Land surveying is the determination of the coordinates of a plot of land by cadastral engineers and surveyors using special equipment. Is it necessary to carry it out if you own a piece of land in a gardening partnership? Looking ahead, let’s say that the law does not oblige you, but for your own peace of mind, carry out a survey of the SNT land plot and be sure to draw up the appropriate documentation for it. This will help you avoid disputes with neighbors, as well as legally sell the land if necessary.
Land requires legal registration to avoid possible troubles
The legislative framework
According to paragraph three of Art. 39 of the Federal Law “On Cadastral Activities”, not only tenants and owners of plots, but also those persons who use the land under the right of free or lifetime use can carry out the land surveying procedure within the SNT.
Before carrying out measures to measure boundaries, it is mandatory to notify neighbors along the SNT. This norm is enshrined in paragraph 8 of Art. 39 of Federal Law No. 221 “On Cadastral Activities” dated July 24, 2007.
Legal regulation
The cadastral engineer must carry out activities to determine coordinates in accordance with the provisions of the law, one of which is Federal Law No. 218-FZ of July 13, 2015.
The boundaries of the site are determined based on:
- A document of title to the land, which contains information about the boundaries (drawings, plans).
- If there is no data on boundaries in legal documents, you should use sources that establish the boundaries when the site appears.
- If information about the location of boundaries is not contained in the documents from clauses 1 and 2, then on the basis of the approved land surveying project.
- If a land surveying project has not been developed, then cadastral work is carried out on actual fences that have existed for more than 15 years, or on landscaping elements, artificial or natural objects on the ground.
As can be seen from the provisions of the law, the cadastral engineer sets boundaries not at the request of the client, but based on documents, and in the absence of the latter, on fences that are at least 15 years old.
Link to document: “On state registration of real estate”
What is it and why do you need to divide the land?
Let's figure out why you need to do land surveying in gardening? This is because if there is no document confirming ownership rights, then other papers will not help prove your rights.
In addition, one of the main tasks of the process of surveying public land in SNT is to establish precise boundaries on the sides of the site and subsequently receive a document indicating that the land has an owner. Without this procedure, it is impossible to draw up documents for the privatization of the site.
There are cases when the land is owned by the owner without the above procedure. In this case, it turns out that without land surveying, the land cannot be registered as property, that is, from a legal point of view, it was appropriated by squatting, and this is already a violation.
Attention! Another significant advantage of carrying out land surveying in a gardeners’ association is the opportunity to receive up to 10% of excess territory, if any is available for landscaping.
Situations where a dacha plot has not been used for a long time, and then other objects are put in its place or a new owner appears, unfortunately, often occur. Such unpleasant incidents can be avoided only after complete paperwork.
As a rule, ten percent is taken from those plots whose tenants did not take care of timely registration. In favor of land surveying, we can note the fact that people who did not manage to register the land for gardening needs within the deadline set before January 1, 2021, will no longer be able to do this. Lands left without registration will be considered the property of the state.
Land surveying of a garden plot can be carried out by companies licensed to carry out such activities, or by cadastral engineers. If there is no license, this cannot be recognized as a legal distinction.
Why do land surveying?
Establishing specific boundaries of such lands allows us to avoid violation of the rights of members of the horticultural society and other problems. This event will help in the following situations:
- Will resolve some disputes between owners of adjacent plots.
- It will prevent the seizure of parts of the PDO by individual owners for the purpose of annexing them to their properties. Such actions lead to a reduction in the area of roads, driveways, playgrounds and other public places.
- Will protect from encroachment on part of the territory of SNT in the event. For example, if a plot of land is allocated next to the partnership for the construction of some facilities or for other purposes.
- It will contribute to the correct calculation of land tax.
- During the work, errors will be identified in the location of plots previously registered in the cadastral register, which their rights holders will be able to find out about.
Is this procedure mandatory in gardening?
Carrying out land surveying is not a mandatory procedure in all cases , and many gardeners are thinking about implementing it or abandoning it. This is due, first of all, to the high cost of carrying out the work and ordering the services of a special company with geodetic equipment.
