What does fanfaron mean? The meaning of the word fanfaron in the Dahl dictionary

Shared ownership is a complex subject of civil legal relations. The sale of part of a land share is accompanied by certain restrictions at the legislative level.

Features of the sale of part of the allotment

Among the main features when selling part of a land plot are the following:

for lands intended for agricultural needs, sales are made exclusively to participants in shared ownership;
for common use lands - participants in shared ownership have a pre-emptive right to purchase.

Is it possible to sell part of the land without land surveying?

According to Article 6 of the Land Code of the Russian Federation, part of the land is an independent object of legal relations.

The norms of the Civil Code define immovable objects as objects of trade turnover, including plots of land (see Article 128 and Article 130 of the Civil Code of the Russian Federation).

In accordance with Articles 549 and 554 of the Civil Code of the Russian Federation, a plot of land acquired under a purchase and sale agreement must be clearly defined by cadastral and technical characteristics. The Land Code regulates the sale of land plots registered with the cadastral authority (see Article 37 of the Land Code of the Russian Federation).

Based on the results of the accounting, each land plot is endowed with characteristics that make it possible to identify the plot and carry out its examination (see Article 1 of the Federal Law No. 28). For this purpose, the land object is assigned an individual code. According to Article 19 of Federal Law No. 28, in order to make an entry about a site in the cadastre, documents on the survey work carried out are required.

Consequently, the sale of part of the land is accompanied by a delimitation procedure, the result of which is the division of the site into separate objects with clear boundaries.

Taking into account that rights to real estate are subject to state registration, the owner is obliged to obtain ownership of the newly formed part of the plot for the purpose of further sale.

Sale of 1/2 part of common property

The process of selling ½ of the land in common ownership is accompanied by the following stages:

Obtaining the refusal of the remaining owners in writing.

For this purpose, it is necessary to send a notification to the co-owners about the upcoming transaction indicating its price.

ATTENTION. In case of violation of the conditions of notification of co-owners, the transaction may be declared invalid in court.

Preparation of a package of documents:

Preparation of contract.

You can draw up an agreement either independently or with the help of a notary. The document confirming the sale of part of the land must contain the following information:

Personal data of counterparties;
An exact description of the subject of the transaction (area - ½ of the plot, cadastral information, category and purpose of the land, address of the plot);
Information about the document confirming the seller’s right to the property being sold;
Transaction price;
Payment method and terms of crediting funds;
Restrictions on the use of the facility.

Registration of the agreement in Rosreestr.

The final stage of the transaction for the sale of part of the land plot. The parties to the agreement contact the state registration service with the prepared documents, after which they are given a receipt indicating the date of issue of the extract from the Unified State Register. Upon receipt of the extract, the title to the property is transferred to the new owner.

Land sale process

Half without a home

In order to sell half a plot without a house, it is required to legalize it as an independent object.

For this purpose, you must contact the land management organization.

After part of the land being sold acquires an individual cadastral number, the owner has the full right to dispose of it as a separate object.

It is important, after demarcation, to register half of the site with the state cadastre authorities. You must write a corresponding application and attach a list of documents to it:

A copy of your ID (take the original with you);
A copy of the power of attorney (if available);
A copy of the identification code;
Technical documentation issued by the land management organization in electronic and printed format;
Receipt for payment for services.

The final stage before selling part of the land without a house is the registration of property rights with the Rosreestr authorities. After receiving an extract from the Unified State Register, the owner can sell half of the plot.

Lands agricultural destination

The owner of a part of agricultural land has the right to sell his share exclusively to another participant in this shared ownership (see Article 12 of the Federal Law No. 101).

In this case, notification of the remaining co-owners is not required.

The sale of a share of agricultural land to a third party is permitted only after the allocation of a land plot from the total share. The owner of the plot must carry out land surveying and register the share as a separate plot.

REFERENCE. Division of common land ownership is permissible with the consent of all shareholders. In the absence of the consent of the co-owners, it is allowed to secede the property in court.

However, after registering his share as a separate plot, the owner does not have the right to immediately sell the land to third parties (see Article 8 of the Federal Law No. 101).

