Do I need a neighbor's consent to survey a plot of land in 2021?

Land surveying is carried out according to certain rules. The law determines the procedure in accordance with which land surveying is carried out. We discussed in detail what land surveying is in the article: “Line surveying – what is it.” You can find out which organizations carry out surveying in your region from the catalog of contractors, and find out how much it costs to carry out surveying using a calculator for calculating prices for surveying. Now let’s look at whether a neighbor’s consent is needed to survey a land plot, how and with whom the boundaries of a land plot need to be coordinated in 2021, and what documents are signed and provided by neighbors of adjacent plots during surveying.

How to coordinate the boundaries of a land plot with neighbors according to the 2021 law

In order to understand how to correctly coordinate boundaries with neighbors during land surveying in 2021, let’s turn to the current legislation. Law 221-FZ “On Cadastral Activities” describes the procedure for land surveying from the point of view of the consent of the owners of adjacent plots. Coordination can occur in several ways:

• By convening a general meeting;
• on an individual basis.

The cadastral engineer decides how to coordinate land surveying. It is important to follow the approval procedure in terms of the established deadlines and the inclusion of the necessary information in the approval act. Otherwise, Rosreestr may have grounds to suspend cadastral registration. Article 39 of the cadastre law contains detailed explanations of how to coordinate the boundaries of a land plot with neighbors.

Consequences of illegal land surveying

The cadastral engineer is an official.
Therefore, in case of violation of the work procedure, incl. and drawing up an agreement, you should submit demands to the court to declare the specialist’s actions illegal and the act invalid. It is also necessary to demand that boundary signs be restored at the previous borders. Engineers are also liable for unlawful actions. In a dispute over illegal survey results, courts may involve engineers as defendants. This is especially important, since if the land surveying procedure is declared illegal, the customer of the work performed will have material claims against the contractor.

Who else is the boundary plan of the land plot coordinated with?

The boundary plan is coordinated not only with private owners of adjacent plots. Almost every plot of land in SNT and ONT borders on a common road or is adjacent to lands of a common territory. There are cases when the site is adjacent to the territory of an apartment building. Which neighbors should we take consent from when surveying a plot of land, or will it not be necessary at all? In fact, there are no difficulties here. Coordination of the location of the boundaries of a land plot is required by law if the adjacent plot belongs to the interested party by right:

• property;
• lifelong inheritable ownership;
• permanent (unlimited) use;
• rent.

If an adjacent land plot belongs by right of common shared ownership to several persons (a plot of an apartment building, the common territory of SNT, etc.), then the adjacent border to these lands will be agreed upon with the representative authorized for such approval (chairman of SNT or MKD).

Cases when it is impossible to set boundaries

The law provides for a number of circumstances in which it is inappropriate to establish the boundaries of one’s territory. This happens if:

• the terrain is so complex that it is impossible to establish turning points and make clear distinctions;
• the site is adjacent to a forest, mountain, natural reservoir, that is, there are no neighbors;
• the land is located next to the state border, which is already fixed in Rosreestr;
• nearby there are protected lands: a nature reserve, a wildlife sanctuary, a drinking pond;
• you received land next to the lands of the indigenous population of the Far East, Siberia or the North, secured by law;
• the site is adjacent to linear objects of regional or federal significance (pipelines, railways, utility networks, power supply, etc.).

In all of the above cases, Rosreestr already includes information about the border of the territory to which your site is adjacent. Land surveying is carried out taking into account the information entered into the cadastre or Rosreestr.

When a neighbor may refuse to sign a land survey agreement

• Error while defining boundaries.

If an error occurred during boundary measurements or a neighbor does not agree with the new boundaries of the site, then he has the right to refuse to sign the document.

• Neighbor's absence from the meeting.

According to the law, information about a meeting must be notified no later than 1 month before the date of the meeting. If neighbors are unable to attend the meeting due to treatment or business travel, this may create difficulties in coordinating land surveying.

• The neighboring plot does not have an owner.

Such cases may occur when the owner has died and his heirs have not yet assumed their rights.

What to do if neighbors do not sign the land survey?

