- Legal aspects and purposes of land surveying?
- When to carry out land surveying: we analyze typical situations
- Is land surveying necessary if there is a certificate of land ownership? Is it necessary to do land surveying if the plot is registered in the cadastral register?
- Is land surveying necessary if the plot is not registered in the cadastral register?
- Preparation of documents for the site Passport
- What to do if neighbors do not agree with the conduct or results of land surveying?
- Is it possible to carry out land surveying faster than the specified time frame?
From January 1, 2021, it will be possible to sell, donate or exchange land, garden and summer cottage plots only after land surveying.
The procedure receives mandatory status. Cadastral engineers invite you to consider the key aspects of land surveying. We will answer the most pressing questions: when is it necessary to survey land plots and in what cases can you refuse it, how much does surveying cost, can you order the service for free, what documents will be needed and how to challenge the results. The service includes three stages:
- Preparation of documents for the site.
- Search for a contractor, setting the task and drawing up technical specifications.
- Checking updated boundaries and correctness of measurements, obtaining a boundary plan.
Legal aspects and purposes of land surveying?
Land surveying and registration of land plots for cadastral registration are two related procedures that are usually carried out simultaneously. The procedure and rules at different times were regulated by the following regulatory legal acts:
- Law of June 30, 2006 No. 93-FZ. This regulatory document gave cadastral authorities the right to register land plots and register them with the Unified State Register of Real Estate in a simplified manner without land surveying. This explains the situation when individuals own land that is registered in the cadastral register, with a cadastral number, but without established boundaries.
- Law of July 24, 2007 No. 221-FZ. According to this legal act, cadastral authorities did not register land plots without established boundaries, i.e. without land surveying. Thus, the state sought to streamline information in the Unified State Register of Real Estate. In 2021, this law lost its legal force, which caused some confusion regarding the need for land surveying.
- Law of July 13, 2015 No. 218-FZ. According to this regulatory document, land surveying is not a mandatory procedure, which prohibits registrars from suspending a land transaction if it does not have established boundaries. In practice, various situations arise: you can use the site, but you cannot sell, exchange or rent it out. Owners often encounter difficulties with commissioning buildings erected on an undemarcated site.
After changes in current regulatory legal acts, the land surveying procedure allows:
- transfer land from the state fund into ownership or lease to citizens and legal entities;
- sell the plot and buildings on it, transfer ownership rights in another way - exchange, donate, inherit;
- divide or combine a plot;
- redistribute land;
- enter information about the property in the Unified State Register of Real Estate, if ownership was registered before 1998;
- register the plot of land with the cadastral register and assign a cadastral number;
- make updates to the boundary plan;
- eliminate registry errors;
- resolve property disputes with neighbors.
Difference between procedure and other concepts
Cadastral works
Land surveying allows you to establish the boundary points of an allotment by taking the necessary measurements.
To indicate the extreme points on the territory of land ownership, special signs are installed, the coordinates of which are used when drawing up a diagram of the allotment.
Then cadastral work is carried out, during which the information obtained is recorded.
Cadastral work is, in fact, part of the land surveying procedure , this is the difference between them.
During their implementation, the information obtained during measurement is structured, documentation on the land plot is studied, and measurements obtained using a satellite or special geodetic work are processed. Then a plan is drawn up, which is the final result of the cadastral work.
Based on such a document, a cadastre passport is subsequently issued.
Privatization
Determining the boundaries of an allotment during boundary work does not transfer the allotment to the category of private property of a particular citizen. To obtain ownership rights, it is necessary to carry out privatization.
Land surveying is only one of the stages in registering land ownership.
Moreover, it is necessary to take measurements and assign a cadastral number to the plot before initiating the privatization procedure , since such information must be present in the citizen’s application, as indicated by Art. 39.15 Land Code of the Russian Federation.
Geodesy of the territory
To carry out a set of procedures, united by the concept of “surveying,” engineers must first perform a series of actions that allow them to accurately determine the coordinates of the object under study .
Measurements carried out directly on the ground are called geodesy or geodetic work. One of the goals of such an event, in accordance with Article 10 of Federal Law No. 78-FZ, adopted on June 18, 2001, is to establish land ownership boundaries.
