What is the common share ownership of the land
What is the common share ownership of the land
Real estate, which is in the shareproperty belongs to two or more persons. This also applies to land plots, while the number of owners-equity owners of some plots may sometimes be hundreds. Most often these are sites belonging to the category of agricultural land, which are purposefully allocated to shared ownership of state and collective farm workers after their disbandment.
The common-law property of agricultural land
After the kolkhozes and sovkhozes that existedduring the Soviet era, were disbanded, at the end of the 1980s their land occupied by agricultural land was decided to be transferred to the ownership of former collective farmers. Since these plots have been intensively used before, in those days it was not worthwhile to divide them - for some time the reorganized agricultural enterprises worked in the previous regime. After cheap products from Europe began to be exported to Russia, domestic agriculture became unprofitable and land plots shared by common ownership gradually came to desolation. After the time when the construction boom began, these lands located in ecologically clean and picturesque places, attracted the attention of investors and developers who began to buy them for the construction of cottage settlements and individual houses. In this case, the site could be bought out from the co-investors in full or in part, with the allocation of shares of individual owners. each of the owners of this large plot has the right to appeal to the shareholders' meeting with a request to allocate its share - a land share, this right is stipulated in art.252, paragraph 2 of the Civil Code of the Russian Federation. A stakeholder wishing to exercise his right is not obliged to report to the others, for what purposes he will use his allocation. However, in order to prevent farmless squandering of farmland, recent changes in a number of regulatory acts of the subjects of the Russian Federation provide for a restriction on the sale of these shares to third parties. But the equity holder can, if he does not intend to use his share himself, to lease the land.How to issue an allotment of land from a common shared property
The decision of the shareholders' meeting is determined by the plana place where you can allocate land. The land plot, allocated to a shareholder in the form of a unit, is to be determined on the ground - to take it out to nature. To this end, the cadastral engineer will carry out land surveying and make a land survey plan, on the basis of which the site will be subsequently registered with a new cadastral number in the Unified State Register of Rights to Real Estate and Transactions (EGRP). In local media there is an announcement that the interest-holder wants to allocate his share and appoint the date of the general meeting of land owners. The draft boundary plan must be approved by the meeting, and the decision on this is included in the Protocol. The meeting also signs the act of coordinating the boundaries of the newly formed land. Based on the Protocol, the Resolution of the Administration of the Municipal Formation is prepared, within the boundaries of which the land plot is located. The certificate of ownership of the allocated land shareholder will receive in the territorial authority of Rosreestr.
