Two non-adjacent plots in a garden partnership. How to combine two garden plots into one

Consolidation of land plots (hereinafter referred to as LU) is a procedure that consists in combining two or more adjacent plots into one. Such a procedure is carried out to expand the area of the site, increase its cadastral value, etc. The right to combine land plots is provided for by the Land Code of the Russian Federation (Article 11.6).

Not all land plots can be combined. The possibility of combining only adjacent land plots, that is, those that have one border, has been legally established. A necessary condition for the merging of plots is a land survey. The cadastral engineer is obliged to draw up a boundary plan and send it to Rosreestr.

In the event that surveying of the attached sections has not been carried out, it must be carried out. Surveying consists in carrying out geodetic works on a land plot, with the help of which its boundaries are determined.

As a general rule, the accession of lands belonging to citizens on the right of legal possession is allowed. There are exceptions. It is allowed to merge the storage facilities that belong on the right:

permanent perpetual use on the basis of a lease agreement;
free use.

The above is allowed only when all rights are owned by one person.

In cases where a citizen - the owner of all the attached lands - is alone, he will be the owner of the created site. In the event that the land has several owners, a common shared ownership is formed in accordance with the Civil Code of the Russian Federation.

The land can be mortgaged. Mortgage lands are allowed to be combined. In this case, the formed land plot becomes collateral property.

It is allowed to merge lands of the same category, but with different permitted uses. For example, agricultural land cannot be combined with water fund lands, etc.

Permitted uses may vary. Most importantly, they should not violate the master plan for development. Summer cottages and other SNTs may be located on agricultural lands. IZHS - on the lands of settlements, etc.

Citizens are faced with the question of how to combine the two sites into one. Consolidation of land is not such a complicated procedure as it might seem at first glance. However, all conditions required by law must be met.

Applying

If the owner of the land is one person, then he submits an application initially to the local administration, and after agreement - to the cadastral chamber.

The application must contain the following information:

Name of the applicant;
his place of residence;
the name of the body to which the application is submitted;
cadastral numbers of the combined plots;
categories of land, their intended purpose and existing encumbrances;
attachments with a list of attached documents.

Contacting a cadastral engineer

After submitting an application, a survey must be carried out. It is carried out by a cadastral engineer who has the appropriate certification. An explanatory note is also attached along with the boundary plan. After drawing up the plan, the site is put on registration.

Cadastral registration of law

After all the necessary actions are completed, an application is filled in Rosreestr. It can also be submitted through the Multifunctional Centre. Attached to the application:

title papers;
consent to land surveying from other owners (if any);
other references according to the category of allotment

Rosreestr considers the application and, if there are no violations, registers the right of legal possession, use and disposal.

Today, Rosreestr does not issue paper certificates of ownership, information is registered in the unified state register of real estate upon prior request, which is submitted together with all documents, after registration an extract from the USRN will be issued.

The created memory must be assigned an address. To do this, a citizen must contact the administration of the relevant municipality. Attached to the application:

title documents;
documents on land management activities;
boundary plan;
In some cases, other documents may be required.

The assignment of an address is formalized by a resolution

It is better to assign an address to a land plot immediately after registration of rights to it, since the land becomes a direct part of a particular subject of the Russian Federation, and it will also be easier, if necessary, to defend your rights in court. Another advantage is the possibility of registration in buildings intended for living on a new land plot.

After the merger of lands, the newly created land plot is subject to registration, and the old land plots cease to exist. On average, the cost of land consolidation consists of such components as:

Costs for the work of a cadastral engineer. Prices vary by region. In general, the cost is about 15 thousand rubles.
State duty (for a cadastral passport or extracts). About 1 t.

A professional agency may also be entrusted with carrying out the land consolidation. On average, their services cost about 30,000 thousand rubles.

Legal disputes arising from land consolidation

The most common problem when merging a land plot is a negative answer in the state registration of the right to the created site. In this case, it is necessary to request a written refusal from the regional branch of Rosreestr. Next, you need to study its causes. If they are really justified and there is an error in the merger, it is necessary to eliminate the shortcomings and resubmit the application. However, it happens that Rosreestr unreasonably refuses to register. In this case, there are two solutions:

appeal against the action to a higher authority (a complaint is filed against the decision of the Rosreestr regional department with the federal authority for state registration, cadastre and cartography);
appeal against the decision in court by filing a claim within the framework of administrative proceedings.