Without accurately establishing the extreme points and exploring the territory, it is impossible to obtain the information necessary for carrying out cadastral work. Therefore, geodetic survey is considered an important stage of the entire land surveying procedure.
Land management
Article 1 of the Federal Law No. 78 of the Federal Law, adopted on June 18, 2001, defines the essence of the concept of “land management”.
The procedure is a set of activities related to the study of land , which includes the determination of the boundary points of the allotment.
However, surveying is not part of the land development process .
The object of such work - a land plot - does not fall under the Law “On Land Use”, as it was before the entry into force of Federal Law No. 66-FZ, adopted on May 13, 2008. These concepts and meanings are not related to each other.
Is land surveying necessary if there is a certificate of land ownership?
Until 2021, the certificate of ownership was the only document of title. Despite changes in legislation, these documents have not lost their legal force. After July 15, 2021, instead of a certificate, owners receive an extract from the Unified State Register of Real Estate. If a land plot has been registered in the Register, then by default it has gone through the procedure for establishing and consolidating boundaries. Attached to the extract is a site plan confirming the fact that the survey was successfully carried out.
If you have in your hands a certificate of ownership and a cadastral passport for the land, which indicates the coordinates of the established boundaries, land surveying is carried out only in exceptional cases stipulated by cadastral legislation:
- When redistributing land: combining several plots into one or dividing into several land holdings.
- When land disputes arise and are resolved in court. The need for land surveying is determined by the court.
- To eliminate registry errors.
Is it necessary to do land surveying if the plot is registered in the cadastral register?
Rosreestr specialists claim that in such cases land surveying is only advisory in nature. The bill on giving land surveying the status of a mandatory cadastral procedure was never adopted, so the work is carried out at the discretion of the owner. In practice, there are often transactions with land plots whose boundaries are not defined. The main thing is that there is a cadastral number and the land is included in the register of rights to real estate. On the other hand, this significantly reduces the liquidity of the property, because the potential buyer understands: in the future it may be necessary to carry out land surveying, and this will be unnecessary trouble and expense. So if you are planning to sell a plot, timely defined boundaries will significantly increase the market price.
In addition, any manipulations with the land area require land surveying to secure new boundaries. If you plan to get a mortgage from a bank and provide a plot of land as collateral, then land surveying becomes a mandatory requirement.
Is land surveying necessary if the plot is not registered in the cadastral register?
Yes. Only after establishing boundaries will you be able to formalize ownership and conduct transactions with land - sell, donate, inherit, exchange, rent.
Factors affecting cost
The price for land surveying by municipal authorities is determined in accordance with government recommendations . When calculating the cost of the procedure, a large number of factors are taken into account, but the price cannot exceed certain maximum permissible values.
The price for surveying from engineers working in private organizations directly depends on average market prices and the company’s reputation .
A combination of the following factors is taken into account:
- Location of the site. The remoteness of the site from large cities and the office of the company from which the project was ordered can increase the cost of surveying, since specialists will have to get there with special equipment.
- Urgency of work. The more urgently you need to draw up a project, the more the service will cost, since urgency requires more intensive work by engineers and is associated with additional costs.
- Object area . The larger the area, the more work specialists will have to do when determining its boundaries, so the area must be taken into account when determining the cost of a service in any organization. And if the area of the plot exceeds 10 hectares, the cost is negotiated individually.
- Legal affiliation . The more additional documents engineers need to collect and prepare, the higher the cost of the service will be.
- Scope of information entered into the register . If land surveying of your site has already been carried out and cadastral and land management documentation is present, the procedure will be cheaper.
- Scope of work done . Regardless of preliminary calculations, the cost of land surveying can sometimes increase due to the need to carry out previously unplanned work that requires a lot of time.
- Nature of use of the site . If the site is the property of a legal entity, its surveying will cost more than a similar procedure for a site that will not be used for commercial purposes in the future.
The cost of surveying carried out by a municipal body and a licensed engineer working for a private organization is not much different.
At the same time, the time frame within which a specialist from a non-municipal organization will complete the work is more compressed, so it is profitable to contact private organizations, provided that the specialists are highly professional .
Step-by-step instructions for land surveying
According to land legislation, land surveying can only be carried out by a certified cadastral engineer who is a member of a self-regulatory organization (SRO), as well as a specialist from a company licensed to provide this cadastral service. To reduce the time as much as possible and get a high-quality result, we recommend proceeding in stages.
