Often, in the presence of an allotment, it becomes necessary to partially implement it. For example, you need to keep half of it and sell the other half. Or just several owners decided to get their territory, and not get along on one. In all cases, a procedure will be needed, which will be discussed in the review. We will analyze how to divide one land plot into two different ones, the procedure will differ depending on the various accompanying conditions. So, the owner can be one person or two or three at once. And also the territory is sometimes encumbered. The consent of all persons who have a share, or the lack thereof, has significant weight. In one version, everything is resolved rather quickly. And sometimes it will initially be necessary to initiate a legal procedure in order for the competent authority to establish the boundaries of claims, the grounds for the rights of claim of all participants..
The result of the process will be the cancellation of the legal status of the original property. It will cease to exist, about which it will be necessary to make a corresponding entry in the registry. And also a couple of new objects will appear, each of which needs its own registration..
How to divide a piece of land in two, basic rules
The Labor Code of the Russian Federation, in accordance with Article 11.2, dictates very strict regulations for this event. The owner himself does not need permission from the competent authorities for such an initiative. But if there are differences of opinion with several equity holders, you will have to go to court. It is also worth remembering that there are a number of nuances in which the execution of the process is impossible. But more about them later.
We will attribute the following points to the main rules:
There are certain minimum values for allotments that differ depending on the purpose..
In the presence of any type of encumbrance, it is necessary to communicate directly with third parties. They are quite capable of imposing a prohibition on action. After all, if there is a financial interest, then the value of the object in any case changes. The received copies will not always lose at the aggregate price, sometimes even win. But all these aspects will have to be sorted out during the negotiations..
During the course of the event, it is unacceptable to change the purpose. For example, the division of the land of individual housing construction into two land plots. Both, until the procedure is complete, have the same purpose as before. Individual housing construction. And to remake it into a private household, as an option, is possible only when the certificate of ownership of the new allotment is already on your table.
Number of owners
This aspect is of fundamental importance. And not only because of the possibility of disputes and refusals to transfer consent. The process itself undergoes various changes. With a single owner, we have the simplest option. No additional papers, permits. Even if it means the sale of half of the allotment, initially there is a breakdown, and only then the sale and purchase transaction. It turns out that the regulations themselves remain unchanged..
But when there are already several participants, everything becomes more complicated. At the very least, it is necessary to decide who will own the new allotments. There is a way in which everyone gets ownership. Or it will be joint ownership again, well, just a couple of allotments at once. And this method is easier. But even in this case, you will need to obtain the written consent of the second participant, who is not a registrar. After all, a collegial application is still not submitted. And the decision must also be certified by a notary. It costs money, depending on the price positions of the offices in your city.
Therefore, the most difficult moment is how to divide this land plot of individual housing construction into two parts between the owners. And we will pay more attention to him than the rest.
First case, multiple owners
We’ll have to first of all address all future participants. And it’s good if they are friends or relatives. Then the trial is unlikely to be necessary. But if these are strangers, the situation becomes more complicated..
When there are no objections, we collect consent, draw up them from a notary, and then – the cadastral chamber, register and the coveted certificate. However, if there is a debate, the matter is transferred to a different jurisdiction. The initiator of the transaction has to sue. He is the plaintiff. But he cannot even in court force his opponent to take such a step. It is not yet clear what part each owns. Is it possible to divide the land plot into two, split it into components, in cases of refusal of the second owner – of course. The court will be needed to determine which territory is available to claim. And as soon as, based on the results of the verdict, this perimeter is indicated in writing, it is permissible to apply to the cadastral chamber and register without consent..
And now it doesn’t matter what the second owner says. After all, you are separating by law exclusively approved by your territory. Property to which you have constitutional rights.
And the most incomprehensible moment is when the lender becomes an opponent. And this property acted as collateral in the lending transaction. So the bank does not become the owner, but you also lose this status. For the duration of the loan, no one has the right to single-handedly dispose of the collateral. After all, he is material support. The decision can only be collegial.
The division of a land plot into parts, two independent allotments is allowed only with the voluntary consent of the creditor. If he refuses for some reason, he will have to wait until the end of the loan transaction. True, there are a couple of ways out:
Repay the loan ahead of schedule if financially available.
Refinancing. This does not mean that the encumbrance will disappear. No, the collateral will remain the material security of the transaction. But the new lender may be more loyal to your decision..
Change bail. But, this is also possible only with the permission of the bank. Although if you choose even more expensive property, an apartment, as an option, then it will not make sense for him to refuse.
Second case, one owner
There are fewer complications. They relate only to improper design or lack of opportunity for gradation. The second is a frequent case, garden farms and non-profit partnerships are suitable. You cannot break up their territory. This also applies to the acceptable minimum size. So, for individual housing construction in the same Moscow, you cannot have an allotment of less than 4 acres. And if the total size of the initial object was 6, and you have drawn in half, it is easy to understand that the condition will not be met..
In case of incorrect registration, there is usually no cadastral number, no land survey was carried out. This is especially true for old summer cottages that have been owned for decades. And at the dawn of the collapse of the USSR, almost no one was involved in applying to the cadastral chamber. They bought it for cash. And how to divide the land plot into two in this version? Just complete everything from scratch. And yes, remember that the survey must be repeated immediately. To determine the boundaries of the base object first, and then the new ones. So the sum of money of the geodetic company will have to be transferred rather big.