Often, problems arise when concluding an agreement with land owners on association. Notarial certification of such an agreement is not legally established. However, many government agencies that you have to apply to require a certified agreement. In this case, their refusals will have to be appealed, while spending money and time. Therefore, many lawyers recommend notarizing the agreement.

Litigation in Dispute Resolution

Let us turn to judicial practice in resolving disputes arising from the unification of land plots.

The Frunzensky District Court of Yaroslavl in the first instance decided on the suit of three citizens. They appealed the decision of the local administration. These citizens had a house in common shared ownership. In fact, the house was located on three plots of land at once. The building was fenced, and therefore established. The administration rejected the request to unite the lands, arguing that it was impossible to identify all of their owners.

The panel of judges, having studied the arguments of the parties, came to the conclusion that the consent of the owner of the house, who was removed from the register and has not lived there for a long time, is not required. Therefore, by its decision, the court canceled the refusal of the local administration and ordered to unite the lands.

As another example, let us cite the decision of the Nurimanov District Court. The following legal situation has developed: the land plot was transferred to the plaintiff free of charge into the ownership of the local administration. Subsequently, it turned out that this land was divided into two independent plots. The plaintiff applied to the administration to combine the memory for free, since they were divided without his knowledge and consent. The administration of the Moscow Region agreed with the citizen's arguments and instructed the cadastral center to carry out work on the unification. This body refused the plaintiff to carry out the work for free, after which the latter went to court.

The court, after hearing the arguments of the parties, came to the conclusion that the unification of land plots should be carried out at the expense of the plaintiff, however, explaining to him the right to file a claim with the local administration to recover the amounts paid, since this situation occurred precisely because of their mistake.

The Solnechnogorsk City Court of the Moscow Region in the first instance considered the case on establishing the area of the united land plot. Due to the error of the cadastral chamber, it is impossible to put the site on the cadastral register and assign it an address, as well as determine its boundaries. The court, having considered the arguments of the parties, decided that the cadastral chamber was obliged to eliminate the violations it had committed and determine the area of the land. The decision of the court is the basis for cadastral registration of the site and compensation to the plaintiff for the costs and expenses incurred by him.

Summing up, it should be noted that when combining land plots, it is necessary to strictly follow all the requirements of the law and protect your rights in case of their violation. The courts in most cases take the side of the plaintiffs only in the case when the public authorities and local self-government made obvious mistakes and violations.

Only their legal owners can combine land plots into one real estate object. To do this, you will need to complete a set of cadastral works, as well as go through the procedure for registering a new land unit and registering the site in the USRN state register.

What is parcel aggregation

The formed land allotment has a number of quantitative and qualitative characteristics - established boundaries, area, category and type of permitted use of land. Each site has these parameters, which allows them to be properly identified among similar real estate objects.

Consolidation of plots of land is a legal procedure, which is characterized by the following nuances:

when merged, the original real estate objects lose their independent existence, and uniform boundaries are determined for the newly formed site;
both one owner of two real estate objects, and different owners can combine plots (in the second case, a shared form of ownership will be registered for a single plot);
when allotments are merged, their category and permitted type of use will be preserved.

Only their owners can merge two adjacent land plots. If a citizen owns neighboring plots on a leasehold basis, in order to merge, he needs to contact the landlord (owner of the land) to obtain permission and complete all necessary documents.

The most common option is to combine adjacent plots owned by one citizen. In this case, there is no need to allocate shares to the newly formed allotment, it will be transferred to the individual ownership of one person.

In order to unite land plots, it is necessary to establish their characteristic boundary points. This

the procedure is carried out as part of the cadastral work and is fixed in the form of a boundary plan for the newly formed site. Performing all the necessary actions to merge sections can be represented as a step-by-step instruction:

making a decision by the owners of adjacent allotments or the sole owner of these objects;
appeal to the cadastral engineer to carry out survey work and determine the boundaries of the newly formed allotment;
coordination by the engineer of the boundaries of the new site with the owners of adjacent allotments and execution of the corresponding act;
making a boundary plan;
appeal to the cadastral authorities of the Rosreestr service for registering a new site and registering rights.

Of key importance is the conduct of land surveying by an engineer, since the ability to put it on cadastral registration will depend on the correct determination of the boundaries of the combined site.

For land surveying, data on the original land plots entered in the USRN are used. If the land has not been registered with the cadastre (such cases are possible if the plots are in the municipal fund or were acquired before 2013), after their merger, this procedure will be performed by the Rosreestr service.

