The President of Russia in 1991 issued a Decree, on the basis of which the beginning of the reorganization of collective farms was laid. The main objective of this event was to increase the number of citizens who own a land share. Most of the workers on collective farms and state farms were allocated plots.
General concept
So, a land share is a part of the land in the aggregate array, 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 rent a land share. There are no exact recommendations in the law about how many hectares are enclosed in one unit. Thus, the site can have any size, originating from several hundred parts.
Before turning to the question of how to sell a land share, let us dwell in more detail on the definition itself.
Land share - what is it?
The area of a land share is measured in hectares, calculated per person. Such sites have no real borders; their sizes are written solely on paper. Sometimes the location of the site may not even be indicated. The right of each shareholder to share ownership is confirmed by a special certificate. This document contains the following information: size of the share, agricultural purpose of these lands (meadows, arable land, pasture, etc.), point-hectare assessment. That is, the equity share is not the land itself, but only the right to own a certain part of the collective farm's former property. Establishing the real boundaries of your site can only be possible after a series of procedures. The owner can use the unit in accordance with its purpose, that is, for sowing vegetable crops, grazing or other agricultural activities. In addition, the owner has the right to inherit, donate or sell this land. In exercising his rights, the shareholder is obliged to take into account the interests of other owners.
Features of the sale of shares: step by step instructions
So, we have come to a key point in how to sell a land share.
When selling a unit allotment, there are some nuances. Since the boundaries of this section are virtual, identifying them on the ground is very problematic. That is why for the sale of a land share, you must first contact the land survey committee to allocate a share. Only after the implementation of this procedure will the share become a real land plot and now it can be sold for a certain amount.
There is an established procedure for registration, which requires:
- Notify about your desire to allocate a share of other equity holders. This can be done using mail notifications (with a small number of participants) or by publication in local media.
- Pre-establish the actual location of the site in question, as well as designate it on the plan.
- Collect shareholders and get a copy of the protocol where the decision should be recorded. If it is impossible, you must obtain the consent of each shareholder in person. The issue can also be resolved through the court, if there is no way to obtain permission in another way.
- Go to an organization that is engaged in land surveying to establish borders, and then get an act on the demarcation of the site.
- It is necessary to check the results of land surveying in the Land Committee.
- Get a cadastral plan for the plot and register the number.
- Take a certificate of ownership from the Registration Chamber.
- To issue a “sale and purchase” agreement according to a standard model.
It should also be noted that a refusal to purchase a land share by the local administration should also be recorded. With the number of shareholders up to five people, their refusal from a priority purchase is notarized. Notarization also requires the consent of the wife or husband for the sale and the contract with the buyer. The last document will be further on what the registration of the rights of the owner 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 papers:
- passport;
- those documents that determine the right of ownership of this allotment or extract from the Unified Register of Enterprises;
- minutes of the joint meeting or other papers that confirm the existence of a notice to other shareholders;
- spouse's consent to the sale of a land share;
- certificate confirming the absence of tax debts;
- duty receipts;
- an act of evaluation by an independent expert of the value of a given plot, if any.
It should be borne in mind that when the site is under arrest or pledged to a bank, it is not allowed for sale.
Who is allowed to sell their share?
It is necessary to begin with the fact that the local administration, as well as other interest holders, enjoy the pre-emptive right to acquire the land. In this case, unit lands are similar to a communal apartment. Each owner has the right only to part of it, and it is impossible to realize their own meters or hectares without the consent of the others.
If any conditions are violated, the transaction may be disputed in court. In addition, it is not permitted to declare such an initial value that will be higher than that at which the share will eventually be sold.
If the price of the plot is reduced during negotiations, it is necessary to notify the administration.
In addition, a share can be sold not only to the administration or to any of the equity holders, but also to commercial organizations or unauthorized persons. In this case, there is only one condition - they must be Russian residents.
What determines the value of a land share?
In addition to how to sell a land share, many are interested in what price it can be done.
The owner of the land has the right to independently determine the value of the unit belonging to him, while he must inform the local administration about the price. How much is a land share? Its price consists of various factors, among which the main ones are the proximity to major cities and the availability of transport interchange. The location of the unit 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 in the hands of the seller. A similar plot can be sold at a higher price.
Usually the assessment of land allotment is carried out according to the following parameters:
- land condition;
- soil fertility;
- plot size;
- availability of communications and roads.
It should be noted that even in one region, prices can vary by an order of magnitude. That is why, when determining the value of a share of land, it is necessary to focus on similar plots with approximately the same parameters. If in doubt, it is best to contact an independent appraiser in order not to regret the loss of profit later. It should 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 deed of gift for his relatives or strangers.
How to sell agricultural land share?
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 plant growing or animal husbandry. In addition, exploitation for educational or research activities is permitted. Observing certain conditions, the owner can dispose of the land share 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;
- hay meadows;
- pastures;
- forests or nature reserves;
- forest belts.
Such sites can be provided to legal entities or citizens for beekeeping, animal husbandry, vegetable growing and other economic activities. It is allowed to place fences, awnings, apiaries and other temporary buildings on them.
When selling a land share of agricultural purpose, it is necessary to act as in the previous case. Due to the fact that this product has a certain specificity, it is quite difficult to find a buyer. The status of such sites allows them to be used for a specifically defined purpose. In addition, they are usually located outside the village. Since there are highways, artificial protective plantations and forests nearby, the possibilities of using such land are significantly limited.
What affects the cost?
Allotment value is affected by:
- location;
- location features;
- site assignment;
- fertility rate.
Naturally, in each case there will be an individual price. Usually it depends on the region. It should be noted that the contract of "sale" of a unit of land for agricultural purposes does not differ from the usual one. However, it must necessarily indicate the specific conditions for the use of the site or their absence.
The above material gave an exhaustive answer to the question of how to sell a land share of agricultural purpose.
What else do you need to know?
According to the Federal Law under number 101, a shareholder can be removed from the owner if he does not properly cultivate the land or allows such actions that impair its fertility. The buyer should keep this in mind.
It is worth noting that the privatization of the land takes a lot of time. So, from the moment of notification to the general meeting of shareholders, a month should pass, and the verification of the results will take the same amount. Queues for land surveying can be expected for two years. That is why it is recommended to take care of the design in advance and then proceed with the sale.
Based on the information given in the article, the question of how to properly sell a land share should not lead those interested in a stupor. The main thing now is to correctly use the information received.