The concept of land consolidation

When two (or more) adjacent land plots are combined into one, a new plot appears in the official state cadastre, and the combined adjacent ones cease to exist as real estate. Title to the new lot is given to the owner of the original lots, and if the original lots were owned by different people, then those people will have the new combined lot in common ownership.

It is necessary to take into account that according to the Land Code of the Russian Federation, the merger of land plots granted ownership on an indefinite right of use, lifelong inherited possession or by the right of free use to different persons is not allowed, but if all these plots are owned by one person, then he may well combine them according to to your will.

Ownership of the newly formed land plot

As a result of the union of two or more adjacent plots, a single territorial unit arises, and the existence of its constituent plots ceases.

The following rights may arise in relation to the forms of ownership of a consolidated plot:

• if the lands had one owner before the merger, then after their merger the resulting land plot also completely passes on the right of ownership to the owner of the primary plots.
• when connecting lands belonging to different owners, the newly formed allotment comes at their disposal on the basis of joint ownership.
• If there is a merger of plots that were previously in common ownership of different persons, then after the merger each of the owners becomes the owner of the newly formed plot on the basis of joint ownership.

After completing the unification procedure, you will need to re-register your right to own the land.

Re-issuance of a certificate is carried out according to a simplified procedure and requires the submission of the following documents:

• owner's passport;
• act on the unification of land plots;
• title documents for the site;
• consent from other owners if one of the plots is owned by another person.

Land consolidation is a fairly common procedure and is supported by legislative acts that clearly define the conditions and sequence of actions of owners for its implementation. First of all, the success of the procedure for merging land plots depends on the availability of all necessary documents and the involvement of a competent cadastral specialist. Next, the combined plot is registered as an independent object, as a result of which ownership rights to the previous plots are terminated. All registration procedures are carried out either through Rosreestr or through the territorial Multifunctional Center. If you strictly follow the instructions, paperwork will not require a lot of time, and the owner’s costs will be mainly of a material nature (to pay the fee for registering property and the services of land surveying specialists).

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Conditions for combining land plots

The legislation specifically stipulates the requirements for initial sites, in particular:

• in addition to their contiguity, boundaries should be established in accordance with government regulations;
• In these territories, characteristic points must be fixed with due accuracy. If it turns out that the accuracy is lower than required by the standards, it will be necessary to further clarify the boundary points of such a section;
• The merged plots must belong to the same land category. In some cases, when the owner of a new plot will choose the type of its use, this rule may be violated;
• the initial sites must be geographically located in the same locality (municipal entity);
• if it is planned to unite land plots that are provided for indefinite use, inherited for lifelong ownership or are in urgent free use, they must have one legal holder;
• when merging plots, the permissibility of using the real estate located on them must be maintained;
• the formation of new plots should not cause disadvantages in the area that impede the protection of lands and their rational use: wedging and interspersing, brokenness and striping, and also violate the requirements,
• established in the Land Code of Russia and federal legislation.

In addition, the legislation separately stipulates the requirements for the maximum limit of land size, which must be observed for new territories.

Why is land consolidation carried out?

To begin with, the owner must submit a written application to merge adjacent land plots. It is also necessary to comply with the condition that the type of permitted use and intended purpose of the merged land plots remain unchanged.

Only adjacent territories are allowed to combine several land plots into one, regardless of how many owners own them. If there is only one owner, he will be the sole owner of the united plot of land.

In cases where there is more than one owner, the property is recognized as common - shared. According to the provisions of the Land Code, the association of land plots is carried out by both individuals and legal entities.

List of reasons when consolidation of a land plot is necessary:

1. In order to increase the market value of its territory. In the real estate market, several small plots are cheaper than large land.
2. Simplification of the cadastral registration procedure. Most often, this is used by legal entities and organizations, since it simplifies tax accounting and facilitates the transfer of payments to state tax services.
3. Some owners seek to combine two or more plots to build a large residential building, thereby eliminating the hassle of obtaining a building permit.

The owner's decision to combine land plots into one

If the owner wants to combine the land plots belonging to him into one territory, then he cannot do without the help of specialists in order to comply with all the rules specified in the regulations, but also to embody all his own ideas. Indeed, in each case, legislative nuances of such a procedure may appear.

To carry out the consolidation of land plots in any option, it will be necessary to carry out preliminary surveying, which is, in fact, a set of works, which, among other things, includes calling cadastral service workers to the site to carry out geodetic measurements using equipment using satellites and fixing the boundaries of the new plot with conventional boundary lines signs.