According to Federal Law No. 101, the priority right to purchase agricultural land. municipal authorities are appointed. The owner of the plot must notify the municipality in writing about the sale of the plot of land, indicating its area, address, cost and payment terms.

If, within one month, local authorities do not send a written notification to the owner of the plot of their desire to purchase the plot under priority right, the land can be sold to third parties.

ATTENTION. The price of the site must correspond to the price originally stated in the notification.

Parts of a garden plot

When implementing a garden plot, you must adhere to the following algorithm:

Notify the co-owners in writing about the sale of part of the plot, indicating the cost of the share of the plot.
If there is no desire on the part of the shared owners to purchase part of the land within a month, it can be sold in favor of third parties.

When selling part of a plot in favor of one of the co-owners, it is not required to notify the other owners.

What is the right of first refusal and who has it?

Participants in shared ownership have a pre-emptive right to purchase part of the common property on equal terms at the price for which it is sold, except in the case of public auction (see Article 250 of the Civil Code of the Russian Federation).

Conclusion

The sale of shares of land plots is directly related to the right of first refusal of the co-owners. The sale of land must be supported by cadastral documents, and transactions of this kind must be registered with the Rosreestr authorities.

In 1991, the President of Russia issued a Decree, on the basis of which the reorganization of collective farms began. The main objective of this event was to increase the number of citizens who own land shares. Most of the collective and state farm workers were allocated plots.

General concept

So, a land share is a part of the land in the aggregate, which belongs to an individual on the basis of property rights. The owner has the right to dispose of his real estate as he sees fit. The owner has the right to lease a land share. The law does not provide precise guidelines on how many hectares are included in one unit. Thus, the plot can have any size, starting from several hundred square meters.

Before moving on to the question of how to sell a land share, let’s take a closer look at the definition itself.

Land share - what is it?

The area of land is measured in hectares, per person. Such areas have no real boundaries; their dimensions are written exclusively on paper. Sometimes the location of the site may not even be indicated. The right of each shareholder to shared ownership is confirmed by a special certificate. This document contains the following information: share size, agricultural purpose of these lands (meadows, arable land, pasture, etc.), point-hectare estimate. That is, the shared share is not the land itself, but only the right to own a certain part of the former collective farm property. Establishing the real boundaries of your site may be possible only after a series of procedures. The owner can use the share in accordance with its purpose, that is, for sowing vegetables, grazing livestock or other agricultural activities. In addition, the owner has the right to inherit, donate or sell this land. When exercising his rights, the shareholder is obliged to take into account the interests of other owners.

Features of selling a share plot: step-by-step instructions

So, we have come to the key point of how to sell a land share.

There are some nuances when selling a share plot. Since the boundaries of this area are virtual, it is very problematic to determine them on the ground. That is why, in order to sell a land share, you must first contact the land surveying committee to allocate a share. Only after this procedure has been completed, the share will become a real plot of land and can now be sold for a certain amount.

There is an established registration procedure that requires:

It should also be noted that the refusal to purchase a land share by the local administration must also be recorded. If the number of shareholders is up to five people, their refusal of priority purchase is certified by a notary. Notarization is also required by the consent of the wife or husband to the sale and the contract with the buyer. The latter document will subsequently be the one on which the registration of the owner’s rights by the buyer is based.

Now it has become more or less clear how to sell a land share. What else is needed for this?

List of required papers

To complete the contract, the seller will need the following documents:

passport;
those documents that determine his ownership of this plot or an extract from the Unified State Register;
minutes of the joint meeting or other papers that confirm the presence of notification of other shareholders;
consent of the spouse to sell the land share;
a certificate confirming the absence of tax debts;
duty payment receipts;
act of assessment by an independent expert of the value of this site, if it was carried out.

It must be taken into account that if a plot is under arrest or pledged to the bank, it is not allowed for sale or purchase.

Who is allowed to sell their share?

It is necessary to start with the fact that the local administration, as well as other shareholders, have a preferential right to purchase a plot. In this case, shared lands are similar to a communal apartment. Each owner has the right only to a part of it, and it is impossible to sell their own meters or hectares without the consent of the others.

