The need for section of the site may arise for various reasons. Most often, the desire of owners to abandon the form of shared ownership of land comes first. As a result of the separation process, the existing site loses the form of real estate, and other property objects are formed on its basis. At the same time, the legal procedure for processing a transaction has its own nuances. In particular, the division of the land provides for the participation in the process of all owners, without whose consent it is impossible to complete the operation, except in court.
The main stages of the section
First of all, a draft section of the site is drawn up, in accordance with which land surveying will be carried out. At this stage, it is important to take a responsible approach to the selection of a cadastral engineer who will develop a boundary plan, prepare technical documentation or provide an inspection certificate. The actual division of the land plot and, accordingly, its physical characteristics depend on how the project for the cadastre is drawn up. When the documents on the survey plan are completed, you can send them to the local urban authority for registration of cadastral registration. From this moment, data on the new site will be recorded with their entry in the cadastre. In this case, the changes made will be temporary in nature until the owner does the state registration.
After registration, the owner of the newly formed plots must receive a certificate with registration of ownership. Otherwise, after 5 years, the data entered in the cadastral registration are canceled. Transactions with shared ownership also suggest that the final decision on the division of the land may be made by a court. In this case, obtaining consent from all property owners is not required. However, the outcome of the general decision will be a partition agreement.
What areas can be divided?
Not every land plot allows you to perform a section. Restrictions can be based on the form of ownership of the object, and on the intended purpose. For example, an operation is possible only under the condition that each newly formed part as a result of division does not change the original purpose. That is, if a section of a land plot intended for agricultural needs is planned, then the territories allotted from it can be registered in the same status.
Also, a land surveying plan may be rejected if the area obtained during the separation process is less than the minimum allowable size. These parameters may be different depending on the purpose of the land. So, for plots that are designed for subsidiary plots, size indicators are set by local authorities. Then they are fixed in the form of legal acts. If such acts are not provided for, then initially one can inquire about the legality of land surveying within certain boundaries in the rules of land use and development. The design documentation prepared by the engineers during the formation of the former boundaries of the facility will also help to understand the issue. In addition, the decision to divide the land may be negative if the design procedure in a particular case is contrary to law. This happens if there are legal restrictions on the division of the site.
Package of documents for the section procedure
Even before concluding a contract with a cadastral engineer, it is necessary to write an application for the section and notarize it. Also, for the subsequent agreement and registration, a document proving the identity of the owner of the site will be required. Together with him, a certificate of land ownership should be prepared. If the division of the land is carried out by shared owners, then certificates of consent of other owners will also be required. Trustees on behalf of the owners can also participate in the procedure. Accordingly, a document in the form of a power of attorney is required. In addition, the package should include a resolution that was issued by the local administration regarding the assignment of the site address.
When all the documents for the section and references are collected, land management activities can begin. Allocation of a part of the territory indicating specific physical parameters should be carried out in the presence of all owners. However, when dividing the land by court decision, the agreement of the owners of shares is not required. One way or another, the direct isolation of individual sections from a common territory should be approached with utmost responsibility. In advance, you should specify the nuances of the procedure with the engineer. It is necessary to draw up an agreement with him, in which his responsibility for errors that may be made in the project will also be indicated.
Land surveying and the real division of the land
To perform the process of land surveying, you can contact both a private specialist and employees of specialized organizations. The main thing is that in both cases a license for land management or a document confirming membership in the corresponding SRO is provided. As already noted, the division of the land without a court decision in accordance with the established boundaries should be carried out in the presence of all owners. Moreover, it will not be out of place if the owners of adjacent sites also join the event, which will allow eliminating the risk of claims from them in the future.
In the process, land surveyors mark the current boundaries of the land and the lines along which a further section will be made. New boundaries are fixed by boundary signs, after which the area of the plots is determined. So the division of the land in kind is carried out directly at the site of the customer surveying. In accordance with the new data, specialists draw up drawings and form a boundary survey. This document, among other things, includes the act of coordinating and establishing the boundaries of the site, its parameters and a statement on calculating the area. The act of coordinating the parameters of the site in the future should be approved by the committee on local land management or land management.
Land Division Agreement
It has already been noted more than once that the legalization of a section with its final fixing in local authorities can be carried out either by a court decision or on the basis of an agreement of the owners. The most common reason for the operation is precisely the agreement, which is drawn up in the approved form, after which the document is signed by all property owners. Again, the agreement under which the division of shared ownership of the land will be carried out must be certified by a notary, as well as a statement. The document must indicate all cadastral information about the land, including the number, address and information about the owners.
The most important thing in the agreement is the permission on the part of the owners of the site to carry out its section in the form described. That is, it should be indicated how the separation will be made. For example, shares can be allocated proportionally in accordance with the right of common ownership or according to specific parameters. Of course, there are times when one or more owners disagree with the draft section proposed by the third owner of the site. Only the court will help to complete the procedure begun in this situation, since the agreement on the division of the land without the signatures of all owners cannot act as a document on the basis of which the allocation of new parts of the territory should be made.
