There are various form of ownership to the ground. Under the general it should be understood that one site belongs to several people at the same time. In this case, there is no mixed, collective or any other form of land ownership. There is only a plurality of subjects. 
Key Features
Common property may be divisible or indivisible. In the latter case, it may be inherited real estate, which due to design features cannot be divided. Such is also the ownership of land under an apartment building.
Classification
Common property subdivided into equity and non-equity. The first, in accordance with paragraph 3 of Art. 244 Civil Code is considered the rule, and the second - the exception, which is expressly provided for in the law. In this regard, education under a joint ownership agreement is excluded, acting as contrary to the norms. This provision is established in Art. 168 Civil Code.
Execution of obligations
The property of the owner includes a share in common law. In this regard, creditors who require fulfillment of obligations may declare a foreclosure on such part. Previous legislation did not allow this possibility. If, for example, there is a joint shared ownership of the house, then the part to be enforced must be determined without prejudice to the remaining owners. They have the opportunity to purchase this part. In law, it is called the right of preemptive purchase.
Given this, Art. 255 h. 2 of the Civil Code allows the creditor to demand that the debtor sell his part to any other owner. The proceeds in this case will go to repay the loan. In the interests of the collector, the sale of real estate at the market (real) price, and not at a reduced price, in which owners, purchasers or alienated property may be interested. Other owners may refuse to purchase parts. In this case, the property that falls to it, by decision of the court, may be sold at public auction.
This provision protects the interests of the debtor, who with this method of implementation can receive the maximum possible amount. At the same time, the creditor itself cannot acquire property. Otherwise, this would violate the right to preemptive purchase of the co-owners.
In case of their refusal, the option of selling exclusively from public auction is possible. In this case, such manipulations are possible if it is shared ownership to house and land. A person who is not connected with other participants in personal trusting or family relationships cannot become a participant in the legal relations of the second category. In case of non-share ownership, the creditor can only demand to allocate the property of the debtor. And only under this condition, real estate can be foreclosed.
Shared ownership of home and land
This category essentially requires a clear definition of the parts of the participants-owners of the common property. Shared ownership of the house and land is regulated by law or is determined by agreement. Upon inheritance, part of the successors of one queue, in accordance with the rules, are recognized equal. This provision is established in Art. 532 h. 1 Civil Code of 1964.
If, by agreement of the parties, conditions for the size of the parts are not provided, then they are also set equal. This provision is recorded in Art. 245 p. 1 of the Civil Code.In this case, the participants have the opportunity not to directly determine their share in the right to common real estate. This means their equality - separation by quantity. Moreover, land in the ownership of an apartment building, as mentioned above, is considered indivisible. This means that if the area was transferred to the two heirs under the law, they cannot determine their part of the plot under the building. You can not allocate part of the apartment with the ground under it.
New rules
They relate to those improvements that are made in the common real estate by one of the owners. These rules are relevant given the continued nature of the relationship regarding the use of property. The law provides an opportunity for owners to agree on the procedure for changing their parts in accordance with the contribution of each of them to the increment of property. In the absence of such an agreement, the rules of paragraph 3 of Article 245 GK. According to them, the nature of the improvements that have been made will be of value.
Important point
Improvements that can be separated from the main object of common ownership without causing disproportionate damage to the economic purpose, in accordance with the general rule, passes into the ownership of the participant who made them. That is, they do not constitute an object of common property.
By agreement, improvements may remain in the property. However, in this case, a proportional increase in the part of the owner who produced them is provided, provided that the actions were performed by him at his own expense and in the prescribed manner, that is, they concerned that part of the real estate that was provided specifically for him to use.
For example, there is shared ownership of a residential building, and the owner of his unit attached an annex to it. He can use the general rule. Due to the fact that the common property has become larger at his expense, he is entitled to demand a corresponding increase in his part. In this case, the extension will be part of the entire building. It will not be the property of its owner.
Order of disposition
If the house and land are owned by several people, then all actions with them can be carried out only by unanimous agreement. This, in particular, relates to the disposal of property. This procedure is established in the first paragraphs of Articles 246 and 247. In the event that there is no consent of at least one owner, this or that method of disposal can be implemented only in accordance with a court order.
The law determines that any owner may dispose of his part at his discretion. At the same time, shared ownership of the house and land can be preserved. That is, it is not necessary to isolate your part in kind. The object of the transaction in this case will be the right to a share in the common property, and not specifically a part of the real estate. However, in case of compensation by way of sale or exchange, it is necessary to comply with the rules established in Art. 250 Civil Code on the possibility of preemptive purchase of other owners.
Matching parts
Quite often in practice there are cases when it is impossible to achieve absolute equality of the shares that are really allocated to the property. For example, according to the law, two heirs received a building with three rooms. In this case, the owners themselves establish the procedure for using shared real estate, at least approximately corresponding to their shares.
If one of the owners is provided with a smaller part, then the remaining owners are obliged to compensate for the infringement of property interest. This can be achieved, for example, by reducing its share of payments and maintenance costs of common property.
In accordance with Art. 249 CC, each owner must participate in the payment of taxes and make other payments that relate to property.These provisions apply to the legal regime of income, products, fruits, and crops that are obtained from the use of common property. All this also becomes the common property of the owners and is distributed in proportion to the available parts. But in accordance with the agreement of the parties, the separation can be carried out in another way. 
Termination of shared ownership
Each participant has the right to withdraw from these relationships. This can be done through the alienation of its share to third parties, the allocation or division of common property. When one of the owners sells their part, the rest may demand that it be sold to them at a set price and on other conditions.
In accordance with the preemptive purchase rule, the alienating owner is required to notify the remaining owners in writing of their intentions. The latter have the opportunity to purchase part of the property within a month from the receipt of the notice. After the expiration of the term, the alienator may sell his part to a third party. In case of violation of the rules of preemptive purchase, any of the co-owners may, in a judicial proceeding, demand the transfer of the obligations and rights of the buyer to it. This means that he is obliged to pay the set price and fulfill other terms of the transaction. The pre-emptive right to purchase also applies to exchange of shares, but not to gift. Assignment of this opportunity in the order of assignment is not allowed.
Legislative framework
In Art. 251, the moment when the share in the right passes to its acquirer is clearly defined. He becomes the full owner from the date of conclusion of the alienation agreement, unless otherwise provided in the agreement of the parties. Due to the fact that in this case the object of ownership is the right, and not property, then the procedure established in Art. 223 Civil Code. In addition, in contrast to the principle that is enshrined in this article, the norms of Art. 251 establish contractual arrangements. This is a completely different scheme for determining the moment of transition. 
Land Features
How is the land under the house made into property? For plots that are in actual use with buildings located on them, which were acquired but not registered as a result of transactions prior to the entry into force of the Law of the USSR dated March 6, 1990 No. 1305-1, the right to free acquisition applies. These rules are regulated by Art. 36 LC RF.
According to paragraph 1 of Art. 2 of Federal Law No. 137, land owned by the municipality may be purchased at preferential prices. Persons who purchased real estate after the year 2002 redeem allotments at a cost equal to thirty times the rate of tax per unit of land area. The defining criteria for applying the preferential price will be the ownership of the building and the absence of another procedure for acquiring land for owners who became such until 2001.