If any conditions are violated, the transaction may be challenged in court. In addition, it is not allowed to declare an initial value that will be higher than the one at which the share will ultimately be sold.

If the price of a plot decreases during negotiations, the administration must be notified.

In addition, the share can be sold not only to the administration or any of the shareholders, but also to commercial organizations or third parties. In this case, there is only one condition - they must be Russian residents.

What determines the cost of a land share?

In addition to how to sell a land share, many are interested in the price at which this can be done.

The owner of a plot of land has the right to independently determine the value of the share owned by him, and he must inform the local administration about the price. How much does a land share cost? Its price is determined by various factors, the main ones being its proximity to major cities and the availability of transport links. The location of the share in a large village, if it has all the necessary infrastructure and you can build or purchase a house to live there on a permanent or temporary basis, will also be to the advantage of the seller. Such a plot can be sold at a higher price.

Typically, a land plot is assessed according to the following parameters:

condition of the land;
degree of soil fertility;
size of the plot of land;
availability of communications and roads.

It should be noted that even in one region prices can differ significantly. That is why, when determining the cost of a share of land, it is necessary to focus on similar plots that have approximately the same parameters. If you have any doubts, it is best to contact an independent appraiser so as not to regret the lost profits later. It must be remembered that, according to Article 226 of the Tax Code of the Russian Federation, citizens must pay a tax on this income in the amount of fourteen percent. The owner can also draw up a gift deed for his relatives or strangers.

How to sell agricultural land?

Agricultural land is a state resource that plays an important role in the economy of the agricultural sector of our country. Such land can be used exclusively for its intended purpose, namely for crop production or livestock raising. In addition, use for educational or research activities is permitted. Subject to certain conditions, the owner can dispose of the share of land allocated to him at his own discretion.

In accordance with paragraph 1 of Article 77, the status of agricultural land belongs to:

arable land;
orchards;
meadows for haymaking;
pastures;
forest areas or nature reserves;
forest belts.

Such plots can be provided to legal entities or citizens for beekeeping, livestock farming, vegetable growing and other economic activities. It is allowed to place fences, canopies, apiaries and other temporary buildings on them.

When selling an agricultural land share, you must proceed as in the previous case. Due to the fact that this product has certain specifics, it is quite difficult to find a buyer. The status of such sites allows them to be used for a specifically established purpose. In addition, they are usually located outside the populated area. Since highways, artificial protective plantings and forests are located nearby, the possibilities for using such land are significantly limited.

What affects the cost?

The cost of the allotment is affected by:

location;
location features;
purpose of the site;
fertility level.

Naturally, in each case there will be an individual price. Usually it depends on the region. It should be noted that the contract for the “purchase and sale” of a share of land with agricultural purposes does not differ from the usual one. However, it must necessarily indicate the specific conditions for using the site or their absence.

The above material provided a comprehensive answer to the question of how to sell agricultural land.

What else do you need to know?

According to Federal Law number 101, a share can be confiscated from the owner if he does not properly cultivate the land or allows actions that worsen its fertility. The buyer must remember this.

It is worth noting that the procedure for privatizing a land plot takes a lot of time. So, a month should pass from the moment of notification until the general meeting of shareholders, and the verification of the results will take the same amount of time. You can wait in line for land surveying for two years. That is why it is recommended to take care of the registration in advance and only then start selling.

Based on the information provided in the article, the question of how to properly sell a land share should not confuse those interested. The main thing now is to use the information received correctly.

Last modified: January 2019

The range of purposes for which agricultural land is used is limited, determined by law. Since the law determines the target value of the land, which is already a feature, the sale will be slightly different, and, accordingly, the list of necessary documentation will be slightly different. In this article we will look at how to sell agricultural land and do it correctly, where to start and what to pay attention to.

Legal basis

The state gives agricultural (agricultural) land plots special rights that provide direct protection to such plots. A complete list of components of agricultural purpose is described in Art. 77 of the Land Code of the Russian Federation, speaking briefly about this, this is any land plot that is located outside the territory of an urban settlement and the immediate purpose of this plot is agricultural activity. Roads, buildings and structures located on the territory of the land, which are used directly for production needs, also have a special legal status.

