legally cease, but each of its owners has his own part of the property, which he can dispose of only in accordance with the procedure established by the court.

If the plot is indivisible due to its small size or for some other reason, then by a court decision or by voluntary agreement of all owners, the person wishing to allocate his share may be paid appropriate monetary compensation. In this case, he ceases to be the owner, and spends the money at his own discretion. The remaining property owners remain in the previous position of common ownership of the land plot.

There are frequent cases of apartment owners going to court who want to allocate a share in kind of a land plot under an apartment building. But the chances of winning such a process are virtually zero, since, despite the fact that, according to the documents, each owner of the apartment also owns some part of the land on which the house itself stands, it is not possible to separate it.

According to the law, the allocation of a share can only be permitted if no damage is caused to the remaining property owners. And it is virtually impossible to carry out this operation with a site on which an apartment building is built. Therefore, in most cases, the court refuses to accept such claims from citizens.

Court decision to allocate a share: features

The allocation of a share always leads to the termination of the right of ownership of the common shared property by all participants in the process. At the same time, the court cannot make such a decision against the will of the other owners of real estate and significantly infringe on their rights. Everyone who is interested in the division must receive only what is due to them by law and in no case oppress the property interests of other owners. This is precisely what should be the decisive argument in favor of the court making a particular decision.

When carrying out the procedure that results in the allocation of a share in kind of a land plot for individual housing construction, the following requirements must be met:

Each plot of land is provided with a separate entrance and pedestrian access;
the size of the share of the land plot is not less than that established by the town planning regulations of the given area;
Relevant documentation for planning the new boundaries of the site has been prepared;
the interests of the owners of neighboring lands are not affected or infringed.

The law also allows the reverse procedure of merging several land plots into one at the request of the owners of the property. In this case, an important condition is that these areas belong to the same territory and the possibility of combining their borders. In the case of a merger, their owners receive the right of common shared ownership of the land.

The need to allocate a share in kind of a land plot arises among citizens of our country quite often. And it’s great if all land owners are able to agree among themselves and solve this problem without outside interference. But as practice shows, common property happens peacefully, unfortunately, extremely rarely.

The main thing to remember is that such a division should not harm the remaining owners, and try to resolve all issues pre-trial. Then you won’t have to waste your health on useless disputes and pay huge sums of money to lawyers.

A plot of land can belong to one person or to two or more, which determines the emergence of the right of common ownership.

The right of common ownership of a land plot involves the distribution of a set of rights and obligations in relation to this plot between two or more persons who are its owners. The types of common property are shared and joint. At shared ownership the share of each owner is clearly defined and recorded in the appropriate registration document. If the property is joint, then the share of individuals is not determined. However, when carrying out any actions or transactions with it (division, sale, registration of lease or ownership, provision of part of the site for rent) or disputes, the need inevitably arises to allocate the share of each owner.

Land share implies the opportunity for the owner to use, own and dispose of his part of the land plot at his own will and discretion, regardless of the presence or absence of the consent of other owners.

The concept of common ownership of real estate is enshrined in Art. 244, clause 4 of the Civil Code of the Russian Federation, which notes that this is the ownership of property by two or more persons that cannot be divided without changing its purpose. Since land is a special resource with a limited property, the right of common ownership of land has certain specifics.

What areas can be divided into shares?

Land plots, according to the legislation of the Russian Federation, can be divisible and indivisible.

Divisible Those areas are recognized that, when divided, do not lose their essential characteristics and can continue to be used for their intended purpose. For example, to remain suitable for construction, running a personal subsidiary or agriculture, carrying out business activities, etc. Divided plots can be in shared or joint ownership, and joint ownership can be transformed into shared ownership by allocating the shares of individual entities.

Indivisible It is not possible to divide the plots into separate shares without causing irreparable harm to their rational use for their intended purpose and loss of their value. If the division leads to a violation of town planning regulations, sanitary and fire safety standards, environmental requirements, or the area of the newly formed plots is less than the standards established by local authorities for the corresponding type of intended purpose, then it is not subject to division. Thus, the plot on which an apartment building or agricultural building is located may be indivisible. For them, if there are two or more owners, only the right of joint ownership is applicable.

The procedure for allocating a land share

Any subject of shared ownership may demand the allocation of his share in the common land plot. First of all, you should make sure that there is no direct prohibition on allocation, that the plot is truly divisible and when dividing it or allocating the shares of individual owners, the rights of third parties will not be violated. If the plot is indivisible, then the person who initiated the allocation of the share can receive compensation from the remaining owners in cash.

