Division / consolidation of land

Division / consolidation of land

Author

Perepelchenko Anatolii

Division / consolidation of land

The division of the land plot is carried out for different purposes, namely it is necessary when there is a sale, donation, exchange of only a part of the land plot; the necessary division of the land plot between the co-owners of the house; when a person wants to bequeath such to several heirs.

The division of land occurs regardless of the form of ownership (private, communal, state property). This section is divided into several parts and new boundary markers are installed. The division of land plots occurs only when the development of technical documentation for establishing the boundaries of plots, as well as after the formation of plots created as a result of the division in the State Land Cadastre, so that it is possible to assign a cadastral number to each new plot and separately register of them.

The formed land plots must meet certain criteria, for example, the purpose of the land plot cannot differ from the same criteria in the initial plot.

After such a division, each of the land plots must have access to a road or driveway. If the division of the land plot is carried out together with the house, the division line must run clearly along the line of the house.

There are several cases in which the division of land is possible:

• in case the owner finds a desire, but provided that the boundaries of the land are not violated after such division;
• in case of alienation of one or several parts of the land plot;
• distribution of land in kind in case of division between share co-owners;
• if each of the newly parts of the land can become an individual plot.

The main provisions for those who plan to divide the land:

It is impossible to change the purpose of the division of land. The procedure for changing the purpose of a piece of land can be started only when the share is allocated to a separate plot of land, which will be registered in the State Land Cadastre, and ownership of it – in the State Register of Real Estate Rights.

The division of a land plot does not terminate the restrictions on its use. All established restrictions will apply to newly formed land plots, except in cases when the restriction applied only to the part of the land plot, which as a result of the division was not included in the formed new land plot.

The division of the leased land plot on the rights of emphyteusis, superficies mortgaged will be possible only after obtaining a notarized written consent of the persons, after the division of the land plot, all contracts of use or pledge must be re-concluded.

Documents required for the division of the land plot

The application of the owner of the land plot for the division of such must be notarized and the technical documentation developed by the land management organization for such division.

To develop technical documentation for the division of the land plot of the land management organization it is necessary to provide:

• a notarized application for the division of the land plot;
• a notarized copy of the title deed to the land plot;
• copies of passport data and identification number;
• if there are several owners of the land plot (common share ownership between the co-owners), then a notarial contract is concluded for the division of the land plot between the co-owners.
• if the plot is divided in a special way, not in separate equal parts or there is a development on the land plot, then in this case a cadastral survey of the land plot is also required.

In the presence of the above-mentioned documents the land management organization carries out the corresponding works on development of technical documentation on section of the land plot on the basis of the concluded contract with the owner of such site.

Further registration of ownership of land plots formed as a result of division

In order to register newly formed plots formed as a result of division, after receiving extracts from the State Land Cadastre, it is necessary to apply to the center of administrative services or a notary to register ownership of each newly formed land as a result of division.

It should be noted that in accordance with paragraph 10 of Article 24 of the Law of Ukraine “On State Land Cadastre” in case of division of land state registration of land is canceled by the State Cadastral Registrar, which carries out such registration. According to the norm of paragraph 114 of the Procedure for maintaining the State Land Cadastre, approved by the resolution of the Cabinet of Ministers of Ukraine dated 17.10.2012 № 1051, information about the land plot in case of cancellation of its state registration:

• acquire the status of archival by the decision of the State cadastral registrar;
• displayed on the cadastral map in the archival data layer of the geographic information system;
• are stored in the State Land Cadastre permanently together with information about the relevant State Cadastral Registrar, the date and time of acquisition of archival status by such information.

Based on the above, the division of land will lead to the abolition of its state registration as an object of civil rights, the formation of new land and the entry of information about them in the State Land Cadastre.

Development of technical land management documentation for land consolidation

The procedure for merging land plots does not differ significantly from the procedure for dividing land plots, it is carried out on the same grounds, but in practice it is much less common.

The owner can combine his land plots into one. In this case, the newly created site after the procedure of registration of documents in the State Geocadastre must be registered with the state registrar.

Land plots can be combined if the following conditions are met:

• all plots that are going to unite are located within one settlement;
• land plots have a common border;
• all merged lands are identical in purpose.

Documents required for land consolidation:

• notarized application for land consolidation or notarized agreement;
• a copy of the title deed to the land, notarized;
• notarized copies of title documents to the building (if there are buildings);
• copies of passport and tax number for an individual, or certified copies of statutory documents – for legal entities,
• power of attorney.

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