Based on the results of the procedure, a boundary document (plan) is drawn up that complies with the standards prescribed by law.

If the original site is leased

The formation of a land plot is permitted with the written consent of land users, landowners, tenants, and mortgagees of the original land plots. Such consent is not required if:

1) formation of land plots from land plots that are in state or municipal ownership and provided to state or municipal unitary enterprises, state or municipal institutions;

2) the formation of land plots on the basis of a court decision providing for the mandatory unification of land plots.

If you have questions about the topic of land consolidation, write in the comments!

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How to remove a property from the cadastral register?

While many happy owners of real estate are in a hurry to register it with the cadastral register, some are concerned about another question: how to remove a property that has ceased to exist from the cadastral register?

How to appeal a decision to suspend cadastral registration?

Having collected the disk with the technical or boundary plan from the cadastral engineer, the applicant goes to the MFC. Upon expiration of the period for consideration of documents, the applicant must receive an Extract from the Unified State Register of Real Estate (USRN).

Real Estate Registration Law

On July 13, 2020, Federal Law No. 218-FZ “On State Registration of Real Estate” was adopted.

Cadastral registration of a consolidated plot

After carrying out cadastral work and drawing up a boundary plan, you can proceed to the legal registration of the new site in the State Property Committee. In this case, the provisions listed in the Cadastre Law (Federal Law No. 221-FZ) must be observed, namely:

• information about the newly formed territory entered into the cadastre is initially temporary;
• all existing restrictions (as well as encumbrances and easements) of the original plots (if they did not arise as a result of the signing of contracts) in relation to the new plot are preserved to the same extent;
• if the new site was not assigned an address according to the established rules, a detailed description of its location is indicated in the State Property Committee.

If we talk about obtaining an address for the land, it is more convenient to do this after the geodetic work is completed, but before the cadastral registration process begins, since it takes less time for the owner of the new territory. However, the law does not prohibit assigning an address to a new plot after its cadastral registration.

The consolidation of plots becomes legally finalized when the state registration of ownership of the new plot takes place, and the accounting authorities, having received information about its implementation, assign the status of “archive” to the previously separated plots.

Decision on consolidation of land plots

The owner's decision to combine land plots is required when the owner wants to have one instead of two or more plots. All plots are combined into one, resulting in one certificate (USRN extract). The coordinates are combined, the area is summed up, and a new cadastral number is assigned to the site. When registering ownership of a newly formed plot, the previous plots terminate ownership. The plots are removed from the cadastral register.

How to format it correctly.

OWNER'S DECISION ON COMBINING LAND PLOTS

Moscow region 01/01/2020.

1. I, full name ____________ (passport details),

I am the owner of two land plots:

1.1 land plot 1 (description of land plot)

The specified land plot belongs to (foundation documents);

1.2 land plot 2 (description of land plot)

The specified land plot belongs to (foundation documents)

1. Land plots with cadastral numbers No.___________ and No.___________,

not sold to anyone else, not given as a gift, not pledged, not in dispute or under arrest (ban), not burdened with the rights of third parties.

1. Being of sound mind, clear memory, acting voluntarily, I decided to merge the above two land plots, as a result of which the following land plot is formed: (description of the plot)
2. The land plot specified in clause 3 is not encumbered.
3. Ownership of two land plots with cadastral numbers: No. and No. is terminated.
4. This decision comes into force from the moment it is signed.
5. The ownership right of the owner to the formed land plot in accordance with paragraph 3 of this decision arises from the moment of state registration of ownership rights in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region.
6. This decision is drawn up in two copies, one of which is stored in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, the other is issued to the owner.

The procedure for combining land plots and documents for its registration

To unite land plots, each of them must be officially registered in the State Property Committee, as well as in the register of ownership of real estate. Registration must be supported by appropriate documentation. The merged areas must have the same purpose and common features.

List of required documents:

• Documents on ownership (state act on the right of ownership (use), lease agreement, certificate) and the presence of a cadastral number.
• Documents confirming the emergence of proprietary rights (purchase and sale agreement, certificate of inheritance, agreement on gift, exchange or lifelong maintenance, decision of executive authorities or court, as well as local council, administration order, etc.).
• Personal documents of the owner (user) of the plot: for citizens - a copy of the passport (first and second page and registration) and TIN code; for legal entities - a registration certificate, a copy of the Charter and a tax payer certificate and a certificate from the USREOU.
• If the site is developed, then documents confirming that the buildings have registered owners.
• For non-agricultural lands - a certificate of address confirmation.

