Agricultural land

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Published: 07/24/2017

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When using agricultural land, it may be necessary to register ownership rights to such land - for sale, division into separate plots of land, etc. In some cases, in order to formalize rights, it is first necessary to allocate a plot of land from common property and clarify its boundaries.

• The concept of agricultural land
• Legislative regulation
• Registration procedure
• Preliminary stage
• Required documents
• Procedure
• Cost and terms

The concept of agricultural land

Agricultural lands usually include areas that are intended for agriculture and are located outside urban settlements, in accordance with paragraph 1 of Art. 77 Land Code of the Russian Federation.

Agricultural plots can be intended for the following purposes:

• Individual management;
• Gardening, market gardening;
• Agricultural production;
• Cattle grazing and haymaking.

Agricultural land can belong to one individual, organization (peasant farm) or several persons (shared ownership).

Land share is the share of agricultural land owned by

one individual or legal entity.

The issuance of land shares was carried out after the collapse of the USSR with the aim of privatizing collective farm lands by their former employees. A land share does not have a physical expression in the form of boundaries; it gives the right to own the share of land indicated in the document on the existence of a share in the right of common ownership.

A plot of land that is in common shared ownership of several shareholders is managed by a general meeting of such shareholders.

New law on agricultural land rights of peasant farms

1. are not located within the boundaries of urban or rural settlements;
2. are provided for use in agricultural activities, that is, for the production of food or plant raw materials (flax, hemp, cotton, etc.).

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In addition, the category of agricultural land includes areas intended for the construction of buildings and structures where manufactured products will be stored and processed, and where agricultural equipment will be located and serviced.

Legislative regulation

If a plot for agriculture is owned by state authorities, then the registration of rights to such a plot is carried out within the framework of privatization and is regulated by:

• Art. 39.5 Land Code;
• Art. 3 of Law No. 137 “On the entry into force of the Land Code”.

Registration of ownership rights to a land share located as part of an agricultural land plot is regulated by the provisions of Art. 13 and Art. 13.1 of Law No. 101 “On the turnover of agricultural land”.

Registration procedure

The method of obtaining ownership of an agricultural land plot depends on the type of right on the basis of which the land user claims the plot. Such rights may include:

• The right to a share located in the allotment of common property;
• The right to unlimited use or lifelong ownership of a state plot.

To transfer the rights to a plot from state ownership to private ownership, it is necessary to write an application to the land owner (local executive authority) for preliminary approval of privatization, and if you have a land share, you must submit an announcement in the media about the desire to allocate the plot of land from the common property in kind.

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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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Preliminary stage

After preliminary approval of the provision or publication of an announcement about the allotment in the media, the land user must organize geodetic work to determine the boundaries of the agricultural plot.

Geodetic work is carried out by cadastral engineers who are in the federal register of cadastral workers, or by surveying companies that organize the work of such engineers.

The work is carried out directly on the site and includes:

• Topographic survey of the territory;
• Measuring works;
• Determining the coordinates of boundary points;
• Soil condition assessment.

After the work is completed, the cadastral engineer processes the measurement results, after which he draws up a draft boundary plan.

According to paragraph 6 of Art. 13.1 Federal Law No. 101, the draft plan is approved no earlier than 30 days after all interested parties (neighbors, future owner and other shareholders of the site) have familiarized themselves with it.

If all participants in common shared ownership intend to allocate their shares and obtain ownership rights to individual plots of land, then at a general meeting they approve a project for surveying the common plot and determine the boundaries of future plots.

The decisions of the general meeting are documented in a protocol, to which is attached a land surveying project, in accordance with which separate areas are formed, and in this case additional approval of boundaries with the participation of a cadastral engineer is not required (clause 3 of Article 13 of Federal Law No. 101).

Required documents

To register ownership of a land share, the following documents will be required:

• Document on the right to share;
• Boundary plan of the site;
• Cadastral passport;
• Certificate from the Unified State Register of Encumbrances.

The document on the right to a land share is the basis on which the shareholder can allocate his plot in kind, and the share of the plot indicated in this document allows the cadastral worker to calculate the area of ​​the formed plot and determine its boundaries.

