RBC
Growing in breadth: 4 ways to legally increase a land plot
Striving to expand the occupied area is a completely natural goal for a person, whether we are talking about a city apartment or about a land plot. In the latter case, even the prospect of a fine for self-seizure of territory does not stop someone. But expanding the boundaries of a land plot can be quite legal
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Growing in breadth: 4 ways to legally increase a land plot
Striving to expand the occupied area is a completely natural goal for a person, whether we are talking about a city apartment or about a land plot. In the latter case, even the prospect of a fine for self-seizure of territory does not stop someone. But expanding the boundaries of a land plot can be quite legal
If the land plot belongs to a private person or is encumbered, such a procedure is impossible
In order to legally increase the boundaries of your site, it is important to act within the framework of Russian legislation (unauthorized accession is punishable by law and entails a fine of up to 200 thousand rubles), in particular, the Land Code of the Russian Federation. So, in article 39.28 it is said that it is possible to attach an adjacent land plot, but only if it is in municipal or state ownership - this is the so-called cutting off at the expense of the adjacent land. But in order for the accession to take place according to the law, it is necessary to consider the types of formation of new land plots, there are four of them in the legislation: separation, unification, division and redistribution of land plots.

If the land plot belongs to a private person or is encumbered, such a procedure is impossible. Therefore, at the first stage, it is important to find out who exactly is the owner of the territory. Further steps depend on this.

The first condition is that you need to understand that only the owner of the site can receive additional land, but not the lessee or the one who uses it on the basis of gratuitous use. The second condition is to check the borders of your land plot in the USRN (if they are not specified, you will not be able to cut the land). Third - check the type of permitted use of your plot and the one you want to cut (the garden plot and the place for individual housing construction cannot be combined). Fourth, you have been using the site you want to cut for more than 15 years, and there are no other applicants for it. The fifth condition is to take into account the restrictions on the minimum or maximum size of the site. This data can be found in the Land Use and Development Regulations for each municipality (sizes may vary in different regions). This document also indicates what area of the land plot should be after the increase (if this is not prescribed, then we use the formula: no more than 10% of the area indicated in the USRN).

If all the conditions are met, it is necessary to form a boundary plan (taking into account the requirements of the PZZ), conclude an agreement with local authorities (and buy out the site), and then contact the Rosreestr for registration of ownership and cadastral registration.