Divisible and indivisible lands
And now let’s briefly go over the question of which allotments are not subject to the procedure. Some, however, simply by law, in accordance with the RF Labor Code, will not graduate. And there is no point in even starting this whole event..
So, all territories are divided, except:
Cases where integrity is a prerequisite for value. That is, with any deformations, the allotment simply loses its value almost completely. And you no longer have to ask how to make two from one section, such an object will not be divided.
Violation of sanitary or fire safety standards for new property. This often means that they are just too small..
Violation of rational use.
Inability to apply for the intended purpose.
All types described earlier. Burden, too small for building a house or other buildings. As well as the presence of disputes between equity holders.
Algorithm of actions
We have completed the analysis of almost all related conditions. We realized in which options it is quite possible to cope quickly, and when you have to run around the courts. And now let’s move on to a specific description of the procedure. Let’s see how quickly we can complete everything. And how much material investment will it take?.
And even if all the owners are ready for the process, they have no objections, there is always only one stage, where to start dividing the land plot into two independent ones. This is getting consent. And we’ll start with him too.
Registration of consent
This is part of the contract. Therefore, registration takes place exclusively at a notary. There are no other mechanisms. Otherwise, the reality will not be proven..
You can compose the text in advance, this is usually done. But you need to put your signatures already in the office. Do not bring the signed paper, the notary must be present at this moment.
In the contract itself, the following points must be indicated:
Data from the cadastral chamber.
Location, if the previous item is skipped.
The order and methods of gradation.
Personal data of participants and their consent.
So, we remembered the first point of how the land plot is divided; it is permissible to divide it only through a notary. Moving on.
This task is performed by specialized companies that hold the appropriate licenses. Otherwise, the expert opinion will have no legal force and will not be able to become the basis in the cadastral chamber. The process is intended to define new borders on the basis of the old ones, to distribute the intended shares geographically. And this happens in the presence of all interested parties. They have the right to personally verify the legality of each stage. And also record what is happening on a photo or video camera or fix in another way convenient for them.
A special technique is used, which is also subject to mandatory certification. Cadastral registration is possible only after all designated boundaries are strictly defined. After all, it is clear how to divide the land into 2 parts, two land plots – you need to identify exactly how these new allotments will be located in space.
The task itself is subdivided into the following stages:
Order from the company for a land-plot plan. The specific contractor is selected on the basis of the general agreement of the participants.
Notification of all interested parties. Mandatory, including a banking structure, if an allotment or a house on it serves as collateral.
Determination of the total and hotel area of each object.
Issuance of an expert opinion, with the help of which it is permissible to proceed to the next stage.
Assigning an address
Acceptable in the presence of all the documents of the landowner, as well as extracts from the register, conclusions from experts and a landline plan. This will require a district administration. However, it will be possible to complete this task remotely. True, then we already need a department of the MFC or a corresponding virtual resource. You must submit an application on your own behalf with all participants in the document. You also need to have electronic or real copies of all passports.
A new office and postal address will be assigned. The processing time will take about a month. But often everything happens much faster. It is worth clarifying that this does not have to be done at this stage. If there is no time now, submit documents after visiting other authorities.
Cadastral registration and registration
And here is the main point of the question of how to divide a summer cottage, two owners of allotments will become only when a certificate of ownership and disposal appears. To do this, we first apply to the cadastral chamber to assign a number. We will need:
All documents of title.
Papers received from the survey company after completing their work.
A statement based on the sample. Easy to find on the internet. It is better to fill in in advance, so as not to waste extra time on the spot..
Receipt for payment of the state fee. It is permissible to pay at a branch of any bank or directly on the spot. Special payment terminals are located in each ground branch. They accept both cash and transfers via a bank card or virtual wallets..
The last step is Rosreestr. It is worth contacting there after receiving papers from the cadastral chamber. After all, they are a necessary addition. Also attach a power of attorney if the applicant is an official representative, and not a participant in the transaction. And also all the documents that were described above.
It is not necessary to visit the department. The remote option is also suitable here. But the state fee will have to be paid. Its amount will be two thousand rubles. You can pick up the certificates in a couple of days. The specific period is indicated on the receipt for the acceptance of all documents for processing the request.
And now some practical recommendations:
To get answers to your questions, you should go to the administration. Sign up for a consultation. There he explains to you all the division limits. In what ranges is it allowed, what kind of property is available. And they will also indicate the package of the necessary documentation.
Prepare all statements in advance. And better in a couple of copies. And also leave one blank form for each document just in case. If it turns out that the filling was incorrect.
Remove a dozen ordinary copies from the passports of all equity holders. But do not notarize them, this is not necessary.
With the payment of two fees and notary services, the total cost of the issue tends to 10 thousand rubles. Prepare this amount right away.
We tried to fully illuminate what kind of site there is for two, how to divide the territory into parts. As practice shows, this is not an easy task. Especially if there are objections from the lender, equity holders. It should be understood that the total deadline will still drag on for about 30 days. And this is if the authorities do not delay the issuance of documents. That is why we recommend that you seek the help of qualified specialists to simplify the process..