The formation of land. The Land Code, Article 11.2
Earth is considered the basis of different types of humanactivities. It houses houses, businesses, various organizations. Each site is someone's possession. In order to obtain a right to it, it is necessary to properly arrange and conduct a transaction. The formation of land is carried out according to the standard procedure fixed in the law.
The concept of
The state cadastral service performs the formation of land plots. They can be formed in different territories and have different purposes. Creation takes place in 2 ways:
- Based on the sections used (using a partition, redistribution, division, association).
- With the development of unexploited territories.
The site has a fixed and specified indocuments border. Therefore, according to the law of the Russian Federation, the creation of territories is considered to be cadastral registration. Obligatory procedure is the surveying of the plots, allowing to determine their boundaries. After entering data into the register, assigning a number to the lot is made into ownership. After that, it is considered an object of civil turnover.
The fundamentals of art. 11.2 of the Land Code of the Russian Federation
The rules for the formation of land plots are fixed in art. 11.2 of the Land Code of the Russian Federation:
- Territories are created with a partition, union, redistribution or allotment.
- Territories, from which sections, associations, redistributions appear sections, do not exist from the moment of state registration.
- There should be a targeted and authorized assignment of property.
- The formation of land plots is possible afterwritten permission of land users, owners, tenants, pawnbrokers. Consent is not required only in some cases: state ownership is transferred to unitary enterprises, a court decision, withdrawal of possession for state purposes.
- The formation of private property plots between several owners is carried out by their agreement. To date, this item does not apply.
- The formation of the boundaries of the land plots of the built-up area is carried out by the person who concluded the agreement on the development of the territory.
- Disputes are considered by the court.
The cadastral formation of a land plot with a re-division, consolidation, division is carried out on the basis of observance of certain conditions:
- Availability of permission from property owners and users.
- Setting categories of land.
- Compliance with the permitted size.
- New property should not be an obstacle in the use of buildings and structures.
This term became a substitute for the concept of "unified land use" with the updating of legislative norms. A multi-contingent land plot is a territory that includes several plots. They include:
- Several contours.
- Sites with interspersed.
If we consider the practice, then multi-contourterritory - this is, for example, a private farmstead in which a garden or a courtyard is separated from the main courtyard by a road or river. It can also be a farm with fields and livestock infrastructure in isolated areas.
The multi-contour plot has a cadastral number. Perform transactions will only be all parts together. It is formed in the same way as the other. The main thing is that its borders are within the boundaries of one settlement.
Order and methods
Sites appear when:
- Procedures with existing territories.
- Allocate from the registered territories.
- Separation from the land, which is considered state property.
The cadastral service, which contains information about all immovable objects, is involved in accounting for land plots. When there are various transactions, requests to this organization are required.
State and municipal property
State land plots are formed by the decision of the authorities. The basis is:
- Documentation of land surveying.
- Project on flattering areas.
- Scheme of location of territories.
Land surveying is used to form territories for land development, for transfer to citizens. Also, these may be areas of federal significance and areas built up with residential facilities.
Formation of a site from agricultural lands is carried out as allocation of own share for:
- Sales and letting.
- Expansion of the household.
- The farmer farmstead.
Document on the allocation of land from common landsis drawn up 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 shall notify the beginning of the process of all participants and publish the information in the media.
To appeal the location of the allocateda month is provided by all participants. If there were no protests, the site will be deemed to be dedicated. He is mastered for 3 years: they sell, lease, conduct farming on it.
Section with joint ownership
When the land is formed with the help of a section of the territory, several small areas appear.
The owner of the original territory owns the property right.
Land rights for all ownersthe same if a partition has occurred. Users of the shared territory, who have the right of common ownership, are equally entitled to the land received, unless other rules are specified in the agreement.
The formation of plots is carried out with permissionowner, 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 have appeared. As agreed by the parties, the agreement may be the same, but some changes are made to it.
The section on surveying is carried out by a person whoconcluded a contract 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:
It is impossible to unite the lands handed over for unlimited use and handed down by inheritance. Such operations can be performed only with one owner of all parcels.
The difference between a section and a section is that whenIn the last procedure, the original site ceases to exist. And the first deal involves the existence of a territory, but with a change of borders. Is allocated as one, and 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.
The procedure is carried out:
- For adjacent sites.
- Obtaining changes in areas and boundaries.
- With the preservation of the owner's right.
- With the distribution of rights of owners under the contract.
Some territories are suitable for free use by citizens who have a special status. The ZATO lands have a special position. They have:
- Their authorities.
- Enterprises with radioactive substances or weapons of mass destruction, military facilities that are required to comply with state secrets.
The territories at ZATO are considered federalproperty. The right to dispose of them has local authorities. With the agreement of the local and federal authorities, the land can be transferred to residents for personal use.
They are created on or near water bodies withby using soil and washing. They may have adjacent borders with existing ones or be isolated. The purpose of forming such sites is the construction of buildings and structures of various types.
The formation of artificial plots is based on the initiative:
- Legal entities.
Artificial territories are organized thanks tofunds of the budget, investments of the initiators, as well as with the use of funds received from auctions at the auction. This procedure is carried out on the basis of several stages:
- Getting permission.
- Create planning documents.
- Implementation of engineering calculations and project preparation.
- Performance of works.
Artificial territories can not be used to extract minerals, change the boundaries of the Russian Federation or territorial entities.
They are carried out to clarify the location of land andtheir borders, as well as for preparation for documents. All these works are divided into 2 types: engineering and legal. Due to geodetic work, a land surveying plan is being developed, a technical plan and an inspection report.
Data processing and document processing cango to 1 month. During this period, the documentation is prepared for transfer to the cadastral register. After the work done, a site is formed with which the owner can perform various transactions. Thus, he has the full right to dispose of property.