The fact is that relaxations for this kind of areas are regulated by rules that are in force until January 2021. This can be read in Federal Law No. 447-FZ.
After January, any actions related to legal transactions or other procedures should be carried out only with documents on the land survey. The following facts speak in favor of this procedure:
- If we are talking about the sale of the SNT plot, it is unlikely that there will be anyone who will want to purchase the plot without a boundary plan.
- In a dispute with neighbors, you cannot do without a plan. He will help defend his rights to the land.
- If a house is planned to be built on the site, then a boundary plan is indispensable.
- After 2021, no transactions with the site will be possible without land surveying.
There is no garden plot, but there is a country house? The question is: is it necessary to survey such land?
All the answers and descriptions of the nuances of the procedure are in this article!
How are powers transferred to the head of SNT?
The legislation allows for collective organization of the process. A trusted person can easily handle the matter. People who have received a power of attorney from the owners will deal with cadastral specialists and government officials.
To transfer rights to one person, SNT members write a power of attorney to the head of the SNT. The power of attorney must be from each member of the company. The representative will express the interests of each and every person; in this case, he will face a number of problems:
- Caring is unpleasant, it will require a lot of time;
- If land surveying is not covered by the amnesty for summer residents, then you need to pay a certain amount. The monetary investment will be based on the region of the Russian Federation, location and commercial value of the land. In this case, it is difficult to achieve collective unanimity among gardeners: for many it will be an unaffordable amount. You can calculate the average cost of land surveying here.
But collective land surveying also has its advantages. The trusted person will free up the time of the other comrades; this approach rarely causes disputes between neighbors on the issue of plot boundaries.
When is it not required?
There are some exceptions when there is no need to carry out measuring work at the SNT site. This exception recognizes the registration of land on the basis of the law on dacha amnesty .
This applies to the registration of SNT land plots, as well as individual construction. In order to become the full owner of land property, a measurement procedure is not required.
For such objects it is not necessary to carry out a land surveying procedure, but in order to avoid further disputes with neighbors, it is recommended to take measurements and draw up a new site plan.
Cost of cadastral engineer services
The survey price consists of two components:
- geodetic survey;
- drawing up a boundary plan.
Geodetic work for a plot of less than 20 acres costs between 7-10 thousand rubles. The price varies depending on the region. The complexity of the work may also affect the specific price in each case.
Drawing up a boundary plan, including coordination with neighbors and completing all papers for submission to Rosreestr, will cost about another 5 thousand rubles.
If you have a gardening book
So, let’s figure out whether it is necessary to survey a land plot in SNT if such a condition exists? By law, it is not necessary to carry out the procedure if you already have a gardening book.
A person must decide this issue himself, guided by the goals and needs that are intended to be carried out in relation to the site of the garden association.
If the plot is planned to be sold or separated from public use, then experts recommend carrying out land surveying work.
Who should carry out the procedure?
The Gardeners' Association is not obliged to take any measures to prepare documents. The responsibility for calling specialists in the field of land surveying falls on the shoulders of the owner , that is, the one who uses the SNT land plot.
If novice gardeners want to purchase a plot of land for flower beds and planting fruit and vegetable crops, experts do not recommend purchasing those plots that have not had a land surveying procedure.
This is explained by the fact that if the responsibility for the process is assigned to the new owner, he will invest significant sums, which will not please a thrifty person.
Do neighbors need signatures?
Even if the owner of the plot has never seen the owners of other plots and does not know whose land is located in the adjacent territory, they need to be found, because It is required to collect signatures from neighbors . If contact between the landowners of the garden association never took place, you need to send a letter via postal service.
That is, to the question of whether this is necessary and whether it is necessary to collect signatures from neighbors in the dacha area, one can give an unequivocal answer - yes.
If there is no response to the letters, you can publish the appeal in the local newspaper. You need to wait for a response within a month, if no negative or positive response was received from the persons to whom the letter was sent, then after a month the procedure for surveying the SNT site is considered agreed upon and you can use the services of surveyors.
However, if a neighbor disagrees with the procedure, then the dispute can only be resolved in court.