Having decided what land is, let’s consider what legal acts it is regulated by:

Land Code of the Russian Federation;
Civil Code of the Russian Federation;
Federal Law No. 101 of July 24, 2002, regulating the turnover of agricultural land.

The first regulatory legal act defines agricultural land plots and what they include, which was discussed earlier. The second legal act considers aspects related to registration: in the state register (Article 131 of the Civil Code of the Russian Federation), the transaction itself (Article 164 of the Civil Code of the Russian Federation), the transfer of the owner’s rights to a real estate object (Article 551 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation also regulates the consequences associated with evasion of procedures involving registration (Article 165 of the Civil Code of the Russian Federation). The third legal act defines the dominant role of local governments in the purchase and sale of these land plots, namely their pre-emptive right to purchase.

It is worth noting that the land is purchased by the municipality at a price set directly by the seller, based not on the cadastral value of the land plot, but on the market value. Also note that the municipality has the pre-emptive right until the plot is sold through public auction or is seized by the state. interests.

The above-mentioned regulations primarily determine the responsibility that lies on the shoulders of the seller. If the purchase and sale agreement is violated in any way or the purpose of use was violated during operation, then the government of the subject (region) has every right to seize this agricultural plot. The owner’s responsibilities also include monitoring its environmental condition and caring for the land, which is also regulated by law.

Why is agricultural land needed?

Agricultural land is exploited in different ways, mainly there are 5 points, these include:

Pastures, hayfields, lands. As a rule, this applies to subsidiary farming and involves the cultivation of perennial plants and the laying of internal communications (which is permitted by law).
Waste lands. Plots of land whose topography does not allow plowing, so they are used for another purpose, for growing suitable crops.
Land, buildings, warehouses. On agricultural land plots it is allowed to erect buildings that are used for production purposes - nothing else. For construction, it is necessary to obtain a certain permit or the intended purpose of the land requires the presence of buildings.
Water bodies, forest resources. They are used for the development of aquaculture, the construction of water structures, the organization of individual entrepreneurs, and so on.
Other appointments. Associated with urban development projects, the main goal of which is to protect land from negative impacts (providing the necessary protection).

It is worth noting that in the Russian Federation, agricultural lands account for about 8% of the total number of land plots, giving way only to the forest fund. This figure suggests that people in Russia want to run and do run farms.

Agricultural plots, a priori, are endowed with 2 goals, they are:

Rural production;
Other goals that involve assistance in achieving the first.

The first thing that the state assumed when introducing these land plots into trade turnover and correspondingly issuing them to citizens was the use of the allocated territories for agricultural land. However, not all territories are used for their intended purpose. Therefore, a second point has appeared, under which forest plantations, water and forested areas, roads, and warehouses are assumed.

Lands whose purpose is different from direct farming are also legally protected and are not seized without sufficient grounds.

Also, the type of permitted use of land plots is changed to individual housing construction, country house construction. It is easiest to change the purpose of the land plot if it is located within the city (the city has grown), the plot is part of a dacha commercial partnership or a gardening non-profit partnership.

Procedure for selling agricultural land

The sale of an agricultural plot involves the following algorithm of actions:

Notification of the municipality (or other local self-government bodies) about the sale of land. Only if the administration refuses to purchase, the seller has the right to sell the physical memory. and legal Persons.
Search for a buyer. You can find a buyer, from posting ads on the Internet to contacting real estate agencies.
Preparation, collection of the necessary documentation package and agreement of the transaction amount with the seller. When setting the price for a land plot, base it not on the cadastral value of the plot, but on the market value.
Conclusion of contractual relations.
Registration of the transaction and all its aspects specified in the above articles from the Civil Code of the Russian Federation.

Please note that the plot of land is sold in accordance with certain conditions, which must be stipulated in the purchase and sale agreement. These include:

The purpose of the immovable object;
Soil fertility;
Possibility of changing permitted use;
Tax amount.

It is worth noting: the owner independently decides on the methods and conditions of selling the land, installments, requiring a deposit, drawing up an agreement with full payment, or transferring the land plot to the organization in the form of a form of authorized capital.