The right to a share is issued when dividing collective plots to each shareholder free of charge or can be purchased on the securities market as land capital; its value depends on the category of land and its cadastral value.

A boundary plan is necessary to prepare a cadastral passport for a plot; it is prepared by a cadastral specialist based on the measurements taken; the cost of its production depends on the area of ​​the plot and its accessibility for measurements and can amount to up to 15,000 rubles for plots of no more than 1 hectare. The production of a boundary plan takes 1-3 weeks.

A cadastral passport is required to register ownership of a plot and enter the relevant information into the Unified State Register; it is issued at the cadastral chamber free of charge on the basis of a boundary plan within five days.

A certificate from the legal register is necessary in order to exclude possible claims to the allotment being formed by third parties and to ensure that the land is not seized. You can order such a certificate at the multifunctional center or in the section of the Rosreestr website.

When providing land from municipal property, you must write an application in a standard form.

The application must indicate:

• Full name and address of the applicant;
• Site location address;
• Cadastral number of the plot;
• Category of land and type of use of the site.

The text begins with an indication of the authority submitting the paper, indicating the full name and position of the employee receiving the application, followed by a request to provide ownership of the site outlining its characteristics.

New law on agricultural land February 2021

In accordance with this land classifier, codes 1.1 – 1.18 can be used, prohibiting the construction of facilities on agricultural lands intended for the residence of citizens. However, classification 2.1 and 2.2 gives the right to build a residential building. This is possible if the land plot is intended for farming or building individual buildings - country houses or garden houses. However, questions arise: is it possible to re-register agricultural land into peasant farms and how can this be legally correct? This article is devoted to the answers to these and other questions. The mechanism for changing the type of land for farms is regulated by Articles 11 and 12 of the Federal Law “On Peasant (Farm) Farming”. The difference between a garden house and a residential one is that it is intended for seasonal (temporary) stay of citizens, while a residential building is used for permanent residence and is equivalent to an individual residential building. They gave me the right to attend the meeting, they gave me the right to vote - BENEFICERS. But they didn’t ask me, I don’t need their rights. Now they decide what to plant?

I am gardening on my private plot, registered as a property, so why am I forcibly enrolled in a partnership? The territory of my plot turns out to be on the territory of the partnership. How can a legal entity have territory? Collectivization again? Serfdom? Where are the rights and freedoms guaranteed to me by the Constitution ? In addition, when considering the issue of constructing a residential building on a land plot of the category “agricultural land”, it is worth paying attention to Federal Law No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” and the concept of “residential building” introduced by this Federal Law. .

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Procedure

Registration of rights to a land share in the case where a plot is allocated by one of the shareholders is carried out in the following order:

• Submitting an advertisement in the media about the desire to allocate a share in kind;
• Organization of survey work on the ground;
• Obtaining cadastral documents;
• Registration of property rights in Rosreestr.

The list of media outlets in which announcements about the allocation of shares are published is approved by local legislation.

If within 30 days none of the shareholders has expressed disagreement with the allocation of the site from the common property, the shareholder who submitted the advertisement enters into an agreement with a geodetic company to prepare a boundary plan.

The prepared boundary plan is subject to agreement with other shareholders and neighboring land users. It is important to take into account that the area of ​​the formed site may differ from the calculated one due to the characteristics of the relief or soil, but no more than 10 percent (Clause 16, Article 13.1 of Federal Law No. 101).

After preparing the cadastral documents, the land user needs to register his right to the plot; for this, an application for registration is submitted to the local branch of Rosreestr, to which the following papers are attached:

• Cadastral passport;
• Document on the right to a land share (share);
• Receipt for payment of state duty.

If the allocation of a plot in kind took place on the basis of a land surveying project approved by the general meeting of shareholders, then an extract from the minutes of the meeting must be attached to the application.

When the land is owned by the authorities, registration of rights to the plot after registration of cadastral documents is carried out on the basis of an application submitted to the authorized body for the granting of land ownership.

The purchase of a land plot from a lease is possible only if all the terms of the lease agreement are fulfilled. How much will it cost to rent land from the municipality? Find out about this from our article.

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