Clarification of the boundaries of a land plot with an increase in area

Home / Real estate / Land / Land survey / Boundaries of the land / Changing the boundaries of the land

Back

Published: March 18, 2017

Reading time: 10 min

1652

Clarifying the boundaries of a land plot is very often a necessary measure, even if they were previously defined in the main documents, but were not put into practice.

In this case, it may be necessary to carry out boundary work, the purpose of which will be to clarify the existing boundaries.

However, under certain conditions, the area of the plot may increase if the interests of the owners of adjacent plots are not affected.

Legislative regulation
In what cases can you increase the area of a plot when clarifying the boundaries?
Permissible limits for increasing the area of the site
Ways to increase the area of the site when clarifying the boundaries
Possible problems

Legislative regulation

All issues related to the sphere of land legal relations are under the jurisdiction of the largest regulatory act in this industry - the Land Code.

In accordance with its provisions, enshrined in Articles 11.9-11.10, when forming or rebuilding existing land plots, as well as when drawing up special cadastral documents (for example, if we are talking about the layout of a plot on a cadastral plan of the territory), it is necessary to take into account the location of the boundaries of a specific plot.

If such information is not available, the boundaries will need to be clarified.

In this case, it will be necessary to refer to another regulatory act, in accordance with which all surveying activities are carried out on the territory of Russia. Such a regulatory act is the Federal Law “On the State Real Estate Cadastre”.

This law, in addition to regulating issues related to determining the procedure for carrying out boundary work, explains that under certain conditions the owner of the land plot in question can afford to increase the area of his plot.

However, for this to happen, all necessary conditions must be met, the main one of which will be taking into account the interests of the owners of adjacent plots.

These two regulations are considered key in relation to the regulation of land management issues in this case. At the same time, there is no need to talk about regulating this area of law enforcement at the level of federal subjects due to the fact that such issues are not addressed in regional legislation.

Stages of boundary changes

In most cases, the entire land surveying process, together with the approval of the site plan, is officially carried out for at least three months. This period is enough to thoroughly double-check everything and clarify the boundaries of the site. To measure, all actions are performed in several stages:

Preparation. This process begins with concluding an agreement with a geodetic company. A list of owners of adjacent plots is compiled, and a work plan is prepared in relation to the applicant’s land.
Field work. This stage includes a geodetic survey, during which the area of the site is clarified and boundary signs are installed. All measuring work is carried out using professional equipment; relief features, soil type, and other features that are recorded on the site (depression, hill, presence of a natural or artificial reservoir) must be indicated. All recorded objects must be recorded on a plan on paper.
Conclusion. This is the last stage, which includes the processing of the received information by specialists of the geodetic company, they also conduct a consultation with adjacent owners and clarify whether they agree with the measurements taken. Only after this is all the data transferred to an official document (cadastral passport), the adjustments made are confirmed by the seal and signature of the executive body.

All stages are carried out in strict sequence. As for coordination with neighbors, resolving this issue can take a long time. This process can also be divided into several step-by-step actions.

When measuring the boundaries of a local area, all types of objects present on it are taken into account Source megaprovokator.ru

Coordination with neighbors: important features

It is clarified that coordination with the owners of adjacent plots may take some time. It consists of several step-by-step actions:

Neighbors receive a notification from the geodetic company, which is sent to the place of registration or residence. It can be sent by email, registered mail, published in a local newspaper (usually this option is advisable if the exact location of the owner of a neighboring plot of land is unknown) or the document can be issued in person against signature.
The notice specifies the exact date on which the owner of the adjacent plot must appear at the geodetic company or wait for a representative of the company at home. During a meeting between the two parties, the engineer provides a plan of the measured area and clarifies whether the neighbor agrees with the changes. Typically, these meetings are held with at least three neighbors whose plots coincide with the one on which the survey was carried out.
A day is set aside on which representatives of the company answer all questions from neighbors and carry out explanatory work. As a result, none of the adjacent owners should have doubts about the legality of the actions taken to change the boundaries.
On the reverse side of the plan depicting the boundaries of the land plot, an act is drawn up, which indicates information about adjacent plots, their features are prescribed, and the exact area must be indicated.
At the last stage, all neighbors who agree with the geodetic work carried out sign the act, after which the document is filed. The passports of persons who leave their signature in the cadastral documentation must be checked.

It is noted that a representative of the owner of an adjacent plot can also sign (the owner is sick, is abroad, other reasons), but only on the condition that he has an official power of attorney to carry out such activities.

Important! A drawing is a mandatory document, without which it is impossible to draw up an act and sign it. A document without graphic data can be easily challenged in court.

An example of an ideal site plan indicating all its features Source housevrn.ru

Plan of a land plot in the open steppe without accompanying objects Source zemvopros.ru

In what cases can you increase the area of a plot when clarifying the boundaries?

