What it is?
Coordination of the boundaries of a land plot is an element of the land surveying procedure that determines the right and regulations for the use of adjacent lands of the owners. It is the result of boundary work. It is drawn up on the basis of geodetic measurements carried out with high-precision measuring instruments.
In simple words, this is an agreement on the location of a land plot with neighbors, taking into account documentation and not to the detriment of anyone.
The procedure for approving the boundaries of a land plot certifies the conduct of cadastral work and the approval by personal signatures of the consent of the owners to the location of the boundary boundaries.
After clarification of the boundaries, the authority of the documentation drawn up by the cadastral engineer acquires legal force and determines compliance with legal standards, with no violation of the property rights of neighbors.
Parties
At the stage of determining the size of the allotment, fixing them in text and graphic form, as well as approving the act, the following parties can participate:
- the customer of boundary work is the legal holder of the allotment;
- an engineer whose powers include carrying out work on preparing a boundary plan and drawing up the necessary documentation;
- owners of neighboring plots of land that have a common line with the surveyed plot;
- officials of Rosreestr, if, on their initiative, the boundary plan is aimed at finalization and coordination with neighbors.
The owners of the plots are directly involved in the preparation of such a document, and they are obliged to sign it or submit objections. Coordination is carried out in two possible options - at a general meeting of all interested parties or by reviewing the act in absentia.
Act of approval of the boundaries of a land plot with neighbors: sample, form
It is drawn up in the form of an official document reflecting the norms for the execution of acts. Allows free form of compilation, with the obligatory indication :
- Addresses or locations of storage facilities.
- Information about the owner.
- Information about the owners of adjacent plots.
- Reasons for compilation.
- The fact that neighbors are familiar with the location of the borders.
- Information that neighbors agree with the information presented.
- Surnames of neighbors and addresses of their residential buildings.
In conclusion they put:
- signatures of all participants;
- cadastral engineer;
- Date of preparation.
The finished document is certified by the seal of a cadastral engineer and issued to the owner of the land plot on paper , attaching it to the land survey file. The electronic version is transferred to Rosreestr , where information about the approval of boundary surveys is entered.
Below you can download:
- Act of approval of the boundaries of the land plot: form.
- Act of approval of the boundaries of a land plot: sample filling.
Description and procedure
The need to coordinate boundaries arises in the order of drawing up a boundary plan for an allotment, when the boundaries of a land plot and its turning points are determined with a mandatory visit to the site.
To establish boundaries, the owner of the plot or his authorized representative enter into an agreement with the company or take advantage of the opportunity to carry out the procedure free of charge for complex work.
During the implementation of the required stages, the engineer responsible for preparing the plan and establishing boundaries travels to the site itself in order to carry out all actions at its location.
Despite the fact that when determining the turning points of an allotment, data on land surveying of other areas are used, various technical methods are used that practically eliminate errors, yet cadastral engineers do not always provide accurate data .
If mistakes are made, the boundaries of an allotment may partially affect the areas of others adjacent to it, and in this regard, when carrying out work on the ground, when the boundaries are already being put into place, all interested citizens are invited.
This is necessary in order to obtain their consent to the established boundaries and to exclude the presence of errors and legal proceedings during which the drawn boundary is disputed.
The approval procedure itself consists of the following mandatory steps :
- Preliminary contact with a specialized organization;
- Conclusion of an agreement;
- Notifications to all persons whose rights may be affected - owners or users of adjacent lands;
- Meeting at the site with all persons who arrived at the appointed time and signing the prepared agreement;
- Drawing up the act and filing it with the case . In the event of any disputes or subsequent claims, it is on the basis of such a document that the owner of the site has the opportunity to protect his rights.
Coordination of land boundaries with neighbors under the new law
“New law” is, of course, a loud word, but that’s what many people call it, including government employees. organs, so we decided to follow the general trend.
The innovations are based on the norms of the Federal Law on the State Real Estate Cadastre (GKN) No. 221-FZ of July 24, 2007, where Article 39 states that it is mandatory to coordinate boundaries between neighbors, with the drawing up of a corresponding act and hand-written certification of the entered information with personal signatures.
Since 2007, when the law on the State Property Committee was adopted, land owners who initiate land surveying are charged with the procedure for organizing and certifying the designated act. Until 2007, the signing of this document was not required .
The adoption of this provision was influenced by the provisions of Chapter 17 of the Civil Legislation on compliance with the property interests of owners. Since each boundary belongs to two owners, it is necessary to respect the property interests of both parties, which is regulated by drawing up an act of approval of the location of the border of the land plot, a sample of which is here.
