The land plot, which is part of the hereditary mass, is inherited according to the general procedure in accordance with Art. 1181 of the Civil Code of the Russian Federation. To inherit a land plot means to acquire ownership or ownership (lifelong and inheritable) to the surface layer, water bodies and plants located on the border of this plot.
If there are several heirs, it is possible to divide the land plot, which is inherited, but only with the observance of such a requirement: the minimum size of the plot must comply with the norms that are enshrined, either by regional or local laws. For example, the minimum size of a plot of land that will be used for the construction of a residential building is set by local governments.
If it is impossible to divide the land plot, then it will be inherited by the one of the heirs who has the preemptive right to the inheritance share. The rest of the heirs are either transferred to other property from the inheritance, or monetary compensation is paid.
If no one has a preemptive right to receive a land plot, it is inherited as a common shared property. If the heir is under 18 years of age, his legal representatives can lease the plot until the heir comes of age.
All unauthorized buildings on the land plot are not included in the inheritance, since the testator did not have rights to them during his lifetime. However, this does not prevent the inheritor of the plot from going to court with a claim for recognition of the ownership of the unauthorized building.
