Demarcation of a land plot, what is it: procedure for carrying out the procedure between two owners, price

Demarcation is an opportunity to finalize the existing land plot, it is the final resolution of possible territorial disputes with neighbors. If the owner of a private house registers ownership of the adjacent plot, land surveying is a necessary and quite important step in the process of obtaining the necessary documents. But in order to do it at a high professional level, it is important to carry out the work correctly, doing everything in accordance with existing requirements.

What is land demarcation

Demarcation of a land plot is the determination, consolidation or restoration of the exact boundaries of an existing plot or newly formed ones, after their division or merger with possible legal confirmation of the indicators. The procedure takes place through a complex of survey, engineering, geodetic, and legal work, during which the land receives clear boundaries and is attached to a specific area. The procedure for carrying out the event also includes obtaining an individual cadastral number, address and creating special technical documents.

The documents include the creation of a plan-scheme with fixed dimensions, boundaries of plots, their exact location and other individual characteristics that define the divided plots as separate objects of property, civil rights and obligations. Obtaining a cadastral number and passport is necessary for special government bodies that deal with land records. Such documents contain all the data and confirm the existence of a land plot, the right of ownership of a certain person and its individual territorial properties at the state level.

Legal regulation

The legal regulation of the delimitation of land plots is prescribed by the main regulations:

Land Code of the Russian Federation.
Instructions for land surveying, which were approved by the Committee of the Russian Federation on Land Resources.
Federal Law on state registration of rights to real estate No. 122.
Federal Law on the cadastre of objects No. 221.
By order of the Ministry of Economic Development of the Russian Federation.

Since 2021, a law has been introduced that does not allow any transactions (purchase and sale, exchange, donation, use as collateral, inheritance, etc.) with lands, regardless of ownership, if there is no data in the cadastre about the exact location of the boundaries of this area. The provision applies to all territories allocated for agricultural purposes (dacha or personal farming, gardening, vegetable gardening), individual housing construction.

When receiving a cadastral passport, in column 15 it is indicated - “The boundary of the land plot is not established in accordance with the requirements of land legislation.” But legislative bodies do not force residents to carry out demarcation without fail.

In connection with this information, we can conclude that the current owner may become an interested party in land surveying in order to gain the opportunity to fully dispose of the existing land. The future owner, since without carrying out the procedure it is impossible to rent or purchase a plot, transfer of the territory from the state to certain property rights.

Work order

To carry out these works, the state has created a certain procedure. It is as follows.

The procedure begins, of course, with the client deciding to carry out such work. This may be a consequence of a need that has arisen or a decision based on some reasons. After this, you need to find the most suitable surveying company. It is important that she has sufficient experience in cooperation with Rosreestr. A very important circumstance is the level of qualifications of the employees conducting surveying. The procedure is not only quite expensive, but is also performed very rarely, often only once. Therefore, mistakes that may be made in this case will remain for a long time and can create corresponding problems. In addition, during the land surveying process there are problematic situations that need to be resolved at a high professional level. An example of these could be disputes about boundaries and making changes to cadastral data if the need arises for them at the end of the land surveying procedure.
Then the specialists hired by the client act. One of the first issues that needs to be resolved is organizing a meeting with the owners of neighboring plots, discussing common boundaries with this plot, as well as how to conduct a discussion on clarifying these boundaries and making a final decision on this issue. The situation is complicated by the fact that some of the neighbors may be absent, and contact with some may be lost for many years.
Then, based on the work performed, land surveying is carried out, boundaries are linked to the appropriate landmarks, linked to certain geodetic coordinates, and appropriate diagrams and plans are drawn up.
Based on the work done, a final document is drawn up, signed by the interested parties, and attached to the final package of documents. It is usually signed by: the client, a representative of the geodetic company, and also a representative of the local authorities.
Documents are submitted to the Land Resources Committee. There, the papers undergo an examination to determine whether the documents comply with the requirements of current legislation.
After this, the approved documents are transferred to the Rosreestr authorities, where the final stage of paperwork takes place.

After all these procedures have been completed, the site is registered in accordance with existing legal requirements.

When you might need it

Owners of land properties are obliged to use them in accordance with current legislation, without violating the rights of owners of adjacent territories. But in the absence of precise boundaries, many problems arise. The delimitation of the land plot is carried out:

If disagreements arise between the owners of nearby territories. To resolve possible disputes, it is necessary to clearly define the boundaries of property.
If the owner of a large plot wishes to divide it. If it is not possible to pay too much tax. Subdivision helps to manage parts of the land differently. For example, sell one area and rent out the second or donate it as a gift.
When registering land ownership. This could be the purchase or inheritance of land (for example, to a child from parents), privatization of state or municipal property.
If two or more joint owners wish to clearly define their property boundaries. Heirs or divorced spouses wishing to dispose of property that is in shared ownership.
When conducting any kind of property transactions. Sale, donation, use as collateral.
When combining several land areas into one. For example, a decision was made to increase the territory of the property, and neighboring plots were purchased.

Additional Information

Although the procedure is not free, there are still certain situations when the state provides the opportunity to carry out free land surveying.