Increasing the area of a land plot while clarifying its boundaries quite often encounters resistance from neighbors, since they believe that their interests may suffer greatly.

However, in this case, it should be immediately determined that making such changes will not in any way infringe on their rights. This is due to the fact that the law allows increasing the area of land plots while clarifying the boundaries only in a few cases.

Such cases will include:

The need to clarify the boundaries if the information about the site contained in the State Property Committee does not comply with the regulatory requirements for their registration;
The specified area of the plot will not exceed the norms established by law for this category of land;
If it is necessary to comply with all the conditions for determining the boundaries of the site, which are fixed in the relevant regulations;
If it is not possible to determine the boundaries of the site based on the title documents for it (for example, due to their loss), and they will be calculated based on the actual situation on the ground over the past fifteen years.

Only if the boundary refinement fits into one of these categories can the area increase be implemented.

Reasons for the procedure

The law establishes the grounds for various procedures with property. Including those that involve adjusting data on land, as well as clarifying the boundaries of land plots.

What will serve as the basis for the event:

court decision on a land dispute between neighbors;
statement from the owner of the territory;
desire of Rosreestr or the administration. This happens when, during cadastral work on a particular land, errors were revealed in determining the boundaries of adjacent plots that had already been taken into account. In this situation, the engineer in conclusion will describe all the shortcomings and propose measures to eliminate them. This will include clarification.

Permissible limits for increasing the area of the site

Current legislation, in particular the Federal Law “On the State Real Estate Cadastre”, has determined in which cases and by how many square meters the area of a plot can be increased when the boundaries are clarified.
So, if the increase occurs at the expense of a plot owned by the same owner as the one being increased, for example, by merging them, there are no restrictions in this regard.

If we are talking about increasing the area of the site, which is carried out at the expense of vacant lands adjacent to the plot under study, then it is necessary to remember that there are a number of restrictions on increasing the area:

You can only increase the plot that does not “reach” the minimum standard in size (for example, for individual housing construction this size is 6 acres, for personal subsidiary plots - 10, etc.);
An increase can be carried out only if it does not in any way affect the interests of the owners of neighboring plots (for example, the passage to neighboring plots will not be eliminated or the emergency passage will not be closed, etc.);
It is possible to increase a plot at the expense of annexed lands only by the maximum value of the minimum size of a land plot, which is determined by the relevant regulatory act for lands for a specific purpose.

If such a size is not established, then the area of the annexed territory should not exceed ten percent of the area of the study site.

Only if all these conditions have been met, the land plot can be increased, and information about this can be entered into the State Real Estate Cadastre.

Basic Concepts

Changing the boundaries of a land plot is a set of measures aimed at clarifying the size of the territory and, if necessary, making changes to the current documentation. This is documented only if the territorial zone actually shifts in one direction or another.

Simply entering updated data is not enough; it is necessary for the government agency to record the declared changes. To do this, the document with adjustments is submitted to the state body - Rosreestr, which directly records the changes made and approves the declared data with a seal.

A document with measured boundaries is submitted to the branch of Rosreestr at the location of the limited territory.

Important! Despite the fact that Russian legislation provides permission to reduce and increase the boundaries of the allotment, it must be taken into account that if the margin of error is allowed to be exaggerated, then the entered information must be correctly documented.

When changing the boundaries of a land plot, all data must be entered immediately onto a paper plan Source ndv.ru

Ways to increase the area of the site when clarifying the boundaries

Since increasing the area of a plot while clarifying its boundaries is considered from a legal point of view one of the ways to obtain a new plot, the legislator has made an attempt to limit the number of options in which an increase in the area of a plot, which is, in essence, a squatting of the territory, can be carried out.
Such cases will include:

In the case of boundary work;
When joining a neighboring plot.

In the event that an increase in the area of the plot occurs during the performance of boundary work, this will be possible only when the owner of the plot under study can prove that the area of his property in a particular case is a number of square meters less than provided by law.

But in this case, an increase will be possible only when such actions do not in any way infringe on the rights of the owners of other plots.

If, in the process of clarifying the boundaries, it turns out that another plot can be attached to the existing plot, which is also owned by the owner of the main one, then increasing the area will be completely legal.

Assignment of the right to lease a land plot. Long-term lease of land will allow you to develop a full-fledged business. Read more about this type of rental in this article.

To remove a deceased person from an apartment, it is necessary to collect a package of certain documents. You can find out more about this here.

Important in the procedure for changing boundaries

Changing the boundaries of a land plot has its own characteristics, which consist in the following two ways:

Without making adjustments to the area of the territory. It involves drawing boundary lines on the ground with clarification of all turning angles without shifting the sides of the site. There may be some redistribution of land plots with a shift, during which the area of the plot remains the same. In this case, the boundaries can move both in length and width.
With a change in area. This is possible when merging, dividing, or allocating a separate share of the plot. As a result, after the boundaries are changed, a new area of the territory will appear. In some cases, one area is divided into two or three parts. This usually happens when controversial issues arise between the heirs of a share or local area. In the case of the allocation of a certain share, the plot from which a certain area was removed remains the main one, and the new one (share) is considered secondary.

