What is a land share - concept, methods of transfer and registration of ownership


What is a share of land? How much is it?

What is one hundred square meters of land, how many acres are in a hectare, what is a land share and what kind of business can be organized on one hundred square meters, one hectare of land and how can you make money on one land share? This question constantly arises for any person, especially in the spring, when everyone is looking forward to the arrival of warm days and the first greenery after frosty days.

One hundred square meters is a plot of land measuring 100 (one hundred) square meters. The size of the plot may be 100 meters by one meter, 10 meters by 10, but the area of ​​this plot is 100 square meters. Two hundred square meters is a plot whose area is already 200 square meters. Suburban plots that are used as summer cottages have an area of ​​4–6 acres, which is 400–600 square meters, respectively. Plots for the construction of private residential buildings have an average area of ​​about 20 acres - this is equal to an area of ​​2000 (two thousand) square meters and, for comparison, the size of a plot of 20 acres is 40 meters by 50 meters.

  • within 3 years the owner does not use it for its intended purpose, does not lease it or otherwise dispose of it. The exception is cases when ownership is registered in accordance with Federal Law No. 218 of July 13, 2015;
  • there is no information about the owner of the land in the decisions on privatization;
  • the deceased owner has no heirs or they are considered unworthy because they did not accept or refused the inheritance.

1. When selling a plot of land from agricultural lands, a constituent entity of the Russian Federation or in cases established by the law of a constituent entity of the Russian Federation, a municipal entity has a pre-emptive right to purchase such a plot of land at the price for which it is sold, with the exception of cases of sale at public auction and cases of seizure land plot for state or municipal needs.

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The name “weaving” is colloquial (from the word “hundred”) and has its own definition in the metric system of measurement - Ar. Aroma is 100 m 2. Most often, this unit of measurement is used to measure small areas, for example, a summer cottage or a personal plot, which is very convenient due to their small area. The average summer resident will not make forecasts and calculate the planned yield, so he does not need to know the exact area of ​​his plot. You can make an approximate calculation by measuring the opposite sides of the site in steps. 10 meters includes approximately 12-13 steps for a person of average height.

09 Dec 2021 yuristfive 134

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What is a hectare of land

You know, 1 hectare - how much is in m² and how many hundred square meters in one hectare. To make reverse calculations - convert the area of ​​a plot from a hectare to hundreds and square meters, you also need to solve a simple example. There are 100 acres in one hectare, therefore, to convert a hectare into acreage, you need to multiply the area of ​​the plot in hectares by 100. In one hectare there are 10 thousand m², which means that the field To calculate the area of ​​a plot of land in m², you need to multiply its area in hectares by 10,000.

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Hectares are used to designate the area of ​​large plots, mainly for agricultural purposes. Currently, in Russia, this unit of area measurement has been introduced as an out-of-system unit without limiting the period of use in the areas of application “agriculture and forestry”. MO3M - International Organization for Legal Metrology - in its recommendations refers to the hectare as a unit of measurement "which may be provisionally applied until the date established certain national regulations, but which should not be introduced if they are not used.”

Land share

  • The Land Code of the Russian Federation contains general recommendations on the ownership, use and disposal of land plots.
  • Federal Law No. 101 “On the turnover of agricultural land” regulates the procedure for transferring a share in land and disposing of it at the discretion of the owner. The act was issued in 2002.
  • Federal Law No. 218 “On State Registration of Real Estate” establishes the procedure for assigning a cadastral number and recording plots in Rosreestr. Adopted in 2015.
  • Federal Law No. 251 of 2015 obligated everyone who owns shared lands to register with the Unified State Register. This had to be done before the beginning of 2021. According to the document, objects not included in Rosreestr become municipal. After this, the local administration manages them independently.
  • Federal Law No. 221 “On the State Cadastre” - the procedure for resolving issues in local Cadastral services. Released in 221.
  • Federal Law No. 218 regulates property transactions and state registration of real estate, dated 2015.

This concept is often used by residents of rural areas, because... in fact, the terminology is a “relic” of the collective economy, which appeared after the revolution, during Soviet times. Then the land was taken from the private property of wealthy peasants and landowners, after which it was transferred to common property and conditionally divided among the residents of villages and hamlets.

If the seller decides to adjust the price by giving the buyer a discount, it is necessary to re-approval with the municipality (administration). You can continue processing the paperwork only if you obtain permission again and refuse to buy from the official authorities.