Preparation of documents for the site
To carry out work to determine and clarify boundaries, a number of documents will be needed. Let's consider the main nuances regarding their preparation and feasibility.
Passport
The passport confirms the identity of the owner of the plot. If an authorized person acts on his behalf, the latter’s passport and a power of attorney certified by a notary to confirm authority are required.
Confirmation of land ownership
According to the current legislation of the Russian Federation, title documents are considered:
- Purchase and sale agreement, if the plot was purchased from an individual.
- Donation agreement.
- Certificate of inheritance.
- Resolution of the local administration, if the site was provided for use without registration of ownership.
Which of the following documents you will need depends on the method of obtaining the land. In any case, prepare a certificate of state registration of rights to the land plot.
Copying
A copy of part of the general plan of the locality or territory on which the site is located. The copy displays the boundary area and the lands adjacent to it.
The document is produced in color or black and white and must include the following information:
- Symbols on the master plan.
- The scale in which the document is executed.
- Information about the originator, certified by signature.
- Date of document preparation.
To obtain a copy, contact the architectural department of the municipality in whose territory the land plot is located, and have the copy certified by the local administration. To save time, the document can be ordered at the MFC at the applicant’s place of residence. A copy of the master plan is made within three days from the date of application.
Cadastral passport/extract from the Unified State Register
The document includes information contained in the State Real Estate Cadastre. Until January 1, 2021, the provision of a cadastral passport was mandatory; now you can get by with an extract from the Unified State Register of Real Estate. Consists of several pages and contains:
- Information about the physical characteristics of the site - local coordinates, land category, area.
- Graphic land tenure plan.
- Cadastral number indicating the date of assignment.
- Cadastral value of the land plot.
- Information about the owner and persons having the right to use.
- Information about restrictions or encumbrances on the land.
- List of documents on the basis of which ownership rights are registered.
If you have issued a cadastral passport for land before 2021, and the site has not undergone any changes, you do not need to order an extract separately.
Cadastral plan
Detailed drawing of the cadastral quarter in which the site is located. The document can be ordered separately from Rosreestr or an extended extract from the Unified State Register can be used.
Search for an artist
To check a potential contractor, use the official website of Rosreestr. Anyone can find a list of cadastral engineers, check the validity of the qualification certificate, and whether they belong to a self-regulatory organization. Another plus is that you will receive up-to-date information based on the results of inspections of the cadastral engineer’s activities. If the rights registration authority issues a refusal after checking the documents provided, everything is recorded in Rosreestr. This is an indicator of the quality of a specialist’s work, which cannot be replaced by reviews on the Internet.
Receipt of documents and certificate of completion of work
After completing field measurements on the ground, the cadastral engineer, based on the results of a topographic survey of the site, draws up a boundary plan and provides it to the customer along with a certificate of completion of work.
Checking the results
The received package of documents should be submitted to the MFC or the territorial office of Rosreestr. Within 10 days, the results are checked and, if there are no errors, entered into the Unified State Register of Real Estate. The procedure is completed by obtaining a certificate of ownership.
Payment Features
Before ordering a service, you need to study all the terms of cooperation - familiarize yourself with the contract, forms and amount of payment, requirements for the work. To save time, this can be done over the phone or via online chat on the company’s official website. This way, experts will be able to provide the necessary information and advise on the nuances of land surveying.
The necessary conditions
The basic requirements for this procedure are not complicated. You need to find a contractor (cadastral engineer, company), agree on cooperation issues and ensure payment. An important point is the consent and presence of all neighbors during the work. They must sign the survey document. Failure to comply with this condition will result in cancellation of the document.
Land surveying regulations:
Indicators | Description |
Conclusion of an agreement | This will require proof of ownership and a passport |
30 days before the start of the procedure, notify neighbors | they must be present while the specialist is working |
Formation of land surveying | it is made in two copies - one is submitted to the cadastral chamber, the second remains with the customer |
Submission of documents to the Rosreestr office | to make changes to information about the site |
Representation of the owner's interests by a third party is allowed. To do this, you need to draw up a power of attorney and have it certified by a notary.
