A parcel of land is recognized as part of the surface of the earth with boundaries defined in accordance with applicable law. There are two ways to form a land plot:
• Formation of a land plot from free (unused) lands, which at the time of allocation are owned by the municipal or state.
• Section, association, redistribution of land plots, as well as the allocation of land plots that were previously owned by individuals (legal entities).
Regardless of the method of formation of the new land, it is necessary to carry out this operation in strict accordance with land legislation. What stages does the formation of a land plot include when combining two (or more than two) previously existing land plots? Who has the right to carry out such an operation with the land? What documents will be required in order to complete the legal unification of land plots?
General requirements
The procedure for combining land plots is understood as the totality of cadastral works, the result of which will be the receipt by the owner of the cadastral passport (extract) of the newly formed land plot. Only land plots whose boundaries were officially fixed in accordance with the Order of the Ministry of Economic Development of the Russian Federation dated 08/17/2012 are subject to consolidation. If at least one of the plots does not comply with these standards, it will be necessary to clarify the area and boundaries of the owner’s land before starting the merger procedure.
The land legislation establishes the general requirements for the union of land plots (section). Plots must meet the following requirements:
• Land at the time of association on the right of ownership to one owner or in shared ownership by two or more owners (subject to the official consent of all owners).
• Located within the same municipality.
• Have the same target value and belong to the same land category.
• Have a common border, that is, they are adjacent.
Is it possible to combine land plots that do not belong to the right of ownership?
Most often, a similar question may arise if it is a question of combining land plots allotted to one person on the right:
• Unlimited permanent use.
• Free urgent use.
• Lifetime inheritance.
The unification of such plots by law is permitted provided that all land plots subject to unification are provided to one person and under the same conditions, for example, on the right of unlimited permanent use. At the same time, the person using the plots has the right of permanent (unlimited) use of the formed plots without changing the conditions and conducting additional auctions or tenders (Clause 4, Article 11.8 of the RF Labor Code).
Encumbered plots
Are land plots allowed by law if one of the plots has any encumbrance? If a piece of land is, for example, pledged or leased, it will be additionally required to obtain consent for the procedure from the pledge holder (tenant, land user). It should also be noted that when combining plots, one of which is pledged, the right to pledge will be extended to the entire newly formed land plot, unless otherwise provided by agreement with the pledge holder.
Stages of merging plots
How to register a land formed by combining two (several) land plots? How to start the unification of land? Land law determines the following procedure for the preparation and registration of a land plot formed with the help of the association:
• Obtaining the consent of all owners to whom the land plots belong (which is not required if all plots belong to the same owner).
• Appeal to the land (cadastral) engineer, with the conclusion of an agreement on engineering and technical work and the formation of documentation.
• Obtaining a cadastral passport to the site , registration of the combined newly formed land in the state registration chamber.
Consent of the owners of the merged plots
In accordance with the provisions of paragraph 5 of Art. 11.2 ZKRF, if it is planned to implement a combination of land plots according to documents belonging to several persons at the same time or a combination of land plots belonging to different owners, the basis for starting this procedure is always a written consent from each owner of the plots. The written consent is drawn up in the form, with the obligatory attachment of an extract from the Rosreestr and a copy of the passport (identity document). The form (below see the sample) of the association of land plots is filled out by each interested person individually and is confirmed by signature.
Important! The consent of all owners, tenants, land users or pledge holders is not required if the combined plot is formed by force on the basis of a court decision.
As a result, there is a union of land owners who own a newly formed land on the basis of shared ownership. The size of the share of each owner is determined when registering the right to the combined plot and is indicated in the certificate of land.
Defining the boundaries of the future site: whom to contact?
The combination of land for a start requires the determination and coordination of the boundaries of the newly formed land. Only cadastral engineers who have passed vocational training and are required to have a license for this type of work have the right to carry out a land survey.
Cadastral (land, land surveying) engineers act as specialists acting under an agreement with the customer (owner of the site) and are not government employees. The cost of the services for the formation of the boundary case is set by the cadastral engineer himself, depending on the anticipated amount of work. The unified all-Russian register of these specialists is publicly available on the Rosreestr website.
Cadastral Engineer Functions
After selecting a specialist, the owner is required to conclude an agreement with the land engineer and provide him with documents for all plots of land that are planned to be merged into a single territory for research. The task of the cadastral engineer includes:
• Study and analysis of documentation for land to be merged.
• Departure to the territory of land plots and conducting measurements to determine the area of land and the exact location of the borders.
• Coordination of the actual boundaries of the land with the owners of neighboring territories and, if necessary, with the local administration.
• Preparation and preparation of documents based on geodetic actions.
Boundary plan
The result of the work of the cadastral engineer should be a package of documents for the official registration of the newly formed site in the territorial department of the cadastral registration authorities.
• Technical plan of the site.
• Land survey plan. The document is an actual drawing of the land plot, a scheme for combining plots with applications. In addition, information about the specialist who carried out the work on the definition of boundaries and the formation of the boundary plan must be indicated, including the boundary plan is certified by the signature (digital signature) of the land engineer who made the document.
Inspection Act.
• If inconsistencies and contentious issues are identified, in addition to the appendix to the survey plan, a conclusion of the cadastral (land) engineer is drawn up. This document should contain detailed information about all violations or inconsistencies found during the study of documentation for sites and work on the ground, as well as recommendations of a specialist to eliminate them.
Registration of the site formed by combining
The procedure for registration, as well as registration of a newly formed land plot is determined by the Federal Law "On the State Real Estate Cadastre" dated July 24, 2007 No. 221-FZ (Article 24) (hereinafter - the Federal Law).
The final stage of the merger procedure is an appeal to the cadastral chamber at the place of territorial affiliation of the site with the application for combining the available land in a single territory and issuing a cadastral passport to the new land. The application should be accompanied by all available documentation for the areas to be merged and land surveying (a detailed list of documents in Article 22 of the Federal Law). As a result of the consideration of the package of documents, the owner (s) of the new site receive a cadastral passport.
At the same time, the newly formed plot is put on temporary registration in the state cadastre of real estate. The owner is given a period of up to 5 years from the moment of registration for registration of ownership of the newly formed plot (exception - registration of lease rights, the period is 1 year). During this period, you should contact the territorial registration chamber with the following documents:
• Cadastral passport for the formed plot of land and cadastral passports of the combined plots.
• Decision to combine land plots.
• Documentation of sites to be merged.
After the expiration of the consideration of the package of documents, the ownership of the land formed through the union is registered, an individual number is assigned to the land plot. The owner (lessee) is issued a registration certificate. At the same time, the plots through which the registered plot of land was formed cease to exist legally, certificates for them are canceled.
If the deadlines have passed, and the owner (tenant) has not applied within the established deadlines for registration of ownership, all information about the newly formed plot is excluded from the cadastral register, and the results of the merger are canceled. Documents provided by the owner of the plots for cadastral registration are returned to the submitter under signature within one year. However, provided that no documents were requested during this period, they are destroyed.