Do not underestimate the importance of land shares, even if the current owner of the share is not directly related to the enterprise engaged in the cultivation of all territories included in the common property. The share can be sold, rented, with the receipt of the corresponding income agreed upon between the parties to the transaction.

Without allocating a land plot on account of the land share, such a participant in shared ownership, at his own discretion, has the right to bequeath his land share, renounce the right of ownership of the land share, contribute it to the authorized (share) capital of an agricultural organization using the land plot that is in shared ownership, or transfer your land share into trust management or sell or donate it to another participant in shared ownership, as well as an agricultural organization or a citizen - a member of a peasant (farm) enterprise using a land plot that is in shared ownership . A participant in shared ownership has the right to dispose of the land share at his own discretion in a different way only after the allocation of a land plot against the land share.

  • Step 1. Submitting an advertisement in the newspaper about your intention to allocate a share.
  • Step 2. After 30 days from the date of filing the announcement, hold a meeting of shareholders, and the decision made must be recorded in the minutes.
  • Step 3. Concluding an agreement on land surveying.
  • Step 4. Submit survey results to the Land Committee for verification.
  • Step 5. Submitting an application to Companies House and obtaining a certificate of ownership.

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Registration procedure

The initial receipt of a share requires a decision of the land commission as part of the board of the agricultural enterprise.

The actual allocation of a share is followed by the preparation of title documentation:

  • evidence;
  • cadastral and technical passport.

The period for land registration is 1-2 months and can be extended if land management work is necessary.

Required documents

The certificate of ownership is issued at the territorial department of Rosreestr for a specific municipal area.

Required to provide:

  1. Minutes of the meeting of owners' meetings.
  2. Cadastral passport of the land plot.
  3. Receipt for payment of state duty.

It is possible to register a land share through an intermediary. To do this, you must obtain a notarized power of attorney.

The estimated value of a land share is necessary when making transactions with it.

How to dispose of agricultural land? Find out here.

How many acres in a piece of land

One hundred square meters is a plot of land measuring 100 (one hundred) square meters. The size of the plot may be 100 meters by one meter, 10 meters by 10, but the area of ​​this plot is 100 square meters. Two hundred square meters is a plot whose area is already 200 square meters. Suburban plots that are used as summer cottages have an area of ​​4–6 acres, which is 400–600 square meters, respectively. Plots for the construction of private residential buildings have an average area of ​​about 20 acres - this is equal to an area of ​​2000 (two thousand) square meters and, for comparison, the size of a plot of 20 acres is 40 meters by 50 meters.

If the seller decides to adjust the price by giving the buyer a discount, it is necessary to re-approval with the municipality (administration). You can continue processing the paperwork only if you obtain permission again and refuse to buy from the official authorities.

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A land lawyer and cadastral engineer will answer your video questions with free legal advice on the country real estate video channel. Video questions can be sent to the email address indicated on the country real estate website https://soslaw.ru

On January 1, 2021, Law 217 of the Federal Law on gardening and vegetable gardening by citizens comes into force, prohibiting the construction of garden houses on plots not included in territorial zones with approved urban planning regulations. This means that the construction of permanent garden residential buildings on agricultural lands will be illegal until appropriate changes are made to the rules of land use and development. Now everything depends on local governments, how quickly they can ensure the introduction and approval of these changes. In the meantime, notifications about the inadmissibility of placing an individual housing construction project or a garden house on a land plot must be issued and sent to the state construction supervision and land supervision authorities.

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One share of land is how many hectares

  • Draw up a purchase and sale agreement, transferring the share to an interested person or organization (collective farm, farming, or another shareholder).
  • Donate land. In this case, the purchase and sale agreement should not be replaced by a deed of gift, since otherwise the share will be alienated without any payment obligations on the part of the new owner. In addition, identifying a substitution leads to liability.
  • Allocate a share in the form of a specific plot, or as part of the ownership of a part of the shareholders. After the allocation of the sole share, the shareholder becomes the full owner.

A person wishing to purchase agricultural land must carefully check the seller's documents and the history of the share (how and for what it was used). Since if there was inappropriate use of it (deliberate sabotage, littering, poisoning, etc.), then the new owner may subsequently have troubles (litigation) and forced seizure of the allotment.