Cost of the procedure
Land surveying is a complex, multi-stage procedure. Companies indicate an estimated cost, which may change depending on specific conditions. First, the land plot is analyzed according to the criteria of location, transport accessibility, and setting boundaries for neighboring plots.
Types of services:
Indicators | Description |
Defining boundaries | For this purpose, geodetic equipment and methods for installing location data are used. The cost of the service varies from 2,000 rubles. up to 80,000 rub. |
Planning | information from the first stage is entered into it, complete data about the land plot and its owner are indicated. Price – about 4,000 rubles |
Topographic survey | is an application to boundary work, it is needed to visually establish certain boundaries. Cost up to 1,200 rub. |
The price depends on the region where the plot is located. The highest rates are in Moscow and the Moscow region - from 10,000 rubles. up to 80,000 rub. For the Leningrad region, prices start from 7,000 rubles. up to 30,000 rub. In the regions, prices rarely exceed 20,000 rubles.
Calculation example
To calculate the cost of land surveying, specialized software systems are used. They take into account the requirements of regulatory documents; it is possible to change values and tariffs. The latter are installed by a cadastral engineer or company.
The following factors influence the final cost:
Indicators | Description |
Number of corners of the plot | on average, each increases the price by a factor of 1.005 |
Height difference | influences the number of measurements to determine the exact boundaries. Each additional measurement is +5% to the cost |
Additional services | obtaining a cadastral plan, registering a building or allotment with Rosreestr |
To control the final cost, you can request a full estimate. It must indicate all types of work and their prices. This document is issued only upon request and is not included in the mandatory list for submission to Rosreestr.
Video: cost of the procedure
How is land surveying carried out?
The procedure is regulated by special instructions and is carried out in stages:
- Concluding an agreement with a land surveying organization.
- The cadastral engineer prepares a package of documents: a project, an agreement with neighbors, the results of a topographic survey indicating the coordinates of the site. Establishes the area and prepares a boundary plan.
- The customer is provided with a boundary plan: a detailed drawing and text description.
- Updated data is transferred to the Unified State Register of Real Estate for registration. The result is receiving a cadastral passport with the indicated cost and individual number.
- Establishment of ownership through Rosreestr or MFC. The applicant provides a cadastral passport, personal passport and SNILS, land documents. After paying the state duty, specialists check and update the information in the Unified State Register of Real Estate.
Let's look at the procedure in more detail. After notifying neighbors about the upcoming land survey, a cadastral engineer goes to the site and carries out surveying using specialized equipment to determine coordinates on the ground. The capabilities of modern technology make it possible to record the actual dimensions of a site with an accuracy of several centimeters. The process takes no more than half an hour, even if you have a memory of an impressive area or with broken boundaries.
After receiving the results of the cadastral survey, the specialist will prepare a boundary plan within 2-3 weeks. It necessarily includes the act of coordinating boundaries with neighbors. The owner of the site can also collect signatures, but it is better to entrust this stage of work to a certified specialist. We will discuss what to do if the owners of adjacent landholdings refuse to sign the act or do not agree with the results of the land survey.
The cadastral engineer transfers the boundary plan to the owner of the site. The latter submits the document to the MFC along with an application for cadastral registration of the land. To do this, you need a passport and title documents. By law, you can entrust interaction with cadastral authorities to a specialist, but this requires a notarized power of attorney. If a new plot created as a result of land redistribution was subject to surveying, it is first registered in the cadastral register without securing ownership. After this, the owner draws up and receives title documents.
Registration of property rights is the last stage of the procedure. If the boundary plan and other documents are drawn up and submitted without violations, the applicant receives a cadastral extract. It fixes ownership of the plot and establishes the boundaries of land ownership. The process of obtaining an extract from the Unified State Register takes up to 7 working days if you submit documents through the MFC.
Boundary plan and its specifics
The boundary plan consists of a text and graphic section. The document describes in detail the measurement results and contains the information necessary for entering into the Unified State Register of Real Estate:
- Primary data.
- Results of measurements on the ground.
- Site layout diagram.
- Geodetic construction scheme.
- Drawing of the site and its individual parts.
- Information about newly formed or changed areas during the land surveying process.
- A copy of the notice and certificate of no objection.