If the site has no neighbors, then you can carry out the land surveying procedure according to a simplified scheme , referring to Federal Law No. 93-FZ, ed. 2021 “On the dacha amnesty.”
Of course, you can’t know everything for sure, but this option with a simplified system is only applicable if you are one hundred percent sure. If the neighbors do appear, they will begin to make claims and also accuse them of seizing their share of the plot.
Important! Experienced legal experts advise sending not one, but two or more letters in order to obtain a response.
From all of the above, we can conclude that the neighbor’s signature matters if he really exists . If the owner of the plot is sure that he is surrounded by ownerless land, then he can call surveyors, but if this turns out not to be the case, the neighbor has the right to sue the invader of his territory.
detailed instructions
So, in order to carry out the surveying procedure, you need to go through the following stages when contacting a company that provides geodesy services. The financial cost of the work will depend on the company’s prices, but usually the price is set on an individual basis.
After contacting the company’s employees, they will offer to conclude an agreement with them, for which the following documents will be needed:
- If another person is involved in the registration procedure, he needs to have a pre-certified power of attorney and a passport.
- A document indicating receipt of ownership rights to a specific plot of land within the SNT. Such documents may include a certificate of ownership or a contract for a purchase and sale transaction, etc.
- Some companies may ask for a foundation agreement.
- Identification document of the applying owner.
Sometimes the owner of the site provides the company with:
- A certificate confirming the absence of communications belonging to the public.
Such a document can be obtained by contacting the administration of the district where the dacha plot is located. A special technician will check the plot and draw his conclusions, refuting or confirming the presence of equipment. - Certificate from the mountains. light, where it is stated that no electrical cables are laid on the territory of the land plot.
The second stage of work consists of notifying neighbors in the gardening community about the upcoming land survey. This must be done no later than a week before the proposed work. They must personally be at the survey site and monitor the progress of work.
In self-notification you must adhere to the following scheme:
- Write the text by hand and send it to each of your neighbors by mail.
- Go around the neighboring gardening plots and tell them about the upcoming event, while handing them a notification to sign.
- The engineer receives notices from the owner of the site with the signatures of the neighbors.
Form of notification of the land surveying procedure.
Notification work can be ordered from a company; the approximate cost of notifying one person will be 250 rubles. Those who have free time can do their own search for the owners of a plot in the neighborhood.
It is important to note that neighbors must be warned about upcoming work , but if for some reason they do not show up for land surveying, surveyors will begin work without them.
This is not considered a fundamental factor for refusing land surveying. The next stage will consist of measuring the boundaries of the entire garden plot and recording the results in a special land surveying act.
With each marking, neighbors will be asked whether they agree with the measurements taken or not. After the land surveying process, the act is signed by the following persons:
- the owner of the measured plot or his chosen representative;
- neighbors from adjacent SNT lands, if they participated in the measurements;
- the engineer who carried out the measuring work;
- a representative from the administration, upon notification of the company.
The last step is to visit the company on the day that will be appointed. The owner will be given a land surveying certificate after the surveying company has carried out the work.
In the event that the boundaries of the measured area have changed after measurements, you need to proceed as follows :
- The owner needs to take the act to the District Committee responsible for land resources. There it must be signed and on the day that is chosen, it can be picked up.
- After this, you need to take care of including the site in Rosreestr, and to do this you need to go to the MFC or a branch of Rosreestr.
- Pay the state fee of 1000 rubles.
- Sign the application filled out by the registrar.
- After this, the registrar will take all the documents except the identity card and issue a special certificate confirming their acceptance. On the day written in the certificate, you will need to appear to receive documents.
What determines the price of land surveying?
The main circumstances influencing the formation of the survey price are:
- Remoteness of a gardening non-profit partnership. The further away the object is located, the higher the transport costs of the contractor.
- Complexity and volume of work. The complex configuration of the site and its large area increase the labor costs of the contractor both during on-site measurements and during subsequent office processing.
- Experience of a land management organization. The prices of companies that have been working in this field for a long time may be higher than those of newcomers to the service market.