Sales nuances

The main thing you need to pay attention to is the owner of the real estate being sold and the notification. Let's consider all aspects related to the owners of the land plot.

The owner of the land is the state

Selling a plot of land owned by an individual is a fairly simple procedure.

It is enough to collect title documentation, notify the municipality and conclude a purchase and sale agreement.

However, if the land plot is owned by local governments, the sale is carried out as follows:

Submission by the buyer of the necessary application to the representative office for the issuance of agricultural land, in which, when purchasing land, the purpose of the purchase and the technical characteristics of the land are indicated.
Next, you need to wait for a response from government agencies. The decision will be made in the form of a resolution; if it is negative (prohibition on sale), then the reasons must be indicated. The decision made is subject to appeal in the courts.
Checking the land allotment by all services, sanitary, fire, environmental protection, checking the title documentation for this type of real estate. Each inspection must be documented and have a stamp and signature of the manager.
Registration of rights to real estate.
Drawing up a contract for the sale and purchase of an allotment between individuals. person (buyer) and the municipality.
Carrying out land surveying procedures, preparing a full package of documentation for real estate, registering the rights of the owner.

The cost is set by local self-government bodies based on municipal legal acts, which vary accordingly in each region. Primarily the price is determined based on the fertility, location and area of the land.

Administration notice

According to paragraph 2 of Art. 8 Federal Law No. 101, when concluding a purchase and sale transaction, the seller of agricultural land is obliged to notify either the local self-government body or the regional supreme authority about this.

The notification is drawn up in writing and contains the following information:

Area, location;
(is it land share leased or owned) and documents identifying the seller;
Data regarding mutual settlement, namely their term and conditions under which it will be concluded with the state.

Required list of documentation for sale

This includes:

Documents identifying the parties to the transaction (this also includes a notarized power of attorney if the transaction is concluded with the participation of an authorized person).
Extract from the Unified State Register of Real Estate.
Title documentation (“papers” according to which the right to own, use and dispose of land was acquired, these include donation agreements, purchase and sale agreements, wills, and so on).
Refusal of local self-government bodies to purchase agricultural land.
Written consent of other persons related to the property. These include spouses, owners of cooperatives and farms. Particular attention must be paid to the child, since a transaction affecting the legitimate interests of a minor falls under the jurisdiction of the guardianship and trusteeship authorities and permission from this authority is required for its final conclusion.

Sale of shares

Typically, part of the land may be transferred for the purpose of growing certain crops or grazing for animals. If you decide to sell, then art. 8 Federal Law No. 101 is also in force and local self-government authorities must be notified about this quickly. Everything that needs to be mentioned in the notice (notification) is described above.

The municipality must respond within 30 calendar days; if it is ignored, you have the right to sell the share to other persons.

Conclusion

Taking into account all the features described above, you can sell agricultural land without any problems. The main thing to remember is that before drawing up a purchase and sale agreement, you must notify the administration about the sale and, in case of refusal to purchase, register the transaction in the State Register, as well as the rights of the new owner. If the owner of the share and the new buyer evade notification of municipal authorities or registration, the transaction will be considered illegal.

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According to the Russian Land Code, agricultural lands are lands that are located outside the boundaries of settlements and are intended and provided for agricultural needs.

Such lands traditionally include the most valuable, fertile plots of land, which for this reason require special protection and, accordingly, special legal status and protection from the state. In this regard, classified as agricultural territories has its own legal characteristics.

Composition of agricultural land

Agricultural lands, according to the requirements of the legislator, can be used by copyright holders only for strictly defined purposes. Such land areas are not initially intended for residential or industrial construction.

Agricultural land areas as objects of sale include:

any agricultural land, namely: hayfields, pastures, fallow lands, arable lands and green spaces;
all buildings erected on agricultural land (even an entire village, in practice, can be located on such territory);
any objects erected to meet the needs of agriculture (for example, roads, forest belts, plantings that protect land from weathering).

Selling feature

The main feature of the purchase and sale of agricultural land, according to the law, is the preemptive right of regional (municipal) authorities to purchase such a plot of land from the land owner (seller).