How to choose a contractor for land surveying?
The cadastral engineer providing the service must be a member of the SRO and comply with the requirements of the Federal Law of the Russian Federation “On the State Real Estate Cadastre”. A prerequisite is that the contractor has compulsory civil liability insurance.
After checking the authenticity and validity period of the certificate, you can pay attention to public reviews about the organization where the cadastral engineer works. Practice shows that performers and organizations whose ratings are above average deserve attention. When concluding a contract, carefully study the rights and obligations of the parties, the procedure for termination and other important points. If necessary, consult with a lawyer: this will help to avoid disputes at the stage of providing the service and signing the certificate of work performed.
The contract for the provision of services must necessarily indicate the obligations of the cadastral engineer who is engaged in land surveying:
- A specialist will visit the site to study the real boundaries of the land plot, install boundary signs and determine the exact area.
- Drawing up a boundary plan in accordance with the requirements of current legislation.
- Notifying neighbors about upcoming land surveying. This is a mandatory stage of the procedure, which is carried out before starting work on the ground.
Cost of land surveying in 2021
It is important to take into account that, according to the law, cadastral activities are classified as departmental activities, therefore each organization has the right to formulate an independent pricing policy. The cost of surveying is not regulated by the state. The exception is some municipal organizations, whose service delivery speed and quality are low.
On average, land surveying work in St. Petersburg and the Leningrad region amounts to 15 thousand rubles. For reference, in the Moscow region it is 20-30 thousand, in the regions - 7-10 thousand rubles. For legal entities, the cost increases by 2 on average.
Negotiate payment terms in advance: full prepayment, postpayment or advance payment. Keep the receipt and receipt: in case of disputes, this will serve as proof of cooperation.
How to make it for free
In 2021, a new pilot project is in effect, which allows residents of 13 regions to carry out free land surveying of their land holdings. The list includes regions of the Far North, as well as Crimea.
According to the law, land surveying can be carried out free of charge in the following cases:
- Rent or purchase of municipal unsurveyed land through an auction;
- The work covers a large area. During their course, each plot is separated separately.
In other situations, you will have to pay for the services of the geodetic company’s employees.
Is it possible to carry out land surveying for free?
Ordinary citizens have the right to free land surveying only during complex cadastral works initiated by the state or municipality. Information about upcoming cadastral works is published in the media and on the websites of local governments. The owner of the plot applies to the municipal cadastral organization listed on the website and submits an application in free form. The address, cadastral number of the plot (if it is not registered), full name and passport details of the applicant must be indicated.
Another category of citizens who have the right to free land surveying are large families or disabled people who receive assistance as part of social support by local authorities. For more detailed information on who and how can carry out land surveying free of charge, please contact your municipality.
Free surveying will help you quickly and effectively solve the following problems:
- Enter into the Unified State Register information about the plot, the ownership of which was registered before 1998.
- Correct documented cadastral errors in the boundary plan.
- Register the site with the cadastral register if data on the boundaries are available in Rosreestr, but there is no boundary plan.
Important!
Free land surveying is possible if a plot of land from the state or municipal land fund is allocated to citizens in need of housing and raising three or more children.
Optional or mandatory?
The term “surveying” means fixing the boundaries of land plots on the surface of the earth using geodetic methods. And then - legal registration of the obtained indicators: the configuration of the site, its area, etc. in the survey file, with the subsequent inclusion of the received information in the Unified Register.
After surveying and registration, the land plot has its own individual number and owner’s name, and the Unified Register provides government agencies with data that fully describes this object.
Ideally, the following information about the memory will be present there:
- the grounds that made it possible to transfer the object into ownership of a given person, individual or legal entity;
- date of registration, type and category of allotment;
- description of location and address;
- geographical coordinates;
- boundary lines and turning points;
- square.
The encumbrances of the land plot, if any, claims and restrictions must also be indicated.
The owner is obliged to carry out land surveying in order to be able to dispose of his land. Until December 31, 2021, this was voluntary, but has now become mandatory. At least for those owners who would like to sell their plot, or donate it, or start construction on it, or simply leave it as an inheritance to their children.
From 01/01/2018, no transaction with a land plot will be concluded unless land surveying is carried out. This rule is universal, for all categories of owners and for land plots of any purpose. There are no exceptions.