Among the characteristics of one plot of land that has two or more owners, real or ideal shares are distinguished. Real share- this is a part of the land with boundaries established on the ground. Ideal share is simply an indication of the fractional part belonging to a specific owner in relation to the total area of the plot (1/2, 1/3, 1/4, etc.), and is not displayed on the ground.

To allocate their share from the division, a general meeting of all participants having the right of shared ownership is convened. The location of the share on the ground must be indicated on the plan and its boundaries must be marked. If the consent of the remaining participants is obtained, then it is formalized in a protocol and serves as the basis for subsequent procedures for registering ownership of this land plot. In other cases, if it is impossible to convene a meeting, you should notify all other owners without exception in writing and obtain their consent. If no objections are received within a month, then the location of the site can be considered agreed upon.

If an agreement with other owners on the allocation of a share cannot be reached, then you can file an application with the court.

Next, if there is the consent of other owners or a positive court decision, a project for dividing the site is drawn up and carried out. For this purpose, a cadastral engineer or a private person with a license is invited.

Registration of land share ownership and its registration

To register the allocated share, it must be transferred to a new status - as a separate land plot.

Based on the survey document and the title document for the land share of the plot in the territorial body of Rosreestr. However, it is not yet sufficient to transform the object into independent real estate.

The owner's rights come into force only after the right to the land plot is registered with the registration chamber. Upon registration, a corresponding Certificate is issued. Then you can get and .

When allocating a share of a land plot, the right of common ownership is terminated, since it results in the creation of two or more separate plots with different owners. It is also possible that several or even all participants in shared ownership register their shares at the same time.

Features of transactions with shares of land plots

Procedures purchase and sale shares of the land plot have such a feature as "pre-emptive rights" They are owned by all other owners who have shares in the same land plot. This means that in order to formalize a transaction to sell your share to a third party, you must obtain the written consent of the remaining shareholders, certified by a notary. And before that, you must definitely offer each of them to purchase the plot for sale, indicating its final price. If all shareholders refuse to purchase, this price cannot be changed for a third-party buyer. If at least one shareholder was not notified of the sale of a share of land, did not give consent, or the share was sold to a third party at a lower price than that offered to shareholders, then the transaction can be protested by other owners of the land in court within 3 months from the date signing and registration.

Shares of the land plot can be rented to others to persons to rent, inherit or be given as a gift in accordance with the general norms of the legislation of the Russian Federation. But at the same time, a number of additional obligations are imposed on the owners or tenants of land shares:

timely payment of rent or land tax;
use of land efficiently and in accordance with its intended purpose;
preventing environmental pollution of the land or deterioration of its natural properties;
compliance with the rights and legitimate interests of other owners of shares of this land plot or legal tenants;
carrying out construction on its site in accordance with land management, urban planning, fire safety, sanitary and other standards; for the tenant - mandatory coordination of actions for the construction of buildings with the owner and other shareholders.

Unclaimed land shares

An unclaimed land share (for agricultural land) is considered to be the share of:

the rights to which are not registered in the manner prescribed by law, and the citizen-owner has not provided it for rent or disposed of it in any other way for 3 or more years in a row;
information about the owner of which is missing in the decisions of local governments on the privatization of agricultural land;
the deceased owner in the absence of heirs who have claimed the right to inheritance.

The local government body compiles a list of unclaimed land shares, publishes them in the official territorial media and on its website, and also provides it to the general meeting of shareholders for approval. After the list is approved by the assembly or after 4 months, the local government goes to court to recognize the indicated plots as unclaimed and then transfers them to municipal ownership.

Within a month after the court decision, the local government body publishes a notice about the possibility of acquiring land shares in ownership at a price of 15% of. Shareholders of the same land plot have a priority right to purchase them. If a buyer is not found within 6 months, the plot is registered as a separate one and sold under the general conditions established for the sale of land, including using auctions.

How to allocate a share of a land plot from common shared ownership

According to Article 11.5 of the Land Code of the Russian Federation, the allocation of a land plot is carried out in the case of the allocation of a share (or shares in the right) from a land plot that is in shared ownership. When a land plot is allocated, one or more land plots are formed. In this case, the land plot from which the allocation was made remains within the changed boundaries. The formation of a plot by allotment frees its owner from the obligations provided for by current legislation regarding the ownership, use and disposal of shares in the right of common ownership of a land plot.

In particular, the owner of a land plot formed by allotment has the right to independently dispose of it, while for the disposal of a plot of land that is in shared ownership, the consent of all owners is required, and for the disposal (by alienation) of shares in the right to a land plot, it is necessary to comply with the priority the rights of the remaining co-owners to such alienation.