One option is to survey land purchased from municipal authorities through a specialized auction. In this case, the state guarantees free implementation of the specified work. As you know, there are large territories in the country that are not in anyone’s private property and have not been surveyed. Of course, the state partially uses such territories for its own purposes. However, this leaves large tracts of land that are practically not included in economic circulation. In order to change this, municipal authorities provide such land to private users so that they can use it and pay taxes on it. Sometimes plots are provided for rent, sometimes for indefinite use, and in some cases the land is sold through specialized auctions. In the latter case, we are talking about providing free land surveying services.
Sometimes cadastral work is carried out not on any one or a small number of plots, but on a large territory - in the cadastral quarter. In the case of mass production of work, these services are provided by the state free of charge.

The state provides free opportunities in cases where plots of land that previously belonged to it are put into economic circulation, increasing the tax base, bringing it an increase in budget revenues.

For these purposes, a special federal program was created. It has a limited validity period - until 2021. This relates to the second point of this list. How to find out about it in time? It is interesting to note that even after the expiration of the specified period it will be possible to use it. To do this, it will be necessary to contact the Land Issues Committee with a request to obtain the appropriate permission on the basis that the owner of the land plot was not aware of the opportunities provided at the time. The matter will be considered by this Committee and a decision will be made. If it is positive, the survey will be carried out free of charge.

Advantages and disadvantages

Land demarcation, like any other procedure, has its pros and cons. The advantages include:

After the land surveying procedure, many opportunities and actions with the property open up. You can easily carry out any transactions: sale, exchange, gift.
Facilitation of procedures for transferring rights to third parties, registration of property rights, thereby increasing the likelihood of loan approval.
Facilitation of obtaining all kinds of development permits.
The end of possible disputes about the boundaries of territories with neighbors, since all boundaries are documented, the owners of neighboring territories confirm their agreement with the results of land surveying.

The disadvantages include:

High cost of cadastral engineer services.
Timing of the procedure. On average it takes from one to three months.
The risk of incorrect preparation of documents by cadastral engineers.
Sometimes the competence of municipality representatives in some issues is insufficient.

When it is necessary to secure the boundaries of the site

The boundaries of the site are fixed at the initiative of the owner or copyright holder. In order to secure boundaries, you first need to define them, i.e. bring into nature. This is required for various reasons, for example when purchasing a plot that does not have fences, in order to make sure how and where the boundaries are, what is the actual area of the land being purchased. Also, securing boundaries with boundary signs may be necessary in disputes with neighbors, to eliminate cadastral errors, and in other cases.

Who carries out the delimitation of the land plot, the cost of services

Specialists in the field of jurisprudence, geodesy, and land management should participate in the process of land delimitation. Representatives of the design and survey department of Rosnedvizhimost, licensed to carry out engineering and geodetic work, have the right to do this. These can be individuals or legal entities who are allowed to rent, as well as engage in cartographic and geodetic activities in a given area. The very procedure of measurements, calculations, determination of boundaries and drawing up boundary plans is carried out by cadastral engineers who have received the appropriate qualification certificate.

The cost of services may vary significantly between private companies and those operating with the permission of Rosreestr (you can find out directly from their representatives how much their services will cost). Employees approved by Rosreestr use a special formula, which calculates the cost of the entire range of services. The formula includes the location of the object, its possible difficulties, features, and the hourly wage of the cadastral engineer. Private companies independently calculate the total cost, since there are no prices approved at the state level. However, representatives of local authorities are trying to control price increases during such events. To the costs you can add the state duty for conducting an examination of the documents made and registering property rights. These prices may vary significantly depending on the region.

The procedure for delimiting land area

The delimitation of a land plot has a certain procedure approved by law. Failure to comply with this procedure and work technologies may lead to the cancellation of the drawn up act:

Contact a geodetic company that has all the permits to carry out the procedure and a good reputation. Deciding what future sites will look like.
Notifying co-owners and owners of adjacent territories so that they give permission to carry out the procedure, agree on the boundaries, and can be present.
Drawing up an act containing information about the conduct, results of the work, complete data of the owners, neighbors, engineer, invited representatives of the local government, and their signatures.
Sending the received act to the special commission for approval.
Registration of property rights, obtaining cadastral passports.

The duration of surveying is from 2 weeks to several months, depending on possible difficulties and litigation.

The created plots that will be demarcated must correspond to their intended purpose and have passages and driveways. Must meet the minimum indicators of the formed area, for example, land for farming has a minimum threshold of 2 hectares, and for vegetable gardens - 4 acres (the numbers vary depending on the region).

The demarcation of the territory under an apartment building follows the same principle, but has its own characteristics. The formation of the area is carried out by the local government through public hearings, where all objections to the division of interested parties can be considered, since the land under the house belongs to all apartment owners.