Please note that a change in the boundaries of a land plot can be ordered by the direct owner or a person who is dissatisfied with the seizure of the area. This can be either an individual or a legal entity.

Boundary measurements should be carried out exclusively by professionals in the field of geodesy Source 2gis.ru

The procedure for changing the configuration of a land plot through the court

Changing existing property boundaries often causes a lot of controversy. If the owners of neighboring plots object to the changes, the dispute will have to be resolved in court. To do this, you need to file a corresponding statement of claim in court.

The claim must indicate the name and details of the parties to the dispute, all the circumstances of the case, information about the site, and the rationale for changing the boundaries. Such disputes are not easy, so when drawing up a claim and defending your position in the process, it is better to use the help of a lawyer.

Based on the results of consideration of the claim, the court may decide to change the configuration of the existing site. And this decision will already be the basis for making appropriate changes to the land documents.

Surveying

If there is a need to clarify boundaries, resort to the services of a certified cadastral engineer. One of the important stages of the procedure is a meeting with the owners of neighboring plots to agree on boundaries. This is important not only for the actual settlement of controversial issues, but also to ensure that the boundaries of the plots do not overlap each other and do not create voids that are located between them and do not belong to anyone. Depending on the results, final processing is carried out. If the parties could not find a common language among themselves, the issue is resolved by filing a lawsuit.

Cost of work and timing

For this event, there are established deadlines that are recommended to be met and which can be guided by when planning operations with your land.

The procedure will take no less than fifteen days. In theory, it cannot be more than a month. But this applies to cases when everything is done correctly, and all the documents are available, there is no need to complete additional formalities, dispute, etc. If the package of documents is incomplete or the plot is not registered in the cadastral register, then everything can take an indefinitely long time.

As for the cost, it may be different in each region. The final price of the service is also influenced by the area of the territory, the topography, the current season (in winter the rate may be increased), the number of turning points and the location of the site, the area will also affect the price. Naturally, a smaller plot will always be cheaper. In addition, the amount will depend on what package of services the engineer will provide. The entire necessary process, including contacting Rosreestr and approval or just preparation of a boundary plan. On average in the Moscow region, for a plot of 10 acres that belongs to a private person, just making a boundary plan will cost from 10 thousand rubles, and this is only the lower limit. A comprehensive service will cost more. That is, it is best to find out in advance from the organization whose services it was decided to resort to, how much and what it will cost. Such information will be the most reliable, because no one can name the price more accurately than the seller himself.

Land price

The fact that the addition is permitted by law does not negate the fact that in this case the sale of state or municipal land to private individuals is actually carried out. At what price does it come? The amount of compensation is determined by the owner, the owner of the land - the state and local authorities. Prices may vary in different regions. At the same time, this price has a certain structure.

For this, the following are taken into account:

area of the land plot to be annexed;
cadastral value of this additional plot;
surcharge, which is assigned by the owner of the land and is expressed as a percentage of the cadastral value.

The cadastral value of real estate is usually determined based on market prices and remains fixed for several years. After this, the site is revalued in connection with new market realities, which again will not be revised for several more years. That is, the cadastral value of land significantly depends on the market situation, but usually it is somewhat less than it.

How can you find out the cadastral value of a particular plot of land? One of the possible options is to familiarize yourself with the public cadastral map of the Russian Federation on the Internet. This price is included in the information provided there. In most cases, this can be done using the cadastral number of the plot of interest to the buyer, but on a cadastral map such a number can be easily found using the map itself, gradually increasing its scale.

If for any reason it is not possible to obtain information in this way, you can send a request to Rosreestr to obtain the necessary information. The application must indicate the preferred form of response. This can be either an email or a regular paper letter. This appeal is not free. When doing this, you will need to pay a state fee. If you plan to receive an email response, the fee will be 150 rubles; if you require a response in the form of a paper letter, the fee will be 400 rubles. In order to verify payment, you need to attach a scanned copy of the payment document to the submitted application.

We recommend that you read:

The procedure for land surveying in horticulture and the documents required for the procedure

How high can the price be? It is believed that the price will be slightly lower than the market price.

Selling land to private individuals is one of the sources of income for the state, but selling it in any other way is problematic.

If we talk about federal lands, the price of their addition is known and amounts to 15 percent of their cadastral value.

Is there any benefit

By selling land, the state receives additional financial resources. Citizens have the opportunity to significantly increase the area of land legally owned by them.

Carrying out cutting is beneficial to both parties: land owners and the state.

There are also other indirect benefits. Thus, there is an increase in the area of land that fully participates in economic activity and for which taxes will be paid. In the process of re-registration of ownership documents, the information contained in the state property register will be updated to some extent.