The specifics of allocating a land plot against land shares are established by Federal Law No. 101-FZ dated July 24, 2002 “On the turnover of agricultural land.”

A participant or participants in shared ownership of a land plot from agricultural land has the right to allocate a land plot on account of their land share or their land shares.

A land plot is formed by allocating a land share or land shares on the basis of a decision of the general meeting of participants in shared ownership and a project for surveying the land plot or land plots.

The land surveying project for a land plot or land plots is prepared by a cadastral engineer and approved by a decision of the general meeting of participants in shared ownership. Simultaneously with the decision of the general meeting of participants in shared ownership to approve the land surveying project, a decision must be made to approve the list of owners of the formed land plots and the size of their shares in the right of common ownership of the formed land plots.

The document that completes the formation of a land plot is boundary plan, prepared as a result of cadastral work in connection with the formation of land plots by allocating a share (shares) in the right of common ownership of a land plot. The boundary plan is the basis for cadastral registration of newly formed land plots.

The main stages of allocating a share from land in common shared ownership

1. Acceptance of applications and title documents from the customer.

2. Conclusion of an agreement for the implementation of cadastral works, payment of an advance by the customer.

3. Carrying out preparatory work, requesting information to the cadastral registration authority, requesting information from the Unified State Register - up to 10 days.

4. Preparation of a land surveying project - 14-30 days.

5. Approval of the land surveying project at the general meeting of participants in shared ownership - 40 days from the date of publication of the announcement of the meeting.

6. Carrying out geodetic work - geodetic survey of the allocated land plot - 14-30 days.

7. Office processing of field work materials - preparation of a boundary plan - 1 week.

8. Coordination of the boundaries of a land plot with adjacent land users (in some cases, coordination of the boundaries of a land plot must be carried out through the publication of an announcement in the media determined by the constituent entity of the Russian Federation - “Tyumen Region Today”, “Red Banner”, Tyumen Courier”) - up to 1 month.

9. Support of the procedure for entering information about a land plot into the state real estate cadastre - 1 month.

Necessary documents for allocating a share

The desire to become the owner of the land pushes the members of the dacha partnership to make an allotment in kind. While the general right to use the plot is in force, the co-owners cannot dispose of their part. But after allotment in kind, a lot of advantages appear: sale, lease, pledge, bequest or donation of land to third parties.

How can you allocate a share in kind of a land plot? After reading the material in our article, you will learn about the main steps and documents. Below you can view the case law.

How is a section different from a section?

Before you begin isolating a share, you need to decide on the nature of the procedure. There is a distinction between “allocation” of a share and “division” of the land area into several “segments”.

Allocation of land in kind– separation of one part from the common shared ownership of land. The territory remaining after the allocation will belong to the co-owners, and the newly formed plot will become the personal property of the summer resident (Article 11.5 of the Land Code of the Russian Federation).

Section of the plot– complete termination of common shared ownership of the land plot: the status of “shareholder” will be replaced by the status of “owner”. The territory will be divided between all co-owners into equal independent plots. Each new plot is assigned a cadastral number, and the information is entered into the state real estate register (Article 11.4 of the Land Code of the Russian Federation).

Let us note that the division of a land plot requires serious financial costs for land management work. Therefore, the allocation of a share from the common property of a dacha association is more often used.

Why is land allocation needed?

Subconsciously, deep down, any citizen wants to own and manage his land plot. The gardening partnership limits this right, but the allocation of a share in kind allows you to become a full owner of the land.

Reasons for allocating shares in kind:

Sale

Let's imagine that a citizen received an inheritance in the form of a share in the common ownership of land. But he doesn’t want to use the land, but he really needs money. Consequently, the heir can separate his share from the common property (and/or receive compensation), and then find a buyer and sell him the separate plot.

Donation

The desire to transfer a plot of land to one’s relatives runs into a serious problem - the common shared ownership of the cooperative. The procedure for allocating a share in kind makes it possible to acquire property rights to a real estate property (read: land plot). Subsequently, the plot can be gifted to a close relative.

Construction

Before making an extension to the house, you need to obtain the consent of the remaining shareholders. Allocating your share in kind will eliminate the need to consult with members of the partnership (cooperative). If everything is done correctly, the summer resident will receive land for individual housing construction and will be able to start construction.

Thus, the main motives are sale, donation, construction and other ways to dispose of your property. Here we can add reluctance to use the partnership’s land due to conflicts with neighbors.

If you want to transfer ownership of a municipal plot, we recommend that you read the instructions in the article ““.