The section initiator is required to file a corresponding application with the court at the site location. Depending on the value of the object, the jurisdiction of the case is also determined. So, if we are talking about real estate at a price of up to 50 thousand rubles, then the lawsuit is sent to the justice of the peace. If the case concerns a more expensive plot, then it should be considered by the district court.
Assigning Addresses to New Real Estate
To obtain an address for a new site, you should write and send a corresponding application to the city planning and architecture body, which operates within the framework of a specific municipal formation. The application must be accompanied by a cadastral passport, a certificate of ownership of the property, as well as a partition agreement. If the section with the changed land was carried out by a court decision, then the corresponding act should be provided.
An application and a package of documents can be submitted in person or through a representative. In addition, electronic services have been actively distributed recently, so you can send documents via the Internet, if there is such an option. For example, electronic services operate through the Unified Municipal Services Portal. In any case, the section with the changed land plot and assignment of an address to it must be finalized after 18 working days.
Registration of plots for cadastral registration
This is one of the most crucial steps in the legal registration of a section. In order to put new educated plots on cadastral registration, you should contact the local Rosreestr subdivision. Before this, you need to compile a package that includes the following documents:
- Application for registration of a new property.
- Land survey, in accordance with which the division of a shared land plot was carried out by judicial decision or by agreement of the owners.
- ID document.
- The decision to assign an address.
It is worth noting that in order to save time, many owners begin the procedure of registration with the cadastral register even before the site has been assigned an address. This practice is successfully carried out, but instead of deciding on fixing the address, it is necessary to provide information about the address of the object in its original form together with a package of documents. In this case, the newly formed real estate will receive an address after completion of cadastral registration. Usually registration in the cadastre is carried out within 10 days. As a result, the division of the shared land will be finalized with the issuance of a new cadastral passport to the owner.
Land ownership registration
For registration, it is necessary to submit documents to the Rosreestr, including: an identity card, an application for registration of ownership and a decision on which a section of the site was made. Again, you can send documents in different ways - through the electronic portal, in person, through mail or with the help of proxies. It should also be taken into account that the registration is executed with the payment of a state fee, the amount of which is about 2000 rubles. Payment should be made in advance, as the relevant certificate must be attached to the package with the documents for registration of ownership. A state certificate that confirms the division of shares of a land plot may be a registration certificate or an extract from the Unified Register. It is important to note that the certificate of ownership is issued in the form of a document only on the form of Rosreestr. It should contain data with an account number, as well as have watermarks.
State registration is carried out simultaneously in relation to all sites that were allocated as a result of land surveying. If there was a division of the boundaries of the land, which initially had no registration, then this nuance cannot be an obstacle to paperwork for new shares.
Section of a house with a plot
The division of real estate in the form of home ownership with the site involves its own nuances of the procedure. Of course, there can be no talk about the physical section of the building - it is legally divided into shares. However, after the completion of the procedure, the house will no longer be considered as a single property. Registration of ownership rights for a share formed after the division is carried out in the same way as in the procedure for registering a site. But if in the second case, before this, a division of the boundaries of the land plot with fixed markup by physical parameters is performed, then the options for conditional allocation of parts of the house are determined by special expertise. It is important to consider that each newly formed share of the building must have isolation, as well as a separate entrance. In addition, it can provide its own natural light and heating system for each part of the house.
In the process of technical examination, specialists take into account sanitary and hygienic standards for the home. For example, parts must be provided with a sewer system, water supply and ventilation. Usually the section of the house and the land is carried out in stages. Indeed, in each case, its own set of procedural measures is provided. One way or another, the design of the division of the land is greatly simplified. The main chores for the owner are at the stage of final registration. In the case of the house, on the contrary, the most time-consuming part involves the implementation of technical examinations, on the basis of which a draft of the further section is developed.
Conclusion
It would seem that dividing a single land into several shares does not present any difficulties. It is enough to take a special tool and, based on the desired parameters, perform a land surveying operation. But all lands that are privately owned and in state ownership are registered in accordance with established forms. Therefore, any changes in the characteristics of the plots should be recorded in the cadastre, and then reflected in the documents confirming the ownership of the property. It is noteworthy that the division of the land between the owners at the time of re-registration does remove the status of real estate from this property. Plots that existed up to this point cease to exist legally, but in their place new shares are formed that have a full property status.
There are other nuances associated with difficulties in the process of division of land. They relate to the designation of territories. Often, inexperienced in legal issues, owners decide on the division of the site, wanting to reconsider the nature of its operation. For example, from the agricultural territory of a large area, according to the intentions of the owners, several small shares for the construction needs should be formed. However, the draft of such a section will not be approved, since in the process of registration the plots will have to receive a new form of intended use. At the same time, the transfer of land from one use status to another and in itself represents a separate legal procedure that cannot be performed as part of an operation for the division.