Good afternoon You can sell the specified land plot for any price you set. You can also indicate above when selling the cadastral register. But in any case, it is better to look soberly at the situation and the market value of land in your area. Often the cadastral value is overestimated.

New owners are required to carry out the necessary cadastral work at their own expense - when allocating a land plot to carry out the necessary transactions with it. The certificate indicates the percentage size of the share, without indicating its boundaries. Allocation Allocation of a land share begins with drawing up a plan:

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How to buy?

You can purchase a land share without carrying out the necessary work. In the contract it is enough to indicate the size of the plot, information about encumbrances (if any), and the period for transferring the land share.

The document is accompanied by a diagram of the land plot, without marking boundaries. The purchase of a share is not limited by the provisions of the law.

The main thing is to have the necessary funds and an appropriate supply on the land market.

It is beneficial for the acquirer to buy an already allocated plot with:

  • own plan;
  • designated boundaries;
  • cadastral value.

Payment options should be discussed between the parties interested in the transaction.

Here you can download a sample contract for the sale and purchase of a land share.

Land shares in Russia: what are they and how to get them

Regardless of the year in which the land share was distributed, the law gave the right to a free property and land share to everyone who wanted to leave their collective farm, including pensioners. Moreover, their differences, in accordance with clause 9 of Government Resolution No. 86, were that:

Land has long been the object of property legal relations, and in different forms. One of them is land plots transferred to the ownership of collective farm workers. Currently, they make up about 108 million hectares of land or 49% of all agricultural land in Russia. To become its owner, you need to understand what a land share is, how it can be used, how to register ownership and where to find unclaimed plots.

Price

The cost of a land share is determined based on:

  • size;
  • fertility of the site;
  • its remoteness from infrastructure facilities.

The average cost of a plot is 50-250 thousand rubles per 1 hundred square meters. The owner has the right to sell his share at any set price.

Paying tax

Registration of a land share and its transfer under transactions are subject to tax.

Its size depends on the cadastral value of the site, but cannot be less than 1 thousand rubles.

The responsibility to send out notices of payment of land tax rests with the territorial departments of the Federal Tax Service in regions and municipal areas.

Termination of a land share lease agreement can be carried out only under certain conditions. How to inherit a land share? Read here.

How to separate a land share from common shared ownership? Detailed information in this article.

Illegal transactions

Sometimes parties try to circumvent the law by executing an actual purchase and sale transaction under a gift agreement.

The main purpose of the share is to engage in agricultural activities. But often land shares become objects of investment in circumvention of the established norms of land law - for example, when land is purchased only in order to have an influence on the commercial activities of an agricultural cooperative or other enterprise.

A land share can be a profitable way to make a profit if you know how to use it, or if it is managed by someone knowledgeable in agricultural work.

The plot is valuable because it can be a source of permanent income for a citizen, peasant farm or cooperative.

How many acres in one hectare of land

Each nation had its own measures for measuring territory, which created inconveniences during foreign trade. In Russia, the first measurements were verst, mile, tithe, arshin and square fathom . In order to eliminate inconveniences, society decided to create a universal measure for measuring plots of land.

  • To find out the area of ​​the plot, you need to multiply the resulting length by the width;
  • If the figure is more than 10,000 m², then the land plot is more than 1 hectare;
  • In order to determine the exact area, the resulting figure in hectares should be divided by 10,000.

Allocation of agricultural land from common shares

Documents that need to be collected for registration and privatization of a plot:

  1. Documents that need to be collected for registration and privatization of a plot
  2. Documents confirming the right to own land;
  3. Cadastral plan;
  4. Copying a site;
  5. Cadastral passport;
  6. Positive decision of the general meeting on land surveying;
  7. A copy of the newspaper in which the advertisement was published;
  8. Receipts for payment of services;
  9. Land deed issued by the local committee;
  10. An application containing: full name, basis for receipt, information about the site.

Bodies that need to be visited to allocate land ownership:

  1. BTI - for land surveying;
  2. Local newspaper publishing house - to place an announcement about the allocation of territory;
  3. Unified State Register - for copying the site;
  4. Administration - to hold a meeting of the array participants, it will set the place, time, date of the meeting - the result should be a positive decision on the allocation of the site;
  5. Geodetic company – for carrying out geodetic work and obtaining a cadastral passport;
  6. Cadastral Chamber - all documents are submitted here to receive a certificate of ownership within a month.
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