Conditions

The legislation defines the following conditions for allocating a share in kind of land plots:

the newly formed site must have free passage and access for vehicles;
the boundaries of the land plot should not wedge into the territory of the garden/dacha community;
the size of the plot should not be less than the “minimum wage” according to regional standards, and if this is not possible, the owner of the part must receive monetary compensation (clause 4 of Article 252 of the Civil Code of the Russian Federation);
the presence of land surveying with the establishment of exact boundaries of the site;
compliance with border crossings of neighbors.

The new owner has the right to dispose only of his land plot. The territory of the partnership is now “closed” to him.

Minimum size of land plot to allocate a share in kind

Regional standards establish the minimum areas that can be allocated as independent plots of land.

Minimum value:

plots for gardening and horticulture - 4 acres;
land for the needs of individual housing construction - 6 acres;
for the needs of private household plots – 10 acres;
for peasant (farm) farming - 15 acres.

How is it really?

It is very difficult to allocate a share in kind if it does not reach the minimum size or violates the integrity of the area. Often they resort to an alternative method - the separated owner receives monetary compensation. Immediately after its payment, the share remains in the common shared ownership of the partnership. The shares of all co-owners increase.

How to allocate a land plot in kind from common shared ownership

Today you can find two ways to allocate land in kind:

agreement with other shareholders- by agreement of summer residents;
judicial procedure– in the absence of consent or lack of documents.

Let's start with a review of the allocation of a share in kind by agreement of the parties - this method is suitable if all shareholders agree.

Allocation procedure by agreement

A written agreement is, although not popular, the most effective way to allocate land in kind from common property. Summer residents will have to carry out land surveying, draw up new cadastral documents and register their property rights with entry into Rosreestr.

Algorithm of actions

The voluntary method consists of the following stages:

Step No. 1 – Application addressed to the chairman of the partnership, convening a general meeting of co-owners.

Step No. 3 – Carrying out land management work at the request of the allocated summer resident.

Step No. 4 – Second meeting of co-owners, cadastral engineer and neighbors of the plots.

Step No. 5 – Drawing up a land survey.

Step No. 6 – Transfer of documents to the Rosreestr branch.

Step No. 7 – Receive an extract from the Unified State Register of Real Estate with cadastral data for the new plot.

Step No. 8 – Collecting documents for registering property rights.

Step No. 9 – Submitting an application to the Rosreestr authority, waiting for a response.

Step No. 10 – Registration in the real estate register with the issuance of an extract from the Unified State Register to the applicant.

Sample agreement on the allocation of a share in kind

The members of the partnership must come to a common opinion. The agreement is concluded only on a voluntary basis if the co-owners do not have any claims against each other.

document's name;
Full names of co-owners, details of their passports, telephone numbers and other contact information;
location and cadastral number of the land area;
category of land plot - must be subject to division or allocation into parts without damaging the entire land;
information about title documents for land;
information about the title document - Certificate of ownership or a new sample extract from the Unified State Register of Real Estate;
data on the initial size of the plot, as well as the size of the allocated part to one or more shareholders;
data on monetary compensation (if any);
confirmation that the parties have reached a common agreement;
signatures of participants (with transcript).

It is not necessary to visit a notary; co-owners can do without going to the office. The seal of the chairman, as well as the personal signatures of the members of the partnership, are sufficient.

Registration documents

Registration actions are carried out in the Rosreestr department at the location of the land plot. In order not to stand in line, a summer resident can submit documents through the “My Documents” branch of the MFC.

Along with the agreement on the allocation of a share in kind, the applicant provides documentation the following content:

Russian passport;
notarized power of attorney – if his representative acts on behalf of the applicant;
an extract from the Unified State Register of Real Estate with cadastral data for the plot;
completed application;
official minutes of the general meeting + agreement (see above);
certificate of ownership of a share in the common land plot (starting from 2016 - they are replaced by an extract from the Unified State Register of Real Estate of a single sample);
act of land surveying.

An employee of Rosreestr or MFC accepts a package of documents within 5-10 minutes. The applicant will receive an admission certificate back. The employee will inform you when and at what time you can come to pick up the finished document (extract from the Unified State Register of Real Estate).

The procedure for allocation through the court

Defending the right to allocate a share from the common property of a partnership is not an easy procedure. Often, co-owners simply cannot come to a compromise, which means the issue will have to be resolved in the courtroom.

Situations when Allocation of shares requires judicial intervention:

lack of documents for the right to own shares in the property of the partnership (cooperative);
incorrect indication of the share size;
the reluctance of the other co-owners to meet the applicant halfway;
problems with registering changes in the Rosreestr body.

It is believed that the above reasons are sufficient. However, the plaintiff may have other reasons to go to court.