Thus, the legislator regulated that when the owner of the right sells his plot of land from the agricultural land of the Russian region (subject of the Russian Federation) or in situations prescribed by the legislative act of the subject of the Russian Federation, the municipality has a preemptive right to purchase the corresponding plot of land at the same price for which it is sold , with the exception of cases of land sale at public auction.

Accordingly, in order to sell a plot of land belonging to the category of land under consideration, the owner of the plot is obliged to notify in writing the authorized regional (or municipal) body of his own intention to sell the land. Such a notice from the seller of the plot must include the price of the land and other essential contractual terms.

If regional authorities (municipalities) refuse to purchase land or do not notify the seller of the plot of their intention to make a purchase within a month after receiving the notice, the owner of the land has the right to sell the plot to any third party within a year with the condition that the transaction price will not be lower than the price indicated earlier in the notice.

In the event of a paid alienation of a plot of land intended for agricultural needs, in violation of the pre-emptive right to acquire land by regional authorities (municipalities), the sale transaction may be challenged.

Thus, a subject of the Russian Federation (municipality) has the right, within a year after registration by the new legal holder of the land of the transfer of ownership rights to the acquired plot, to demand through the courts the transfer of the rights and obligations of the buyer to it.

In addition to the right of first refusal, the process of selling agricultural land has other nuances:

The buyer, when purchasing a plot, must remember the intended purpose of the land and use it in strict accordance with this purpose. In addition, the buyer of land needs to take into account that, along with the right of ownership, he also has an obligation to take care of the fertility of the acquired land and the environmental friendliness of the conditions. If this requirement of the legislator is violated, the state may seize the site from the new owner.
If the parties to the alienation of land for compensation do not comply with the rules, legislative regulations and norms relating to the legal status of agricultural lands and the procedure for their use, state bodies (authorized bodies of the municipality) have the right to confiscate the sold plot of land.
In order for the parties to carry out a purchase and sale transaction of a land territory under the special control of the state, the seller of the plot is obliged to provide the buyer with the necessary information about the alienated land.
When concluding a sales agreement, the parties to the purchase and sale of land territory have the right to establish the right to purchase the plot by the seller for a certain period.

When concluding a sale transaction, the seller (land owner) must provide, as with any land transactions, all information about the alienated plot and the restrictions applicable to it.

If this information is withheld, the purchase and sale agreement is legally invalid.

The sale agreement will also be considered invalid if it contains conditions regarding the establishment by the land seller of perpetual rights to purchase the relevant plot, the absence of his liability to the buyer if someone else claims rights to the sold plot of land, or the establishment of any restrictions on the use of the land territory in the future . The listed terms of the contract are prohibited by law.

Who can sell

Today, both the state and the land owner (citizen or company) can act as the seller of a plot of agricultural land.

If the seller of the land is the state, the potential buyer of the plot should be patient, because then the sale of the land territory is carried out, as a rule, within two years. This will require the collection of various documentation and certain financial investments.

The advantages of purchasing land from a private owner are that the latter already has the required documentation, and the buyer does not have to wait for land surveying and registration of the acquired land with the all-Russian state cadastre.

Land sale process

The process of selling agricultural land by the copyright holder can be represented as follows:

Sending by the owner of the land a notice of sale of the plot to regional (municipal) authorities. Obtaining a refusal from the competent authority to acquire land.
Search for a buyer of a plot.
Collection of documentation required for the sale of land.
Drawing up and agreeing on a sales agreement with the buyer.
Direct execution of the transaction, transfer of funds, signing of legal documentation.
Registration of owner's rights.

Required documents

To sell a plot of agricultural land and, accordingly, register the rights of the new legal owner of the plot, you will need:

passports of the parties. If the land is not sold by its owner, in addition to the passport, a notarized power of attorney confirming the powers of the authorized person will also be required;
title documentation for land related to agricultural areas;
refusal by the authorized district authorities of the rights to the alienated land or confirmation that the seller sent a mandatory notification notice to the authorized body, but within a month the state (municipality) did not express its intention to acquire the land territory, using the right of pre-emptive acquisition;
, properly executed;
payment receipt for payment of the registration state fee;
minutes of the meeting - when it comes to farming, of which the alienated land is an integral part.

