The transformation of collective farms and state farms in the mid and late 90s of the last century resulted in the emergence of more than 11 million land owners. The issuance of the decree on the reorganization of agricultural enterprises was aimed at creating a significant number of land unit owners. The adoption of the decree gave the land in the possession of the owners, and they could dispose of the shares at their discretion. For example, combine them into a certain organizational form.
Laws
Sale of land shares is now very popular.
Agricultural land is the main component of the development of the agricultural sector. In this case, the transfer of these shares to private ownership is the most effective form of management, since it allows the agricultural sector to develop in an ascending order.
The transfer of land from one category to another became possible after the adoption of the law of the RSFSR No. 374–1.
Forms of ownership
At the same time, the equality of the following forms of ownership was proclaimed:
- collective and shared;
- state;
- private;
- collective farm cooperative.
Privatization of land plots and reorganization of agricultural enterprises was carried out by a special on-farm commission in the mid and late 90s of the 20th century. As a result of this process, agricultural land was privatized, they became the property of various owners. Mostly they tried to transfer the land to people who worked and had an idea what to do with it. Obtaining a land share was carried out in a declarative manner to the commission of the collective farm or state farm. In the statement, the citizen indicated the form of use of the share. The average share size was 10 ha. At present, the legal relations connected with land shares seem rather complicated in all aspects, but today we will talk about the hereditary transfer of the agricultural share.
Agricultural land - what is it?
Each owner of a share of agricultural land has a certificate in his hands.
This is a state document containing various characteristics of a share, for example, such as type of agricultural land, size of allotment, and valuation. This document is legally comparable with the entries in the Unified State Register.
According to the law, a share of agricultural land is a land allotment owned by a citizen. The word "share" in this case is identical to the word "share".
When, for example, a farm is organized, then each of its participants needs to contribute its share.
The area of agricultural land units is calculated in point hectares. Land shares are not divided, but shares in documents indicate. Their owners own land under the right of shared ownership.
How to dispose of the share?
The land owner in this case has the right to dispose of it at his discretion. The following options are possible: mortgage, sale of land shares, testament to another person, transfer to trust, drawing up a gift agreement, exchange, allocation of land share. We are interested in inheritance transfer.
Inheritance
The transfer of ownership of a share is a very specific case. Even heirs of the second and third stages can enter into inheritance. The inheritance is opened for six months. During this period, all applicants must write an application for participation in the acceptance of a share of the property of the deceased.Relatives who claim property legalize their claims in a statement. The allotment can be either divided between the participants, or be issued in joint ownership.
Six months after the opening of the inheritance, applicants take possession of the property of the deceased, which allows you to proceed with the registration of land shares. If there was no testament, then the heirs of the first stage take the land: spouses, children, parents. If there are grandchildren or other relatives, they must reach an agreement among themselves. If there are several applicants, registration takes place as follows: the area of the site is taken into aggregate (shares may be allocated, but may not be allocated); the applicant must abandon other property on account of the unit; the land allot is transferred to the first successor in succession, or to the person who received it by will.
If relatives and other heirs fail to reach an agreement, they will resolve their disputes in court. A citizen who has received a share by a court decision draws it up according to the same scheme.
So, you can inherit this property using two options: inheritance by law and testament. If the owner has not left a will, then the entry into the inheritance is carried out using the inheritance mechanism under the law. The law provides for the equal rights of relatives in inheritance. If there is a will, the heir collects a package of documents and enters into the inheritance upon the expiration of the normative period.
A will is drawn up in compliance with legal norms and is registered with a notary public. In the event that in the share of agricultural land there is a mandatory share for inheritance, it is necessary to apply a different scheme. Since it is assumed that the close relatives of the deceased have the opportunity to receive a share, the transfer of land from one category to another is needed here.
To inherit a land share, you must:
- Confirm the right to land with a notary.
- Write a statement to the state body dealing with land issues.
- Contact the tax authorities.
Package of documents
Entering the inheritance, you need to have in your hands a prepared package of documents, consisting of:
- cadastral plan
- registration certificate
- certificates of monetary value assessment,
- court decision
- certificate confirming the absence of delays,
- kinship document
- death certificates.
Other references may be required. After preparing all the documents, you need to contact a notary for a certificate confirming the right to a land share.
The price of the plot depends on the specific situation and certain parameters. One of the fundamental parameters is the location of the site (for commercial construction). If the land is bought for the purpose of its further use, the main factor is the fertility of the land, which is determined by experts. The price is set at the time of conclusion of the contract.
Discovery of the inheritance
The inheritance is opened at the notary public at the place of residence.
In addition, in almost all regions of the country, you can use the services of an office operating under the Inheritance without Borders program. You have the right to contact any of them for advice on inheritance issues. So, after confirming the fact of the death of a citizen, all interested persons come to the notary who opens the inheritance. If there is a will, then the procedure is performed in accordance with the instructions in it. If he is not, then the inheritance for relatives opens in order of priority.
The situation with the inheritance of the share, mainly depends on the decision of local executive bodies. Since this is not a piece of land that was allocated in kind, it is unacceptable to transfer it freely, and only the previously issued right is subject to transfer.Of course, this causes some difficulties in drawing up an inheritance. The situation is more favorable for those citizens who have identified the boundaries of the site in kind, dissociated and executed documents in agreement with the local administration.
Share rental
Often to rent a land share is obtained during auctions or land tenders.
Leasing land is simple and fairly quick. If there are several owners, you will need to allocate a unit plot and sign a lease. Changes in rents are not permitted to be made more than once a year.
To execute a land share lease agreement, the following documents must be collected:
- Passport of the lessor and the borrower.
- Statement.
- Land allocation document.
- Cadastral land passport.
- Extract from the Unified State Register of Legal Entities and Unified State Register of Legal Entities.
- Proof of ownership of the site.
The contract shall indicate: the terms of the lease, taxes and calculations for paying the lease, the conditions under which the contract is extended, the possibility of redemption of the site.
So, we examined how to make a land share as an inheritance.