If you have already carried out land surveying, then you can find out the boundaries of your site in several ways, described in this article.
When is it not required?
Since this rule applies only to the real rights of land owners, it is not provided for neighbors who own land on another legal basis . For example, tenants do not have the right to sign an act of coordination of the boundaries of a land plot with their neighbors (the form for downloading is here), certification must be carried out by the legal owner, represented by the local administration.
Some situations require the attachment of appropriate documentation instead of the owner's signature . This is permitted if the owner has lost legal capacity and his successor has not acquired it. For example:
- serious disease;
- loss of legal capacity;
- serving a sentence in prison;
- death of the owner;
- his disappearance and inability to establish his whereabouts.
In such cases, instead of a personal signature, a corresponding document is attached in the form of an extract from a court decision, a certificate from the migration registration department or an extract from a clinic.
If the citizen is located outside the locality, consent can be sent by email. But subsequently, upon arrival, the neighbor will need to sign a completed form for approving the boundaries of the land plot.
In principle, approval of the boundaries of a land plot is not required only when the boundaries cannot be established . For example, the territory of the state border is adjacent to the site. Or does it border on a forest or water area. It is also allowed that there is a cliff and other obstacles along the edge of the plot. Also, approval is not required if it is planned to clarify the boundaries with a change in the area of the land plot, which is ownerless.
If you have disputes with your neighbors and they do not give their consent to land surveying, then our instructions will help you.
Grounds for cancellation
There are legal grounds that allow you to cancel the legal force of a drafted act. Here it is worth considering the most common reasons:
- The neighbor is sure that his rights to own the land have been violated. In other words, the established boundaries reduced the area of his own property.
- It turned out that the document was signed by a person who is not the owner of the neighboring territory. He does not have such a right, so the act can be appealed and demand its cancellation.
- The neighbor suspects that the cadastral service employee made a mistake. And it doesn’t matter whether it was done intentionally or by accident. An incorrectly established boundary is a good reason for canceling the legal force of a document.
In all of the above situations, it is recommended to go to court. Naturally, you will need to present all available documents that will allow you to prove that the act was indeed drawn up incorrectly. The statement of claim should indicate the possible reasons for the incorrect determination of boundaries. By the way, it is recommended to go to court in situations where a neighbor refuses to sign a document without any explanation.
Under certain circumstances, you can do without neighbors. For example, if a neighboring plot is leased for a short term, the tenant cannot sign such a document. In some circumstances, a signature can be replaced by a document. For example, when the owner has lost the right to the land, and the new person has not yet managed to obtain rights to it. This is permitted in cases where the owner:
- seriously ill;
- declared incompetent;
- is in a correctional colony;
- died;
- declared missing without a trace.
In this case, the heir must submit a document confirming the fact that the owner is not able to personally sign the document. In general, you can do without approval in other situations:
- the site is adjacent to the state border;
- the area is surrounded by forest or river;
- there is a cliff, rocks or other natural obstacles along the edge;
- The land plot is surrounded by abandoned territory.
Validity period of the act
The law does not define a clear validity period for this document. It can be concluded that the act will be in force until this process needs to be repeated. The act is sent to the cadastral archive for storage. The owner of the territory can request it if necessary.
As for the approval itself, there are certain deadlines. As mentioned above, neighbors must be notified a month before the procedure for determining boundaries. Thus, the preparation period cannot be less than 30 days. Often this period takes one and a half months. You also need to take into account that if the cadastral company experiences a large influx of clients, you will have to wait your turn, and accordingly, the procedure may take a longer time.
Step-by-step instructions for coordinating storage boundaries
It is required to notify the owners of adjacent plots about the planning of boundary work . The notification must occur no later than one month before the date scheduled for the general meeting of owners of adjacent land plots.
Notice Rules and Regulations
According to the regulations, the following forms of notification about the approval of the boundaries of a land plot are allowed:
- personally against signature;
- by email;
- by registered mail;
- publication in the media.
In the first and second cases, persons are notified who are guaranteed to come up and certify the act , and also sign the notice of approval of the boundaries of the land plot or respond by e-mail, which will serve as evidence of a bona fide notification.
It is convenient to notify citizens whose location is known, but who are hostile to the planned procedure, by registered mail . If they are notified three times and ignore the notifications without appearing, then instead of a signature, documents about the postal item received from the post office operator and certified by his signature and seal are filed with the act.
Persons whose location is unknown are notified through the media by submitting an announcement about the meeting of owners, indicating the addresses of the sites.
Notice form.
Notice of approval of the boundaries of a land plot - sample.
A month after the last mailing or publication of an announcement, a meeting may be held.
Where to go?