What is included in the purchase and sale agreement?

When drawing up an agreement for paid alienation of land territory related to agricultural land, the parties must indicate:

Complete details of both parties.
The subject of the agreement, indicating the cadastral number of the alienated plot, full information about the land and the name of the legal documentation on the basis of which the land owner (seller) has property rights in relation to the subject of the agreement.
Transaction price.
Information about the intended purpose of the land plot alienated by the seller.
The specific obligations of the parties and their responsibilities within the framework of a legal agreement for the purchase and sale of a plot of land.
The procedure for making financial payments to the parties.

The text of the agreement requires that it be stated that the land seller transfers a plot that is not donated to another person, is not mortgaged, is not under arrest or prohibition, and is free from any legal claims of third parties.

1. The rules of the Civil Code of the Russian Federation apply to transactions made with shares in the right of common ownership of a land plot of agricultural land. If the number of participants in shared ownership of a land plot of agricultural land exceeds five, the rules of the Civil Code of the Russian Federation are applied taking into account the specifics established by this article, as well as this Federal Law.

Without allocating a land plot on account of the land share, such a participant in shared ownership, at his own discretion, has the right to bequeath his land share, renounce the right of ownership of the land share, contribute it to the authorized (share) capital of an agricultural organization using the land plot that is in shared ownership, or transfer your land share into trust management or sell or donate it to another participant in shared ownership, as well as an agricultural organization or a citizen - a member of a peasant (farm) enterprise using a land plot that is in shared ownership. A participant in shared ownership has the right to dispose of the land share at his own discretion in a different way only after the allocation of a land plot against the land share.

Transfer of a land share to the authorized (share) capital of an agricultural organization using a land plot that is in shared ownership into trust management, a will, a waiver of ownership of a land share or the allocation of a land plot on account of a land share is carried out on the basis of documents certifying the right to land share in accordance with Article 18 of this Federal Law, without state registration of the right to land share arising as a result of the privatization of agricultural land.

(see text in the previous edition)

1.1. Renunciation of ownership of a land share is carried out by submitting an application to the rights registration authority. The right of ownership to a land share is terminated from the date of state registration of the termination of this right. At the same time, the right of ownership to this land share arises in the urban district, urban or rural settlement at the location of the land plot, the right of ownership of the land share of which was renounced, or in the case of the location of such a land plot on an intersettlement territory near a municipal district.

(see text in the previous edition)

2. If a participant in shared ownership of a land plot of agricultural land sells his land share without allocating a land plot on account of his land share to another participant in shared ownership, as well as an agricultural organization or a citizen - member of a peasant (farm) enterprise using the land a plot that is in shared ownership, there is no requirement to notify other participants in shared ownership of the intention to sell their land share.

3. Transactions with land shares provided for in this article may be carried out on the basis of a power of attorney issued by a participant in shared ownership to another participant in shared ownership or another person and certified by an official of a local government body or certified by a notary.

4. Within six months from the date of emergence of the right of municipal ownership of a land share, a local government body has the right to sell this land share to an agricultural organization or peasant (farm) enterprise using a land plot that is in shared ownership. The specified agricultural organization or peasant (farm) enterprise has the right to purchase a land share that is in municipal ownership at a price determined as the product of 15 percent of the cadastral value of one square meter of such land plot and the area corresponding to the size of this land share.

No later than within one month from the date of emergence of the right of municipal ownership of a land share, the local government body of the municipal formation in whose ownership this land share is located is obliged to publish it in the media determined by the subject of the Russian Federation and post it on its official website on the Internet. "Internet" (if available) information on the possibility of acquiring a land share under the conditions provided for in this paragraph. This information is also posted on information boards located on the territory of this municipality.

If none of the persons specified in this paragraph has entered into a contract for the purchase and sale of a land share, the local government body, within a year from the moment the right of municipal ownership to it arises, is obliged to allocate a land plot on account of the land share or land shares belonging to it, subject to non-violation at the same time, requirements for the land plots being formed.

5. In the event of transfer of ownership of a land share to another person, amendments to the lease agreement for the land plot that includes such land share are not required.