After the engineer determines the boundaries of the new allotment, they must be agreed with the owners of adjacent real estate. If problems arise at this stage (one of the neighbors refuses to agree on boundaries), the dispute can be referred to judicial institutions. If there are no disagreements, all right holders of adjacent plots sign a single act of agreement, which will be an annex to the boundary plan.

The boundary plan will be the basis for registering the object with the cadastral authorities and registering rights, this is indicated in Article 14 of Federal Law No. 218-FZ. Its content includes a description of all the characteristics of the new object - area, boundaries, attitude to landmarks on the ground, etc. The information from the specified document must correspond to the data from the state register of the USRN, otherwise the cadastral registration will be refused.

In order to properly record all data on a newly formed real estate unit, the following nuances must be taken into account:

when a new plot is formed, it will be assigned a unique cadastral number, while the cadastral numbers of pre-existing allotments are canceled by the Rosreestr service;
data on the original plots are excluded from the state register of the USRN, and information about the new real estate object is entered into the specified federal database;
in confirmation of the actions taken, the owner or several owners will receive an extract from the USRN state register.

After receiving an extract from the state register, the procedure for combining land plots is considered completed.

Where to go

Carrying out cadastral registration and registration of rights to a newly formed plot of land can be carried out in the following ways:

by contacting the territorial department of Rosreestr;
by submitting documents to the institution of the Multifunctional Center;
by filling out an electronic application form through the public services portal.

In each of the above cases, the applicant must submit a standard package of documentation, the list of which is determined by Federal Law No. 218-FZ.

The documents for carrying out the procedure for merging land objects include:

title documents for land (certificate of title, extract from the state register of the USRN);
lease agreements, as well as the permission of the landlord to combine land;
boundary plan prepared by a cadastral engineer;
general civil passports of the right holders of adjacent plots;
a completed application form for registering an object and carrying out registration actions;
payment order confirming the transfer of state duty.

All of these documents required to combine adjacent plots of land are submitted to the Rosreestr service in the form of originals.

At the moment, my parents officially gave me their land, and in fact I became the owner of both. But the chairman of the association refuses to merge the two sites into one, arguing that two sites were registered and contributions must be paid from both, which is of course unprofitable for me. As well as to perform any legal actions (i.e., I will have to donate or sell not one, but two separate plots). Are there any laws that would allow the chairman and/or the association meeting to refuse to join me? Are there any laws that will help oblige the board of the partnership to grant my application? Lawyer's answer: You should look for the answer to the question in the norms of land legislation, which mainly do not prohibit the merging of adjacent plots and their transformation into one (clauses 1 and 2 of article 11.6 of the Land Code of the Russian Federation).

Snt - how to combine two land plots of the same owner into one?

The final stage will remain - this is the registration of ownership of such a single object, formed from 2 plots, and from that moment on, 2 land plots that belonged to you will cease to exist (FZ dated July 21, 1997 No. 122). After receiving a certificate of ownership of the land, you can provide a copy of it to the chairman of the SNT, so that he makes the appropriate changes to the plan.

It should be concluded that any permission for the process of combining 2 land plots belonging to you will not be required from the board of SNT. But on the issue of paying membership fees, you should contact the SNT and study the Charter and other documents of the partnership, since their content will depend on how you have to pay fees.

Alternatively, the Charter may determine the amount of contribution from 1 hundredth.

Is it possible to merge two neighboring plots with different cadastral numbers into one?

You can combine them, but this requires the consent of all owners, in writing.

You can combine only land that has the same category and purpose, as well as located on the territory of one municipality.

If your plots do not meet the requirements of the Land Code, the decision of the owner to combine land plots will be canceled until the errors are eliminated. The nuances of association Above, we talked about the association of owned objects, but this is not the only basis that gives a person the right to use and, to one degree or another, dispose of land.

Error 404

Attention

My friend is the owner of the land intended for the construction of a fishing base ... Ownership and demolition of the building My father-in-law owns a building in the Moscow region.

Info

All documents for the building, except for the land, are issued. The administration of the settlement decided to demolish the building and build new facilities on this site ... Reimbursement of expenses incurred in the process of preparing claim materials for court hearings I filed a lawsuit in court for the allocation of part of the housing construction and a land plot in kind.

