Earth is considered the basis of various types of human activity. It houses houses, enterprises, various organizations. Each plot is someone else's property. In order to gain the right to it, you must correctly execute and conduct a transaction. The formation of land is carried out according to the standard procedure enshrined in law.
The concept
The formation of land is performed by the state cadastral service. They can be formed in various territories and have different purposes. Creation occurs in 2 ways:
- Based on the sites used (using partition, redistribution, allocation, merging).
- With the development of unexploited territories.
The site has a fixed and indicated in the documents border. Therefore, according to the law of the Russian Federation, cadastral registration is considered to be the creation of territories . Mandatory procedure is the survey of sites, allowing to determine their boundaries. After entering the data into the register, assigning a number, the plot is made into ownership. After that, he is considered an object of civil turnover.
The basics of Art. 11.2 of the Land Code of the Russian Federation
The rules for the formation of land are enshrined in Art. 11.2 of the Land Code of the Russian Federation:
- Territories are created with a division, association, redistribution or allotment.
- Territories from which plots appear using a section, association, redistribution do not exist from the moment of state registration.
- There must be a purposeful and permitted purpose of the property.
- The formation of land is possible after the written permission of land users, owners, tenants, and mortgagees. Consent is not required only in some cases: state property is transferred to unitary enterprises, a court decision, and seizure of property for state purposes.
- The formation of private property plots between several owners is carried out by their agreement. This item is not valid for today.
- The formation of the boundaries of land plots of the built-up territory is carried out by the person who has concluded an agreement on the development of the territory.
- Disputes are considered by the court.
Requirements
Cadastral formation of a land plot with a division, association, division is carried out on the basis of certain conditions:
- Availability of permission from owners and users of property.
- Setting land categories.
- Compliance with permitted sizes.
- New property should not be an obstacle to the use of buildings, structures.
Multi-circuit plot
This term has become a replacement for the concept of "single land use" with the updating of legislative norms. Multi-contour land - an area that includes several plots. These include:
- A few contours.
- Spread areas.
If we consider the practice, then multi-contour territories are, for example, a private courtyard in which a garden or utility yard is separated from the main yard by a road or river. It can also be a farm with fields and livestock infrastructure in disparate areas.
The multi-circuit plot has a cadastral number. It will be possible to execute transactions only in all parts together. It is formed in the same way as another. The main thing is that its borders be within the boundaries of one settlement.
Order and methods
Plots appear when:
- Procedures with existing territories.
- Allocated from registered territories.
- Separation from land, which is considered state property.
Land registration is carried out by the cadastral service, which contains information about all immovable objects. When various transactions occur, requests to this organization are required.
State and municipal property
State land plots are formed by decision of the authorities. The basis is considered:
- Land surveying documentation.
- The project is about flattering sites.
- The layout of the territories.
Land surveying of the land area is formed for land development, for transfer to citizens. It may also be federal areas and areas built up with residential facilities.
Agricultural land
The formation of a plot of agricultural land is performed as the allocation of its own share for:
- Sales and rental.
- Household Extensions.
- Farmstead organization.
A document on the allocation of land from common lands is compiled on the basis of a meeting of the owners of the territories. Its participants establish the location of the formed territory. If the procedure has not been completed, the owner of the share is obliged to notify all participants of the process and publish information in the media.
All participants are given a month to appeal the location of the allotted territory. If there were no protests, the site will be considered allocated. It is mastered within 3 years: sold, leased, and maintained on it.
Section under joint ownership
When a land plot is formed using the division of the territory, several small plots appear.
The owner of the original territory has the right of ownership.
The rights to land for all owners are the same if a section has occurred. Users of a shared territory who have a common ownership right equally receive the right to the land received, unless other rules are specified in the agreement.
Separation
The formation of land is carried out with the permission of the owner, if the territory is transferred to another person, tenant or user. After the section, the tenant can conclude a new lease for the objects that appear. By agreement of the parties, the contract may be the same, but some changes are made to it.
Section on land surveying is carried out by a person who has entered into an agreement for the integrated development of the division of the site. The unification of territories is possible due to their adjacent borders. After this procedure, the following changes appear:
- One section is formed.
- The owners of the original territories have the right to new ones.
- The owners of the territories that are combined will share the obtained object.
It is impossible to combine the lands transferred for unlimited use and inherited. Such operations can be performed with only one owner of all plots.
Highlighted
The difference between a section and a section is considered to be that in the last procedure the initial section ceases to exist. And the first deal involves the presence of territory, but with a change in borders. It stands out as one or several shares. The owner, who requires the allocation of a share, loses the right to a common object, but becomes the owner of the allocated part.
Redistribution
The procedure is carried out:
- For adjacent sites.
- Receive changes in areas and borders.
- With ownership rights.
- With the distribution of the rights of owners under the contract.
Special Sites
Some territories are suitable for free use by citizens who have special status. ZATO lands have a special position. They have:
- Their own authorities.
- Enterprises with radioactive substances or weapons of mass destruction, military facilities that need to comply with state secrets.
Territories in ZATO are considered federal property. Local authorities have the right to dispose of them. By agreement of local and federal authorities, lands can be transferred to residents for personal use.
Artificial
They are created on water bodies or near them with the help of soil filling, washing. They may have adjacent borders to existing ones or be isolated. The purpose of the formation of such sites is the construction of buildings and structures of various kinds.
The formation of artificial sites is based on the initiative:
- Authorities.
- Individuals.
- Legal entities.
Artificial territories are organized thanks to budgetary funds, investments of initiators, as well as using funds received from tenders at the auction. This procedure is carried out on the basis of several stages:
- Getting permission.
- Creation of planning documents.
- Perform engineering calculations and project preparation.
- Performance of work.
Artificial territories cannot be used for mining, to change the borders of the Russian Federation or territorial entities.
Cadastral work
They are performed to clarify the location of lands and their borders, as well as to prepare for documents. All these works are divided into 2 types: engineering and legal. Thanks to geodetic works, a boundary plan, technical and inspection report are being developed.
Data processing and paperwork can take up to 1 month. For this period, documentation is prepared for transfer to the cadastral register. After the work is completed, a site is formed with which the owner can perform various transactions. Thus, he has the full right to dispose of the property.