Is it necessary to carry out land surveying of a summer cottage?

Home / Real estate / Land / Land surveying / Land surveying for different types of purposes

Back

Published: 03/03/2017

Reading time: 11 min

2973

In many cases, land surveying is necessary, but this procedure is quite expensive and time-consuming.

Therefore, land owners are interested in the question of when land surveying is really necessary and when it can be dispensed with.

This issue should not be ignored, since cases often arise when owners have lost their plots due to incorrectly executed or not completed documents at all.

What is land surveying
Why is land surveying needed?
Advantages of land surveying
Disadvantages of land surveying
Is land surveying of a privatized plot necessary?
Is land surveying necessary if there is a cadastral number?

What is land surveying

If we turn to terminology, land surveying is a geodetic term that denotes a whole range of services, including determining the boundaries of a site and calculating its perimeter.

The surveying operation must be carried out by a company with the appropriate license and permit.

The delineation of the perimeter of the site must be done using special tools, otherwise the results of the survey may be disputed.

In addition, the procedure cannot start without the consent of the BTI and neighbors.

And if the bureau specialists give consent without problems, a number of problems may arise with neighbors:

the neighbors deliberately do not agree to the land survey - in this case, you will either have to persuade them after finding out the reason for the discontent, or deal with them in court;
the neighbors have not lived for a long time, and their data is not available - this problem is “removed” by publishing a message in the media about the land survey, and if no one objects within 30 days, you can start.

After carrying out the survey, surveyors will hand over to the owner a package of the so-called “land survey file”, with which you need to contact the cadastral chamber to prepare the following documents:

land survey plan;
extracts of ownership.

In addition, the plot will be assigned a cadastral number. These documents are valid for 5 years, after which they will need to be renewed.

Registration of a power of attorney

It takes place in a notarial manner. You need to contact a notary office and provide a small package of documents:

For individuals:

passports of the parties.
real estate data.

Separately for legal entities:

constituent documents, order for the appointment of a director.
extract from the Unified State Register of Legal Entities.
printing upon request.

After checking the necessary documents, if they comply with the law, the notary draws up a power of attorney.

This document must have a small amount of mandatory information, but the design rules for this document do not provide for strict requirements for its content.

date of registration;
place of issue;
names (or titles) of the principal and the trustee;
list of powers;
validity;
signature of the principal;
seal (for legal entities).

Why is land surveying needed?

Many land owners live quietly without land surveying.

Due to the high cost and complexity of the procedure, many do not decide to do it unless absolutely necessary.

However, there is a list of situations in which land surveying will need to be carried out:

for sale or donation of land;
for renting out a plot;
for organizing capital construction on a site (and not necessarily a house, we can talk about an extension or a bathhouse);
during disputes with neighbors about the ownership of certain plots of land;
when dividing or merging several areas;
when allocating land from a collective property plot.

In case of a territorial dispute with neighbors, conducting a professional geodetic survey is perhaps the most effective way to resolve the conflict.

When constructing any buildings, especially long-term ones, it is also advisable to carry out land surveying, otherwise you may inadvertently go beyond the boundaries of the site - and this can lead to serious fines and significant hassle.

Establishment of ownership

Law on registration of rights to real estate in Part 2 of Art. 143 determined the list of documents that are considered title-establishing:

civil contracts (donation, purchase and sale, etc.);
a court decision that has entered into legal force, by which ownership rights have been established;
an act on the free allocation of a site by a local government body;
an agreement to divide a large plot into parts. It must be accompanied by title documents for primary ownership;
document on reorganization and transfer act, in case of division or separation of new legal entities.

In accordance with regulations, each of these documents must be:

Signed by each of the parties and the officials who are authorized to draw it up.
Certified with a seal.
Notarized if this requirement is established by law, for example when selling a share in common property or dealing with mutual investment funds.

Advantages of land surveying

Carrying out this procedure gives the owner of the site several advantages:

Complete independence. The owner of the land can feel like a true owner; he will be able to dispose of the plot at his own discretion without the permission of the co-owners.
Security. No one will be able to encroach on the demarcated plot of land.
The territory is completely protected from foreign claims.
Legitimization of the assigned territory. By law, the owner of a plot can increase his territory by 10% at the expense of no-man's land. This will not be considered an unauthorized seizure, but merely a clarification of the boundaries and adjustment of the area of the site. True, as the size of the plot increases, the costs of maintaining it will also increase - but that’s another story.
It can be useful to carry out land surveying to ensure your own safety, for example, if mass construction and alienation of land begins in a populated area.
Without documents in hand, a citizen will not be the owner of the land, even if he has lived on it for many years. Donation and inheritance of land will not be an argument either.

If boundaries are not established, such a tenant is considered an unauthorized invader of the territory, and neighbors or the municipality can easily take them away.

Thus, during the period of the “dacha amnesty,” many pensioners became victims of the tyranny of their own neighbors, who en masse transferred huge tracts of land into their names. Then they either lost their homes or suddenly became tenants on their own property.

Carrying out land surveying guarantees the integrity of the land and insures against all unforeseen situations.

Package for registering a boundary plan in Rosreestr

After all the previous stages, you must make changes to the site in Rosreestr. To do this you need:

1) All owners will contact the Registration Chamber or MFC and present a package of documents:

certificate of ownership with the previous dimensions of the plot, if available.
foundation agreement.
land survey plan.
ID card of the owner or authorized representative (with power of attorney).
new cadastral passport.

2) Pay a state fee in the amount of 1000 rubles (you can do it at the institution itself).

3) Owners must sign the application completed by the registrar. 4) After checking the data, the registrar will pick up the documents, issue a receipt of acceptance and set a day for receipt. 5) On the appointed day, upon presentation of a passport and receipt, each owner picks up the documents.