If a person does not plan to change anything, he has simply been using his landfill since time immemorial, using it for recreation or for growing flowers, then he does not need to rush into land surveying. We just need to remember that inaction can sometimes lead to unexpected consequences: such a land plot can, under certain circumstances, be removed from the cadastral register and transferred to the use of the municipality.
Information about registered land plots can be obtained by accessing the Rosreestr portal to the public cadastral map: www.rosreestr.ru.
Land surveying of dacha plots (dacha amnesty)
If your plot meets the legal requirements for a dacha amnesty, registration of ownership is carried out in a simplified manner. If the owners of adjacent landholdings do not make any claims regarding the boundaries and area, the land can be registered in the cadastral register without land surveying at all (according to Article 69 of the Federal Law No. 218 of July 13, 2015).
In other cases, land surveying of dacha plots is carried out in general order according to the usual scheme, with the exception of some points:
- For plots located in SNT, information about boundaries is taken either from title documents or from the general plan of SNT.
- The survey results are agreed upon not only with the owners of adjacent landholdings, but also with the administration of the dacha cooperative, SNT or other municipal entity. It all depends on what the land mass being bordered belongs to.
Repeated surveying, feasibility and procedure
For owners of plots in SNT and dacha cooperatives, and these are mostly pensioners, land surveying is difficult and troublesome. Moreover, they don’t want to do it again until the last minute.
They can be understood, but if they (or their heirs) decide to sell their summer cottage plot this year without demarcation, then we can expect that they will be denied registration of the transaction.
We can only hope that the notary will show sympathy and formalize the transaction with the buyer, who will take on all the hassle of carrying out the demarcation. However, the transaction price will be completely different.
There are quite a lot of such owners of land plots, since on 03/01/2008 it was announced that repeated land surveying is not necessary when the owner changes. New owners were issued cadastral passports without documentation about the boundaries of the land plot, especially if there were no disputes with neighbors. It listed the area of the land plot, address, cadastral number and permitted type of activity.
In 2021, repeated land surveying has again become relevant, and there is no point in delaying it. First of all, because the neighbors, having realized its necessity, may start the process first and inadvertently infringe on your plot. You never know - whoever stood up first gets the slippers. Even if there was no intent, but simply a mistake by the surveyors not in your favor, then you will be tormented later by running around the courts and proving it. It’s better to start protecting your interests first.
There are also very specific cases when repeated surveying is indispensable. For example, dividing a plot or adding a new part to it.
Terms of work
According to the current cadastral legislation, the terms of land surveying are not fixed in regulatory legal acts; they are determined individually when concluding an agreement with a cadastral engineer or a specialized organization. On average, the duration of the procedure from the start of cooperation to receiving an extract from the Unified State Register and entering information into Rosreestr takes two weeks.
In some cases, surveying takes longer. This depends on the remoteness of the object, the number of adjacent landfills, the qualifications and current workload of the cadastral engineer. If errors are detected, employees of Rosreestr or the Cadastral Chamber will suspend registration and the process will have to start again.
Coordination of land surveying with neighbors
Before starting the land surveying procedure, consent must be obtained from the owners of adjacent landholdings. For this purpose, a written notice is prepared, which indicates the date and time of the survey, the purpose of the survey, and information about the cadastral engineer. Neighbors must give written consent on this document, indicating passport details. If the land plot being demarcated is located in a dacha or garden community, you will additionally need permission from the Chairman of the Board.
Cadastral legislation allows several options for notifying owners of adjacent plots about upcoming land surveying:
- Coordination on an individual basis. The simplest and most accessible method, but it is only feasible for neighbors with whom you know each other well personally and have no disagreements over boundaries. You can obtain signatures on the approval document during a personal meeting and calmly entrust the work on the site to a cadastral engineer.
- Written notice. Suitable if you have several neighbors who disagree with the current boundaries. Owners of adjacent plots are notified of an upcoming meeting at which the issue of boundary location will be decided. The cadastral engineer fills out the notification template and delivers it to the owners of adjacent landholdings against signature. The notice can also be sent by mail to the address indicated in the extract from the Unified State Register of Registers for adjacent accounts.
