DIVISION OF THE LAND PLOT

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Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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DIVISION OF THE LAND PLOT

Reading time: 3 min.

Land is an object of civil rights. That is, land plots can be in circulation (bought, donated, exchanged, etc.). According to land legislation, if a land plot has been assigned a cadastral number, then it is considered to be formed. But life does not stand still and sometimes a land plot has already been formed, it needs to be divided into two or more separate ones.

When should a division of land be carried out?

  • Firstly, if a citizen wishes to make any transaction that requires frequent alienation of a land plot. For example, donate or sell a piece of land or a piece of real estate that is located on this land.
  • Secondly, if the land plot is in common ownership between two or more owners. In this case, during the division, each owner receives his own formed land plot with a separate cadastral number.
  • Thirdly, when the land plot belongs to the hereditary mass, which is claimed by several heirs. It is clear that in order for everyone to receive their share by inheritance, such a land plot must be divided.

What land plots are subject to division?

The legislation does not restrict land owners who can divide them. Land plots are subject to division, regardless of the form of ownership, that is, private, state and communal.

Purpose of land

Land plots of any designated purpose are subject to division, but a change in purpose during the division process is not allowed.

Where to start the division?

First of all, it is necessary to order and prepare technical documentation for newly land plots that arise in the process of division. Next, contact the cadastral registrar to assign cadastral numbers to the land plots again and register them in the State Register of Rights to Real Estate.

Features of the division

If the land plot to be divided is under pledge, leased or mortgaged, then the notarized consent of those persons whose rights and obligations will be affected by the division of the land plot must be obtained without fail.

After registration of the division of newly created land plots, lease agreements, if any, were worth renegotiating. This is necessary due to the fact that the previous land plot ceases to exist and its state registration is cancelled. As a result of the division, new independent land plots are formed with their own cadastral number and boundaries.

Consequently, the process of dividing a land plot is not a very simple and fast procedure. After all, first you need to analyze whether the land plot can be divided, find a land management organization that can produce technical documentation, assign a cadastral number, and register the land plot. That is, to carry out a set of actions to obtain the desired result. If there are doubts about the process of dividing a land plot, you should contact a land lawyer for complete information on the conduct of such actions, as well as the algorithm for working on dividing a land plot.

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Specializes in criminal, civil and administrative law, recalculation of military pensions

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