Necessary documents, sample application for demarcation of a land plot

Before starting land surveying work, you need to collect the established set of papers:

A document confirming the person’s identity (passport, TIN).
Application for land surveying. Compiled in free form.
Title documents confirming the right of ownership or disposal of the plot. This could be a notarized power of attorney, a certificate of receipt of an inheritance, an extract from the Unified State Register of Real Estate, or a decision on the transfer of land.
An extract from the BTI to confirm the location of buildings on the site and their location.
Land plan.
A layout diagram of all kinds of highways and public places on the territory may be required.
Consent of co-owners and neighbors or a court decision to carry out the procedure.

An agreement is drawn up with the selected company to carry out the procedure. Consists of mandatory items:

Who, when, where, for what reason draws up this agreement.
Information about the site, documents received.
Formation of prices for the entire range of services, indicating all points.
Drawing up the rights and obligations of the parties to the agreement.
The ability to protect yourself from unforeseen risks.
Date of compilation, signatures of the parties.

Preparation of a package of necessary documents

To formalize the demarcation of a site, you need to prepare a package of necessary documents:

Of course, documents will be required that identify the applicant - the owner of the land plot in question. Usually we are talking about a passport.
In some cases, it will not be the land owner himself who will prepare all the necessary documents, but his legal representative. This is permitted by law. However, to carry out this activity, he must have a power of attorney drawn up in accordance with all the rules. It must also be presented in the package of documents under consideration.
Since we are talking about ownership of real estate, grounds are required for this. Therefore, a document must be presented on the basis of which there is ownership of the land in question.
Since the land was usually owned by someone else before the owner took possession of it, a deed of transfer of ownership must be provided. One example of this type of document could be a purchase and sale agreement for a specified plot of land.
In some cases, owned land can be used by someone else at the same time. Here we mean, for example, various kinds of linear objects. One example is the power lines running through the area in question. If they are not available, you need to submit the appropriate certificate from the municipal authorities. It should also be included in this set of documents.
An agreement on the performance of land surveying work with a geodetic organization must also be attached to this package of documents.
A special application for land surveying, which must be drawn up according to certain rules.

All necessary documents are submitted to the government agency, which will review the results of the survey and make the final clearance.

Neighbors and land surveying: how to resolve a dispute

The engineer conducting the procedure does not have the right to resolve disputes between the parties; he will only fix the boundaries of the land that the owners agree on. Before starting the procedure, you need to notify your neighbors in any convenient way: in person, through a newspaper, by phone, by registered mail. The owners of adjacent territories confirm the established boundaries. When drawing up the act, their signatures and identification documents are required. When the site is in common ownership, the consent and presence of all owners or their representatives by proxy is required. This will document that the owners of the adjacent territories have no objections to the existing boundaries, and they are established correctly. If the territory belongs to any partnership, then the consent of the chairman of the board will be required before starting.

If serious disagreements arise and compromise is impossible, there is only one way out - going to court.

The court may need the following actions:

Ordering an extract from the Unified State Register of Real Estate for the plots of both representatives of the dispute.
Obtaining documents for all kinds of communications, power lines. Determining the exact boundaries of environmental protection zones.
Obtaining all kinds of certificates from SNT, ILI or DNP, if the site is related to them.
Obtaining as complete a history of your land as possible: by whom and when it was received, from whom, what the area and borders were at that time.
A land survey may be required. It can cost from 15 to 45 thousand, depending on the area.

A legally qualified person will also be required to protect rights.

How to get the right to free land surveying

The opportunity for free demarcation of the site can be realized until 2021 inclusive. Free surveying means that the services of a registered engineer are financed from the state budget under a special program, but all state fees are paid by the owner. You can find out about complex land surveying in your region from the media or the administration. To implement it, you must contact the registry organization that carries out the complex of work with a free-form application. A certain set of documents will need to be attached to the application; you can find out about it in the same organization where the application is being submitted.

The following have the right to conduct land surveying at the expense of the state:

owner of the site;
long-term tenant of the space;
owner for lifelong use.

Demarcation of a land plot is an important procedure that can simplify possible legal actions with the territory, disputes between neighbors and co-owners.

Cost of work

Since the issue of price when carrying out such work is quite important, it makes sense to consider it in more detail. In order to understand the situation, it is necessary to understand who and how sells their services in this market, demarcating the land plot.

This activity cannot be carried out by any person. To perform the work, he must have the appropriate license provided by the state.

There are possible options here.

We recommend that you read:

If there is a cadastral number of the land plot, is land surveying necessary?

Services are provided by a cadastral engineer - an individual. The agreement on their provision is concluded with him.
Work can also be carried out by a legal entity that has the right to do this. How to find out about this? It must include a licensed cadastral engineer.

The work will be completed after the conclusion of the appropriate agreement for the provision of geodetic services.

Price formation is influenced by two important factors:

Qualification of the specialist who will perform the specified work. As a rule, you will need to determine the amount of time spent on completing the survey.
How to find out the complexity and labor intensity of the work being carried out? This can be directly influenced by both their labor intensity and various characteristics of the site itself (for example, its remoteness).

There is no officially established rate; the price of surveying is subject to negotiation. As a result, the demarcation will cost as much as indicated in the concluded agreement.

In addition to the stated price, various payments of government fees required by law may be required.