Land law. Features of transactions with land plots that are common property (the most important)

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Land law. Features of transactions with land plots that are common property (the most important)

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34. FEATURES OF TRANSACTIONS WITH LAND PLOTS THAT ARE COMMON PROPERTY

Features of such transactions are associated with the presence of two or more co-owners, as well as special rules for the circulation of shares in the right of common shared ownership, disposal of property in common joint ownership. Common property is a land plot owned by two or more persons. If the shares of each of the co-owners are determined, then this is a common shared property, if not, then joint. As a general rule, common property is shared property, unless the law provides for the formation of joint property. The property of the spouses and the joint property of the members of the peasant (farm) economy shall be recognized as common joint property.

The law "On horticultural, horticultural and dacha non-profit associations of citizens" provides for a horticultural, horticultural or dacha non-profit partnership to create joint ownership of public property acquired by such a partnership at the expense of earmarked contributions, including land plots for common use.

After the state registration of a horticultural, horticultural or dacha non-profit association, such an association is provided with a land plot free of charge initially for fixed-term use. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in nature, the members of the horticultural, horticultural or dacha non-profit association are provided with land plots in ownership or on other real rights. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.

It is necessary to highlight the features of transactions with shares in the right of common ownership of agricultural land. A participant in shared ownership has the right to dispose of his share at his own discretion. In case of alienation for compensation, the rules on the pre-emptive right to purchase a share must be observed.

When selling a share in the right of common ownership to an outside person, the seller of the share must notify in writing the other participants in shared ownership of the intention to sell his share, indicating the price and other conditions on which he sells it. Disputes are subject to resolution in court.

In the event that one of the co-owners applies for state registration of the redistribution of shares in the common property right, a necessary condition for state registration of rights is the presence in writing of the consent of other co-owners whose shares in the common property right are redistributed, unless otherwise provided by law or an agreement between the said co-owners.

State registration of the emergence, transfer and termination of the right of common joint ownership of real estate is carried out on the basis of an application from one of the right holders, unless otherwise provided by law or an agreement between the right holders.

Author: Medentsov A.S.

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