The issue of redistribution of various land plots can rightfully be considered relevant. Moreover, it requires a thorough approach and competent control. Therefore, it makes sense to pay attention to this topic.
general information
If you pay attention to the legislation, you can find out that the formation of land by redistribution is a fairly popular method of officially changing the boundaries of territories that are assigned to an individual, legal entity or state body.
The essence of this process is quite simple: the redistribution of a certain number of adjacent sites allows the formation of several new territories. The previous borders cease to be relevant.
As for the rights of owners of those plots that were abolished in the process of redistribution, it remains, but with new borders. The nuances of owning new territories are detailed in the corresponding agreement.
Why do we need a similar procedure
Reasons to redistribute land boundaries, there may be mass. But the key is always the fact that the owners of adjacent territories are no longer satisfied with the existing borders and they make a joint decision to change them.
An example is the situation where the location of the communications made forces the owner of the conditionally first site to lead them through the territory of the second, which he, accordingly, does not own. Such actions can significantly affect the value of the neighbor’s land due to the difficulty of supplying communications or create a conflict between the two owners.
It is in such circumstances that the above method will be relevant, through which the boundaries are changed in such a way that the eyeliner becomes available for each of the land owners. To do this, often the sites are first combined, and then separated, according to a previously approved boundary plan.
It is important to remember that copies of documents establishing the right to a land plot must be attached to the application for redistribution.
Redistribution of land plots that are part of municipal property
Similar procedures in the case of municipal lands are possible under the following conditions:
- First of all, these sites should not be made available to public authorities, legal entities and citizens. Moreover, encumbrance with the rights of third parties is excluded.
- All land plots are granted on the same type of right, and to the same person.
The agreement on the redistribution of land is the basis for action with municipal and state lands. The agreement itself is concluded between the authorized bodies. It should reflect the obligations of both parties related to the provision of land.
When redistribution of land is not possible
Continuing the theme of municipal lands, it is worth paying attention to the conditions under which the change of the boundaries of specific land plots owned by the state cannot be made, despite the fact that there is an agreement. The following will list the factors that block this process:
- the need to clarify the boundaries of a particular site on the basis of the Federal Law "On the State Real Estate Cadastre";
- if the deadline for the decision on the preliminary approval of the provision of the municipal plot has not expired or it has been put up for auction;
- in the case when a request was received for the provision of land to a state body and it was not canceled;
- Based on the current legislation, the reasons for the redistribution of land, in particular the scheme of changes, cannot be accepted and approved.
The need for land surveying
Regardless of the circumstances under which the redistribution of land is carried out, the boundary plan is a prerequisite for the effective solution of this issue. The land surveying procedure includes a certain range of works, including the participation of specialists who carry out geodetic measurements of a particular site. They also fix temporary boundaries of land.
As a result of the work carried out (in accordance with the requirements of the Ministry of Economic Development), a boundary plan is formed. It, in turn, consists of two parts. It is a graphic and textual component.
The text part is necessary to display information about land plots and coordinate their boundaries. As for the graphic part, with its help the data of the cadastral plan of a specific territory are reproduced. The location of the formed boundaries is also indicated here.
You need to prepare a boundary plan in electronic form. Moreover, he needs a qualified electronic signature of the cadastral engineer, who prepared the plan. With the appropriate initiative of the customer, it is possible to display all the necessary information on paper.
Cadastral registration
The redistribution of land, in addition to performing all necessary work and drawing up a land survey plan, includes the stage of registering new lands for cadastral registration. This action is necessary for the full legal registration of the formed territories.
At the same time, certain decisions should not be left without attention:
- information on new sites that appeared as a result of the division of the former territories that were included in the State Committee for State Property is temporary;
- all educated land should be registered at the same time;
- if a specific site does not have an assigned address, then a description of its location must be entered in the State Committee for Civil Protection.
As the last stage of legal consolidation of new sites, it is worth determining the state registration of rights to the territories formed as a result of the redistribution of territory.
As a conclusion, it is worth noting that with the help of redistribution, various issues relating to land can be resolved. Therefore, if necessary, it is necessary to obtain expert advice on the most productive process of changing borders and, after coordinating actions with the owner of neighboring lands, submit an application.
