Prior to the entry into force of the Law on the Turnover of Agricultural Land No. 101-ФЗ, unclaimed land shares were defined as parts of a common ownership allotment whose owners did not dispose of them for 3 or more consecutive years since the registration of the property right. After the entry into force of the above-mentioned law, the definition disappeared. But there were rules on the basis of which land shares are recognized as unclaimed.
Land reform
Changes in land legislation occurred more than 20 years ago. Time has shown that this method has not proved to be the best for these transformations. All agricultural land was divided into shares with the transfer to common ownership. However, their boundaries were not determined on the ground. Land shares were transferred to employees of organizations involved in agriculture, their retirees, employees in the field of health, life, culture, education, nutrition, who were in the respective territories.
As a result, citizens became participants in the common shared ownership of agricultural land. However, over time, the old organizations ceased to exist. New organizations in the form of partnerships, cooperatives and other societies had to decide on how to use agricultural land.
Due to the imperfection of the legislation, disputes arose, including over unclaimed land shares. Their design was not carried out, and therefore the number of conflicts only increased over time.
Occurrence of a problem
One of the main reasons for the reduced use of agricultural land is the cessation of the functioning of the organizations concerned. In addition, often the relevant agreements were not concluded in the proper form, the rules for the use of land allotments were changed, the lease terms expired, and so on.
Grounds for declaring shares unclaimed
Unlike previous versions, the current law No. 101-FZ approaches the issue more specifically. Due to a change in wording, unclaimed land shares are not such initially, but can be recognized if the owners have not leased them or ordered otherwise. This is stated in paragraph 1 of Art. 12.1 of the law.
In addition, additional grounds have been introduced upon the occurrence of which the share of land is recognized as unclaimed. These include:
- The lack of information on the owner in the decisions of local authorities on the privatization of agricultural land before the start of the above law.
- The deceased owner has no heirs.
- The heirs of the deceased owner are not entitled to inherit.
- The heirs of the deceased owner are suspended from the inheritance, refused it or not accepted.
Why were the changes made?
After the registration of the contract, the land is considered divided into shares. If the deceased owners have no heirs or they do not draw up their rights, then no one is engaged in the allotment. Previously, such parts could not be recognized as unclaimed land shares, since the owner formally disposed of the allotment during his life.
With the entry into force of the new law, the situation has changed. Now, even if the share of the allotment of land was leased, but after the owner passed away, the heirs did not appear or did not inherit, it may be declared unclaimed.
How to return
Owners who believe that their unclaimed land shares are included in the corresponding list unreasonably can appeal to local authorities with an objection, and also state this at a meeting of all owners of shared property. This will become the basis for exclusion of these sites from unclaimed shares.
Thus, a person must perform two actions: apply to local authorities, stating their position in writing, and also declare rights at a general meeting. If one of these actions is not completed, then formally claim the share will not work. But in practice and in such cases, you can achieve the desired result. To this end, it is necessary to take part in the lawsuit, where the local authorities will apply to recognize the land share as unclaimed. In most cases, the court takes the side of the defendant and denies the claim to the local authorities.
Inheritance
The right to unclaimed land shares may be recognized if, after the testators, the transfer of ownership to the heirs was actually carried out, but they did not draw up the relevant documents. It may also be that the period allotted for this has been missed. Then the only instance remains the court.
In order not to bring the case to court, it is necessary to complete all the papers on time. Together with the land, the heirs pass all the buildings located on the site. They have the right to redeem land under preemptive rights. If the land is not privatized, then the heirs will be able to obtain it in the following cases:
- If the privatization process has begun by the testator, but has not remained incomplete.
- If the testator during his life appointed a trustee for privatization.
Documents confirming the use of land
In this case, the law provides a document that certifies the right to use. This may be a lease, gratuitous term use, trust management or confirming the right of permanent use or inherited possession on a lifelong basis.
The procedure for registration of ownership by local authorities
Appeal to the court is the first step in recognizing an unclaimed land share due to the fact that the owners did not dispose of it. In accordance with paragraph 2 of Art. 12.1 of Law No. 101-FZ, local authorities must draw up a list of land shares that can be considered unclaimed. Basically, this question concerns those allotments that have no heirs. Depending on the grounds, the shares are included in one of the lists.
A list of unclaimed land shares is published in the media. This is done at least 3 months prior to the convening of the meeting of owners in order to approve the share. Previously, publication was carried out only in an official source, which was approved by the authorized body. This practice was extremely ineffective. Information also began to be published on the Internet. But this did not lead to the desired results. However, the issue is ultimately decided in court. This body is required to notify all interested parties. Owners will receive information about the inclusion of a share in the list of unclaimed lands even during the trial. Therefore, even if the information does not reach the owners in the process of pre-trial settlement of the issue, they will be able to take part in the trial.
Thus, after the publication of this information properly, local authorities convene a meeting of the owners of the allotment of land in which they intend to approve the unclaimed share of the land.
If, within 4 months after publication in the media, the meeting does not decide to approve the list, local authorities do it themselves. It does not matter for what reasons the owners of the site did not make this decision.
After approval of the list, the shares are considered unclaimed, and local authorities can go to court to obtain the right of ownership. If a positive court decision is made, then on this basis it is possible to register property in Rosreestr. The right of ownership passes to a person only after the registration procedure. This is stated in Art. 8 Civil Code of the Russian Federation.
From the moment the right to unclaimed land shares is recognized, the municipal authority has the opportunity to dispose of them.
Land for sale
After the registration phase has been completed, local authorities must publish a notice within 30 days that the share can be acquired into the property for a cost of 15% of the price of the inventory. This indicator is set at the state level, and local authorities are not entitled to set a different price.
A notice about the ability to buy these shares is published in the media. These are local newspapers, the official virtual resource of the municipality (if any), as well as information boards.
The preemptive right to purchase belongs to peasant farms or other organizations that use this allotment. Such an opportunity for them is valid for six months from the moment of recognition of the right of ownership of unclaimed land shares from local authorities. If no contract is concluded during this period, local authorities allocate this part to a separate piece of land, observing the established minimum sizes. After the allotment procedure, the land is put up for sale again, but on different conditions.
A responsibility
The presence of a land share is the legal right of the owner, but involves a responsible attitude. The owner must cultivate the land himself or lease it to agricultural organizations, which will take over the relevant functions. In this case, the owner will receive his percentage in the form of rent.
Tenants are held accountable to the owner of the land allotment for improper or improper use. This is stated in Art. 183 of the Civil Code of the Russian Federation. And the responsibility to the state lies in the timely payment of tax on profits and land.
The provisions of Law No. 101-FZ are intended to regulate relations in the field of land turnover between owners and local authorities. State bodies that exercise control over land should regularly check the status of agricultural land cultivation. For illegal and improper use, they must act in accordance with the law immediately.
Conclusion
As you can see, the process of recognizing unclaimed land shares as municipal property aims to cover as many lands as possible for the intended use and profit, as well as to enable agricultural companies to cultivate unclaimed plots and territories. If the owner is located, then it will not be difficult for him to draw up the corresponding land shares for himself.