After the neighbors are notified of the planned procedure, you need to submit an application to the geodetic company at the location of the land plot . The application is submitted to the cadastral engineer authorized to carry out the relevant services.
Application for carrying out work on land surveying.
During the month established as a regulation for notifying neighbors, the cadastral engineer performs the following work :
- on preparing a preliminary plan for storage;
- topographic measurements on the site;
- prepares the final plan of the boundaries of the land plot;
- draws up reports on the coordinates of turning points;
- installs temporary boundary signs.
On the day appointed for the meeting, the cadastral engineer personally comes to the meeting and clearly shows the assembled citizens the line of the boundaries between the plots.
If the boundary of the land plot is not established according to the rules or with an error, then you should contact the geodetic company again.
Providing documentation
When submitting an application you must provide:
- Title document.
- Certificate of ownership of the land plot.
The owners of adjacent plots come to the meeting with a passport and a certificate of ownership , from which the cadastral engineer writes out the details and enters them into the approval act.
The presence of representatives carrying out trust management on the basis of a notarized power of attorney is allowed.
Service cost
For the most part, geodetic companies do not charge a separate fee for approval, but use a standard price range, which is expressed in a fixed fixed amount of 5-7 thousand rubles. The cost of surveying depends on :
- settlement;
- company status;
- land categories;
- configuration and area of the site.
The indicated cost applies to rectangular lands, 6-8 acres in size, provided for dachas or lands of settlements.
For complex configurations, calculations are made based on the number of turning points . In this case, the price range of the service can be determined summarily, that is, by adding up individual types of work.
Elite land or plots in the suburbs of Moscow and St. Petersburg are serviced according to separate calculations . As a rule, the minimum cost of work in these regions is 25-30 thousand rubles.
Deadlines
Taking into account the norms providing for notification of neighbors a month before signing the act, the procedure for agreeing on the location of the boundaries of land plots is not carried out for less than 30 days, but usually reaches one and a half months . If the company has a large number of clients, the execution of the service may be delayed taking into account the priority.
For an explanation from the Ministry of Economic Development on the coordination of the boundaries of land plots, see the following video:
Possible cadastral errors
In the process of setting boundaries, mistakes are sometimes made, which are divided into two possible types :
- Technical;
- Cadastral.
Technical errors are those that are made when employees enter information into data records regarding the areas being taken into account.
As a rule, such inaccuracies consist of entering data into another array of plots and correcting them is not difficult.
Cadastral errors are associated with changes in the actual configuration of a plot according to documents, an increase or decrease in its area, or the imposition of boundaries on neighboring plots.
Correction of such errors is carried out through all the activities that took place when establishing boundaries.
Features of coordination with the administration
If the neighboring lands belong to the municipality, then it is necessary to coordinate the boundaries of the land plot during land surveying with the administration . This point requires compliance with the following legislation:
- The responsible person for drawing up and certifying the approval act is the cadastral engineer.
- He is obliged to personally inform the authorized official about the rules and regulations of the calculations carried out when determining the boundary boundaries.
- The administration, represented by an authorized representative, does not have the right to refuse to participate in the coordination of boundaries.
- The executive committee must submit all refusals to attend in an official form that requires an explanation.
- The parties have the right to resolve all controversial issues regarding the establishment of boundaries only in court, in accordance with the law.
At the discretion of the parties, a personal visit by an authorized person by a cadastral engineer is allowed to provide expert information and obtain a signature.
It is not recommended to coordinate the boundaries of the land plot with the administration independently, without the participation of a cadastral engineer.
The article shows the procedure for agreeing on the boundaries of a land plot. All emerging nuances must be resolved in consultation with an experienced lawyer or cadastral engineer.
Objections
The possibility of filing an objection is a guarantee that the interests of interested parties are respected. Objections may be made on the following grounds:
- intersection or overlap of previously defined edges of adjacent areas;
- reduction in the area of neighboring plots by more than 5%;
- unreliable determination of the coordinates of characteristic points of the boundaries of the surveyed area, which violates the interests of other rights holders;
- discrepancy between the established boundaries and previously registered information and rights to real estate in the Unified State Register of Real Estate.
Objections are made in writing, and the cadastral engineer is obliged to include them in the contents of the act in an unchanged form.
When sending a repeated approval act, interested parties can also file objections, which will later be considered in court.
The law provides for restrictions on drawing up an approval act and filing objections - this procedure is not required for agricultural land; for lands under linear objects and communication lines, as well as in some other cases. If, during the surveying of these objects, violations were committed by the owners of neighboring land plots, they have the right to present their objections in court when challenging the cadastral registration results.
