The lawyer for the real estate: property, inheritance ...

By Admin | Legal Issues
22 April 2016
Real estate «I had inherited (along with other relatives) share in the ownership of the land, which our parents received as a land share in the ownership of the farm, which was transformed into a corporation.Can I sell my share of the land?

Alexander Porechentsev, Smolensk


Article 12 of the Federal Law "On Agricultural Land Transactions" gives the right to co-owners of the land at its discretion, sell, donate, exchange, bequeath, pledge in, add to the charter capital of the legalface their share of the land allotment.Upon the sale of land must comply with the rules established by the legislation of the Russian Federation.The owner of the land share, he got by inheritance, is now entitled to conclude any transaction on the order of land allotment.Your doubts, perhaps due to the fact that in the past there were all sorts of restrictions on the types and methods of disposal of land.

Thus, according to the Presidential Decree of 27.12.1991 № 323, the owners of land shares were allowed to sell their shares only
to employees of agricultural enterprises or to the farm.A little later, the owners of land plots were allowed to sell their shares to other citizens, but only for the cultivation of agricultural products.Now all these restrictions are removed.Upon the sale of land share acts established by civil law right of preemption.That is, when the sale of shares in the ownership of another person the rest of the shared ownership shall have a preferential right to purchase the share sold.

«It happened so long ago, a neighbor gave me permission to build a garage on the site.His family still has no objection to this building.Whether he considers the unauthorized buildings if the ownership I have not made out.I've heard that recently passed a law (the so-called dacha amnesty) for which simplified the procedure for registration of the ownership of illegally constructed buildings.

Dmitry Ivanov, Novosibirsk ".


Your question answers Article 222 of the Civil Code.Unauthorized construction of structures does not entail the right to their property.This means that your garage can not be the subject of a contract of sale, gift, inheritance, rent, mortgage.For unauthorized developers established a general rule: they must carry built the structure themselves.In case of failure it will draw the appropriate service by the competent authority.Demolition is made by the developer.There is an exception to the general rule.

for unauthorized developer can be found on the structure of ownership of the justice system in the event that the court finds that it was not built on a plot of land owned by a citizen, but then this site is sure to be granted for the construction of a citizen of this building.If the unauthorized construction erected on land owned by the right of ownership and / or legal possession of another person, the court may recognize the right of ownership of unauthorized construction of the person who owns the land.

Federal Law of June 30, 2006 № 93-03, received in the press called "dacha amnesty", simplified procedure of registration of ownership of the illegally constructed buildings.A new procedure by which ownership of illegally constructed buildings issued with registration rights to the land.

right to ownership of an unauthorized building erected on another plot of land, is now generally not allowed.So you have to buy the land from the neighbors under your garage.If they are not against the building, the question of the ground beneath it, is likely to be resolved positively.

If unauthorized construction erected in its rightful land plot, the registration of its ownership in the responsibility of the body carrying out state registration of rights to real estate.The law prohibits establish ownership of unauthorized construction, when it violates the rights and legitimate interests of its neighbors.



"I acquired dacha plot with a house. Can I not become a member of the partnership, gardening and horticulture individually?"
Marina Kuzmina, Moscow region.



Unlike the legislation in force before, Article 8 of the Law "On the horticultural, gardening and dacha non-profit associations of citizens" provides for the right to conduct citizen garden, garden or dacha farming individually (that is, not to become a member of the partnership).They have the right to use the infrastructure facilities and other property in common use - for a fee and on terms specially concluded contract.The agreement shall be in writing and in the manner determined by the General Meeting.

In the case of non-payment of fees established by the contract for the use of infrastructure and other common property of the board or the general meeting may deprive the grower the right to use land.However, non-payment for the use of common property can be recovered from it only in court.

If individual owner refused to conclude a contract for the use of common property, he too may appeal such refusal in court.

If the gardener, the leading individual farming in the territory of cottage associations and using common property under the agreement previously made contributions to the purchase of this property, then it user fees can not be higher than for the members of the association.

Semen flicker, Honorary Lawyer of Russia

"Gardener"