Step-by-step instruction

We offer step by step procedure to protect your rights regarding the allocation of a share from the common ownership of land:

Determining the cause.
An attempt to come to an agreement with the other summer residents in partnership - oral negotiations, letters, claims.
Filing a claim for the allocation of a share of a land plot in kind and/or for receiving compensation.
Transfer of a package of documents to the district court.
Invitation to preliminary court hearings.
Appointment of a primary or repeated land management examination.
Conducting major court hearings.
Issuance of a resolution on the allocation of a share in kind.
Transferring to the plaintiff a copy of the writ of execution.
Registration of a new property right with the Rosreestr authority.

It is advisable to defend your interests together with a lawyer. A specialist will help collect evidence, draw up a statement of claim and convince the court that you are right. It is worth getting a free consultation first. You can do this directly on our website through the feedback form.

Statement of claim (sample)

An appeal to the court takes the form of a statement of claim indicating the details of the controversial situation.

The form of the claim for the allocation of a share in kind is simple, written.

The addressee is the district or city judicial authority. You should first find out the schedule for receiving applications so that you have time to collect documents.

information about the addressee - name and details of the judicial authority;
information about the applicant-dacha resident - full name, passport details, contacts;
information about the defendants - full names of co-owners, their contact information;
a detailed description of the current situation;
data on the impossibility of resolving the issue at the pre-trial stage;
information about the land plot, on what basis it was obtained by the parties;
indicate the right to allocate a share from the common property/receive proportionate compensation;
references to legal provisions;
the plaintiff’s demand is laconic, succinct, fair;
list of application documents;
date and signature.

Required documents

Simultaneously with the claim for the allocation of a share, the applicant submits documentation to consider the case on the merits:

copy of the passport;
a copy of the minutes of the meeting of co-owners of the land area;
certificate or extract from the Unified State Register of Rights to the share;
copies of appeals, claims, letters and other attempts to resolve the issue peacefully;
a copy of an extract from the Unified State Register of Real Estate with cadastral data for the plot;
calculation of compensation (if required);
receipt of payment of state duty.

The plaintiff can act through a representative - you will need a notarized power of attorney + a copy of the proxy’s passport.

Deadlines

The trial process takes from a couple of months to six months.

In addition to court hearings, the court may order land surveying work, which usually lasts from 30 days to two months. The final decision is made after a comprehensive analysis of the current situation.

Cost, expenses

The main expense item is payment for land management work. Moreover, if they are appointed by the court, the amount will be much higher. For comparison: calling a cadastral engineer to take measurements yourself costs 20-30 thousand rubles; land management work at the request of the court - from 40 to 50 thousand rubles for surveying one plot of land.

At the same time, the plaintiff pays a state fee for filing a claim of a property nature, subject to assessment. The amount is calculated based on the value of the share in the common property - from 400 rubles to 60,000 rubles (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation).

The advantage is that the plaintiff has the right to recover legal costs from the losing party. Of course, if the case is completely won.

Arbitrage practice

The final decision of the court depends on the circumstances of the current situation.

One of three options is allowed court decision:

full satisfaction of the claim for the allocation of a share of the land plot in the common property of the shareholders;
appoint an additional examination with the involvement of a cadastral engineer;
replace the allocation of shares with compensation in monetary terms.

It is important to understand that violations of the judicial procedure may lead to the refusal to consider the claim.

It is unacceptable to allocate a share of land in kind, If:

There are risks of causing damage to the common land plot.
The possible allocation will reduce the value of the land plot.
The territory will lose its status after the allocation of the share (for example, it will become unsuitable for agricultural cultivation).
Threat of violation of the rights of third parties (neighbors).
The official ban on allocating shares from common property is related to the intended purpose of the land.

Example:

The Kirovsky District Court of Tolyatti, Samara Region, considered a case on the allocation of a share of a land plot in kind.

The applicant-plaintiff was a member of the partnership, Boyko, and the defendants were Ivanov, Kurin, and Khoroshilov.

Boyko wanted to allocate ¼ share of the land plot on the basis of Art. 11.5 of the Land Code of the Russian Federation, due to the fact that I wanted to rent out the site. The defendants were against the allocation of the share because they believed that such an action would violate the integrity of the land plot. They did not want Boyko to cut off the best piece of land for himself, which would cause the value of the partnership’s land to plummet.

After hearing the opinions of the parties, the court ordered a land survey of the area. After some time, the results came. The judges were convinced that the allocation of a ¼ share in kind would lead to a serious drop in the price of the plot. Consequently, the defendants will suffer primarily from such a division, since they will continue to use the partnership site on an equal basis.