Disadvantages of land surveying

But the procedure has its drawbacks:

High cost of the operation. Land surveying often costs several tens of thousands of rubles, which in no way turn out to be “extra”.
Possibility of conflict with neighbors. If they consider that the applicant is encroaching on their territory, then they may not give consent to the survey. Sometimes conflicts flare up for other reasons.
Difficulties with co-owners. Especially if the site is collectively owned. The chairman of the partnership or board may simply not give consent.
Removing infrastructure. Surveyors may require the site to be cleared of various infrastructure elements such as electrical poles or road surfaces. And this is not always possible.

The possibility of adding an additional 10% of the area to a plot of land is a positive factor for the initiator of the procedure, but a negative factor for neighbors.

After all, if they have not carried out land surveying, then the applicant can take possession of part of their plot legally.

Copying

The copy is part of the general topographic plan of a settlement depicting the location of the desired site. To obtain a copy yourself, the owner must provide the local architectural department with:

application for a copy;
copy of passport or company card for legal entities;
an extract from the Unified State Register of Real Estate or a cadastral passport if it has not been replaced;
receipt of payment of state duty.

The amount of the fee can be clarified in advance by calling the telephone numbers on the website of the architectural department or at the MFC. You can also submit documents to receive a copy at the multifunctional center.

Is land surveying of a privatized plot necessary?

The question often arises as to whether it is necessary to carry out land surveying if the land has already been registered as the property and the relevant documents are available.

Note that it is best to perform the procedure, and here’s why.

Legislation in the field of land ownership was constantly changing, and a land plot could be acquired without defining boundaries.

This often arose as a result of the “dacha amnesty,” which involved assigning land to the owners based on their residence.

In most cases, landowners limited themselves to simply indicating

cadastral passport of the site area and refused to survey.

Without defining boundaries, land could be allocated by municipalities to privileged or preferential categories of citizens for running a personal household, building a garage or a summer house. In this case, the address of the site was simply indicated - sometimes even without a cadastral number.

To eliminate disputes about boundaries, it is better to carry out land surveying before selling the plot, leasing it or donating it.

Parents are usually interested in the question of what documents are needed to register a newborn child. Do you want to rent land from the administration with the right of subsequent purchase? A step-by-step algorithm for this procedure is described here.

Do you want to give a relative a valuable gift in the form of land? All features are described in our article.

When is it not necessary to produce?

Previously, such a relaxation - that is, the possibility of drawing up a title document without prior land surveying - was given in relation to:

dachas, subsidiary plots;
rights of perpetual use;
other cases when registration of documentation using a simplified system is permitted.

Why "earlier"? The fact is that such rules, as Federal Law No. 447-FZ states, are valid until 2018. From now on, any legal actions with the site will become impossible without land surveying.

Thus, we answer the question: “is it necessary to carry out land surveying of a garden plot?” “It’s better not to complicate your life and carry out the procedure.”

How is it carried out at the expense of the state?

In most cases, owners of land surveying areas turn to commercial certified organizations, for which they must pay for the provision of services. If certain procedures are carried out and there are grounds, land surveying can be carried out free of charge.

In such a situation, funds for the work are allocated from the federal, regional or municipal budget .

This situation was determined on the basis of the Federal program “Development of a unified state system for registration of rights...” and in a year alone more than 2 billion rubles are allocated for such needs.

In what cases is it possible?

The possibility of free surveying arises in the following cases :

When concluding a land lease agreement . All work is carried out at the expense of the municipality, acting as the owner of the plot, since the person interested in the procedure for determining boundaries is only a user of the land, although in the future he can also receive ownership rights in the presence of circumstances provided for by law;
When carrying out complex cadastral works . Land surveying is carried out simultaneously for a large plot of land. In the process of such work, individual land surveying can also be carried out, during which owners or users of plots will have the opportunity to carry out the procedure free of charge.

Such planned work is carried out according to a developed plan and the preliminary procedure is accompanied by notification of all plot owners by publishing information in the media, announcements on the official website and sending letters to the addresses of plot owners.

Which areas are subject to free delimitation?

The following categories of plots fall under the gratuitous determination of boundaries:

Lands that have already been developed, if there is a land surveying project drawn up for them;
Plots, agricultural purposes, SNT (garden non-profit partnerships), dacha cooperatives, which also have land surveying projects;
Forest areas with project-type documentation.

Stages

The procedure consists of the following steps :

Contact your local municipality if complex cadastral work is being carried out on your plot of land;
Obtaining information regarding the date of work and what list of documents will need to be provided;
Collection of necessary documentation, the list of which is similar to that provided when contacting a commercial organization;
Presence during the work, affixing a signature on the act of completion;
Drawing up a boundary plan;
Registration of property rights.

Outcome and timing

The result of work ordered either from a private company or by contacting the municipality is the receipt of a boundary plan .

The timing of such work consists of the phased implementation of the following steps :

Notification of plot owners – 10 days;
Providing documentation on the site by owners of plots not registered in the Unified State Register of Real Estate;
Waiting for the allotted period, which is allotted from the moment of notifying the owners until the day of the meeting of the commission, the main issue of which is the approval of the established boundaries - 15 days;
Compliance with the deadline for filing objections from the moment of the meeting of the assembled commission is 35 days;
Drawing up a map-plan of the territory – 20 days.

Thus, the total period of work at the expense of the budget is carried out within 4 months .

Who implements it?

The land surveying procedure is a complex process, for which special equipment is used. Therefore, to carry out work, you should contact a land management geodetic organization, whose employees have all the necessary permits and licenses.

The activities of cadastral engineers are carried out on the basis of Federal Law No. 221 “On the State Real Estate Cadastre”.

Note: independently carrying out the process of land surveying has no legal force.

Read more about where to order land surveying and who does it here.