In judicial practice, there are often issues to ensure ownership of land plots and cases of division of home ownership. Sometimes the parties do not come to an agreement regarding the registration of land ownership, without changing the purpose of this territory.
In the event of land disputes, an examination on the section of the site is most often necessary.
In addition, there is no consent and when the household owned by the two owners is located in the common territory and during divorce proceedings, accompanied by division of property, as well as in the division of the inheritance or operations of the sale/sale or gift of property.
Co -owners or owners have the right to divide the divided part of the dispute object by several. In this case, it is recommended to carry out land management measures on the basis of a project approved by the executive authority and amending the data of the state cadastre.
According to the Land Code of the Russian Federation, the division of the land is interpreted as an action to transform from one whole (when its existence ceases) into several. In the case when co -owners did not reach an agreement on the division of this territory, then through the court everyone has the right to demand the allocation of their share.
It should be noted that the separation is possible only by observing the conditions of divisibility of inlay, because they should be divided into parts and form independent individual land plots. They must have a certain target purpose, accessible entrances and approaches.
By area, the newly formed part should meet the minimum norms that the state land cadastre provides.
For example, there are buildings on it, in this case the principle of the only fate of the conditioned territory and the objects located on it should be observed, that is, the owner of this site must be the owner of the objects built on it.
Land for rent or given to the peasant farm are not subject to separation.
To draw a section of a particular land plot, it is necessary to submit to the expert the title and technical documentation, the layout of the facility and materials of geodetic surveys.
In addition, the following materials will be needed for more objective studies:
a statement in which the need to separate the land is justified;
the plan of the object that is subject to separation;
consent of land users (certified) to the section;
Information on the restriction of the rights imposed on the examined site.
consent (written) from co -owners to the section of the territory.
All measures taken are carried out by experienced experts of an expert company on the basis of an agreement concluded with the customer.