- Publication in local media. It must be remembered that not any newspaper is suitable for this, but only the official printed organ of the local government, which regularly publishes municipal legal acts and other official information. Notification by publication in the media is permissible only in certain cases: if the extract from the Unified State Register for adjacent plots does not contain the address of the owner, if the adjacent plot is located within the boundaries of horticulture/gardening, is part of agricultural land, or if the number of owners is more than 5.
What to do if neighbors do not agree with the conduct or results of land surveying?
If the owners of adjacent plots have objections or disagreements with the land surveying procedure or its results, everything must be recorded in the act. After this, the situation is reviewed by the Cadastral Chamber or employees of the territorial division of Rosreestr. If the neighbors do not sign the deed, the dispute will have to be resolved in court. We recommend using the help of a land lawyer or a lawyer for cadastral disputes, instructing him to draw up a statement of claim to establish the boundaries of the land plot.
For disputes about refusal to coordinate boundaries, the statute of limitations is three years, from the moment of violation of rights against the plaintiff. In our case, from the date of refusal to sign the act by the neighbors.
Other problems arising during land surveying
The most common problem is exceeding the permissible area standards. The legislation allows for an upward revision of the area of plots, but only with the consent of local governments and only to the size of the minimum established plot in a given region. For example, if the minimum permitted size is 500 square meters, then as a result of land surveying you can increase the area of the land plot by the same 500 sq.m. In practice, it is difficult to get local authorities to sign the act, which leads to lengthy, unresolved disputes.
What to do if your neighbor doesn't agree?
During the work, various controversial situations may arise with neighbors, which is not at all uncommon. It is better to prepare in advance for possible compromises. For example, to successfully and quickly complete demarcation, you can make small concessions if a conflict arises with a neighbor. Indeed, in the event of a trial, you will spend a lot of personal time and incur additional financial expenses. Under any circumstances, all controversial issues must be recorded in documentary form. If, however, the case comes to court, then the entire history of the site will have to be presented.
How to challenge the results of land surveying?
If you do not agree with the results of the survey, contact your local administration with a detailed description of the problem. In case of a written refusal to re-survey, try to resolve the problem pre-trial by sending a complaint to the prosecutor's office. After the prosecutor's refusal, the only way to achieve a revision of the boundaries or area is to file a lawsuit.
When considering a claim in court, the plaintiff will have to prove that the results of the survey carried out violate the right of ownership of the land plot, and the boundaries of adjacent land ownership do not correspond to the actual ones. Before going to court, prepare the following documents:
- A boundary plan or boundary file, to which an expert opinion of a cadastral engineer is attached.
- Certificate of registration of ownership of the land plot, an extract from the Unified State Register of Real Estate or a cadastral passport for the land.
- Conclusion of land management examination. You can order it yourself or wait until it is carried out at the request of the court. In the first case, you will save time, and the money spent will be compensated by the defendant if the claim is satisfied.
Question answer
Is it possible to carry out land surveying faster than the specified time frame?
Land surveying is a complex cadastral procedure that cannot be carried out independently. To speed up the process, decide on the contractor in advance, collect title documents, certificates and extracts. Submit them to the cadastral engineer, this will reduce the cost of work and reduce the time required to provide the service to a minimum.
Is it possible to carry out land surveying yourself?
Land surveying, like any land management work, can only be carried out by a certified cadastral engineer. The owner has no such right. There are some things you can take on yourself, which will significantly speed up the procedure:
- Ask the cadastral engineer for an act of approval of boundaries and collect signatures from neighbors.
- After receiving the boundary plan, prepare documents confirming ownership of the plot, transfer them to Rosreestr and register the land plot with cadastral registration.
pros
Land tenure on which land surveying was carried out has a number of advantages over land ownership with unknown coordinates:
- Realtors and buyers prefer to enter into transactions with plot owners who have identified the extreme points in advance and completed the appropriate documentation. The presence of a boundary map and the entry of land ownership into the cadastral register allows one to subsequently avoid a number of difficulties associated with proving ownership ;
- sell demarcated property much faster , since you do not have to wait for the completion of boundary work and carry out the property registration procedure;
- When surveying, the list of actions that can be carried out with land ownership expands significantly.
If a number of conditions are met, the procedure can be carried out free of charge . The services of specialists are paid for from the local or federal budget.