If the plot is located within the boundaries of a garden plot, then documents from its managers will be required (certificate with the plot number, certificate of the garden society, certificate confirming registration, copies of the Charter, tax payer certificates, certificate of the garden society from the Unified State Register of Enterprises and Organizations).

The procedure for merging areas will be as follows:

• writing a statement of consent with the association from a notary, signing an agreement with land managers;
• preparation of documentation and its approval;
• obtaining an extract from the State Property Committee and a certificate of ownership.

What happens when land is merged?

A sample agreement on the consolidation of land plots is a document that reflects one of the options for forming a new plot ( Article 11.2 of the Land Code of the Russian Federation ). You can view and download here: [Sample agreement on the consolidation of land plots]. The main condition for merging plots is reflected in Article 11.6 of the Land Code of the Russian Federation : contiguity of plots. When a new site is formed, the legal existence of its constituents ceases. The consequences of the formation of a new plot are that the citizen is vested with the rights of the owner of the newly created property.

Attention. If you have any questions, you can consult with a lawyer for free by phone throughout Russia. Calls are accepted 24 hours a day.

IMPORTANT: the law provides the possibility of association not only to owners, but also to those who use property on the basis of the right of permanent (perpetual) use, free use or lifelong inheritable possession. But the procedure for combining two plots into one is somewhat different if we compare a similar process with the property regime. Two such plots can be formed if their owner is one person .

The pledge does not act as an obstacle to the formation of a new plot. The encumbrance is transferred to a new object, unless a different procedure is prescribed by law.

Cancellation of land consolidation

According to the Federal Law on Cadastre (No. 221-FZ), deleting information about a consolidated land plot from the State Property Committee is possible, since when a new plot is registered in the cadastre, according to the law, temporary information is entered, which is such until the rights to the formed the object will be registered officially or after five years from the date of registration of the object.

After this, deregistration of the plot is possible only when it is converted real estate and, in accordance with the law, the decision on its formation can be canceled.

Consolidation of land plots

The content of the article:

Land plots adjacent to each other can be combined into one new plot. As a general rule, only their owners can do this. If both plots are owned by one citizen, then he becomes the sole owner of the real estate created by him. If the plots belonged to several entities, the consolidation of land plots can occur in the regime of common ownership. Chapter 16 of the Civil Code of the Russian Federation allows a common land plot to be divided into shares. Each of them will belong to citizens as owners. During the merger, they will need a sample owner’s decision to merge land plots (you can view and download here: [Sample owner’s decision to merge land plots]).

Cost of merging plots

No specialist will be able to tell you exactly how much the procedure for connecting land plots might cost unless he has information about your specific plots and the situation with documents and other information about what needs to be done. There are several criteria for assessing the cost of cadastral services, such as:

• complexity of the work ahead;
• area of ​​objects;
• Accessibility by road;
• additional costs for the provision of related services;
• the presence or absence of any documents.

After a cadastral service specialist has visited the site, he will be able to assess in more detail the scope of the upcoming work and tell you the exact (or estimated) price that you will need to pay for preparing your plots for cadastral registration.

Application for consolidation of land plots (sample claim)

An application for consolidation of land plots is submitted after both owners agree to initiate this process. After the merger of the plots, a single territory is formed. If it was owned by two people, a right of common ownership arises. If there is an encumbrance on one of these plots, the lien will apply to the entire newly formed plot in the absence of another agreement between the subjects.

To form 2 plots into one, owned by private individuals, you must:

1. Make sure that the sites have the same category and intended purpose. If there is a discrepancy between these data, it should be ensured that they have the same VRI. At the same stage, make calculations: whether the new plot after the merger will not exceed the dimensions established by law.
2. Carry out land surveying. To carry out this procedure, interested parties must obtain permission from neighbors. The presence of a positive response indicates that they have been notified and have nothing against initiating the process. Next, you should invite a cadastral engineer, he will carry out all the necessary work.
3. Title documents for the original plots. In case of placing the boundary plan in an electronic database. The application must indicate its number, and the document itself does not need to be provided.

After completing all these steps, you can start preparing an application and then submit it to the authorized body.