I had to pay for the services of a surveyor to determine the boundaries of the land plot, put it on cadastral registration ... Allocation of a share in kind and payment of compensation to co-owners I am the owner of 1/4 of the household. When allocating my share in kind in civil proceedings, the court ordered me to pay compensation to the co-owners ...

Combining two plots into one in snt

Where to start the association? 2015-01-28 19:23:50 reply Snegiri In order to combine two, necessarily, adjacent plots, you will need to write an application for the procedure for combining land plots belonging to you and your spouse. Be careful, before applying, make sure that both sites have an identical land use category.

Also, the total area of your newly formed plot should not exceed the minimum and maximum maximum allowable sizes established by law. Land surveying 2015-01-29 01:31:58 reply Somehow everything already sounds serious with you.

And if we build a house without combining land? 2015-01-29 18:45:23 reply Bullfinches 2015-01-29 22:29:00 reply Tell me this is a very complicated procedure? 2015-01-30 02:46:32 reply Bullfinches Yes, by and large no.

Combining two or more parcels of land into one

The Land Code of the Russian Federation, which describes all the procedures necessary for cadastral registration of a newly formed object. How the association is carried out under the law, and what are the requirements for adjacent areas, we will consider below. Content

The concept of association of land
Requirements for land consolidation
The nuances of combining adjacent plots
How to merge two sites into one? What documents are needed?
How is the bridging procedure going?
Combining two parcels into one cadastral number
Deadlines for land consolidation
The cost of land consolidation

The concept of land consolidation Land consolidation is one of the types of cadastral work, requirements, the course of the procedure and other parameters that are regulated and described by law.

Consolidation of several land plots into one

Before registering the united plot in the Cadastral Chamber, it is necessary to solve the identified problems. Since only adjacent sections can be merged, the boundaries of which were previously established, it is not necessary to notify neighbors.
Combining two parcels into one cadastral number The last step is to register the new parcel with the Cadastral Chamber. The procedure for putting land on cadastral registration is regulated by Federal Law No. 221.
Previously, it was necessary to first register the site in the cadastral chamber, and then, after temporary registration, formalize the ownership. Now the procedure is simplified due to the fact that both applications are submitted simultaneously.

Consolidation of land, personal experience

What is the association of plots Formed land allotment has a number of quantitative and qualitative characteristics - established boundaries, area, category and type of permitted use of land. Each site has these parameters, which allows them to be properly identified among similar real estate objects.

How to merge adjacent land?

To do this, you will need to contact a cadastral engineer who will check all the documentation you submitted. This work is necessary first of all in order to exclude cadastral errors, the possibility of crossing the boundaries of your land with neighboring plots. To do this, the engineer will carry out work to clarify the boundaries and area of the newly formed land. In addition, a personal agreement will be made on the possibility of carrying out such work with neighbors on the land plot and a boundary plan will be formed, which will be subsequently verified by Rosreestr, and based on the results, you will be able to obtain a cadastral passport for the combined land plot.

If we start from the norms of the Federal Law of April 15, 1998 N 66-FZ, which establishes the concepts of membership fees (Article 1), membership in the SNT (Article 18), as well as the obligations of members (Article 19), including on the payment of dues, it should be recognized that payment should be made from members of the CNT. That is: 1 member - 1 contribution. I note that it is necessary to study in detail the Charter of the SNT, since it may reflect the features of the payment of such contributions. Ask your question to a lawyer! Some other answered questions from the Land Law section: Is it possible to build a house on agricultural land? I want to build a house. But acquaintances say that construction is prohibited on this land, because it is for agricultural purposes. Is it so? Is it allowed...

How to combine two garden plots into one

A land user can also receive it on other grounds:

Perpetual permanent use.
Free term use.
Lifetime inheritable possession.

In this case, the association is also possible, but subject to certain requirements of the law. For example, if you own several contiguous parcels with the same rights, you can merge them into one.

After that, you will have the right to use the new site without changing the conditions. This possibility is enshrined in Art. 11.8 of the Land Code.

Another nuance that must be taken into account before proceeding with the merger procedure is the presence of an encumbrance. Let's take an example. You own several parcels that you plan to merge. One of them is on hold.
The consent form is filled in by each owner and certified by signature.

Come to an agreement with the interested parties (if there is an encumbrance).

1. Reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, division, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.

3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.

4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.

5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.

6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its successor, the newly established legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.

7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.

8. Upon state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.

9. State registration of newly created as a result of the reorganization of horticultural, horticultural or dacha non-profit associations and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.