The act of agreeing on the boundaries of the plot with adjacent landowners is one of the documents that must be kept in the land survey file. Its absence may be a reason to challenge the land survey in court.

Therefore, it is necessary to take measures to properly prepare the document. Let's look at how to register without a signature.

The responsibility for notifying neighbors rests with the cadastral engineer. First of all, going to court and challenging the established boundaries will have a negative impact on him.

Although liability for improperly performed work by a cadastral engineer is insured, the law establishes additional liability measures. Up to deprivation of the right to engage in this activity.

Therefore, it is impossible to avoid the approval procedure. Let's consider situations when neighbors refuse to voluntarily agree on an act:

1. The neighbors' land surveying has already been done.
2. The location of the legal owner of the site is unknown.
3. Neighbors do not agree with the approved boundaries.

In accordance with the law, none of the listed situations is a reason for refusing to set boundaries. On the contrary, it is advisable to make efforts to register the site as quickly as possible in order to avoid illegal actions on the part of third parties.

If your neighbors have land surveyed

If the neighbors carried out land surveying in a timely manner, then their signature in the approval act is not required. A prerequisite is that you do not have a dispute about the boundaries of the site.

If your neighbors carried out land surveying illegally (without your consent), and you have claims against them (the boundaries of your allotment have been violated), then it is advisable to invite them to carry out land survey work.

An invitation is also required if your cadastral engineer has identified an overlap of plot boundaries. Otherwise, the situation is fraught with lengthy legal proceedings.

Thus, the consent of neighbors for land surveying is not required if they have already established the boundaries of the site. This is reasonable only in a situation where there are no controversial issues regarding the boundary.

If the whereabouts of neighbors are unknown

The actual absence of neighbors is also not a reason to refuse to officially register your lands.

For this purpose, the law provides for a special procedure for notifying citizens if it is impossible to find a neighbor.

This situation often occurs when registering ownership of garden plots. Some areas have long been abandoned by their owners. Or the owners died, and the heirs did not register the property.

An alternative option is to go to court. It will take longer. But a court decision will protect your interests even if the owner of an adjacent plot appears.

Procedure:

1. Collection of documents for the site.
2. Drawing up a claim to remove obstacles to land surveying.
3. Presentation of evidence that the whereabouts of the owners are unknown.
4. Sending a registered letter to neighbors with notification. Return application.
5. Sending all information to the court.

If the neighbors do not agree with the land survey

It is possible to carry out the work even if the neighbors object. Let's consider what to do if a neighbor refuses to sign the act of approving boundaries

Algorithm of actions:

1. We provide notification in writing.
2. We send information by registered mail with notification.
3. After 2 weeks we send again.
4. We will send you again in 2 weeks.
5. We collect notifications of delivery.

If you have not received any objections from the owners of adjacent plots, then land surveying can be carried out legally. Counts. That the owner fulfilled his duty to notify neighbors.

If objections are received, the owner of the adjacent plot must formalize them in writing and attach them to the approval act. Also, the citizen must refuse to sign the act.

In this case, preliminary surveying is carried out. It is required not for the boundary plan, but for the court. With this document, the customer of the work will go to court in order to establish the boundaries of the plots in court.

How to survey a plot of land without the consent of neighbors

The cadastral engineer with whom you entered into an agreement to survey the land plot tells you what you need to do in order to coordinate the boundaries with your neighbors. If, for some reason, you cannot find a neighbor, then the land surveying procedure, alas, is delayed. After all, according to the law, all established deadlines must be met to notify interested parties in adjacent areas. For information on what to do if you cannot find the owner of a neighboring plot, read the article: “How to survey a plot of land without the consent of neighbors in 2021”

Invalid survey without signature

In certain situations, the signature of neighbors is necessary in order for the boundary plan to still have legal force and the passing border of the land plot to be recognized as valid.

The cases where a boundary plan cannot be recognized as valid without a neighbor’s signature are as follows:

• The neighbor's attendance at the meeting. At the same time, he expresses his disagreement with the passing boundary and, as a consequence, the boundary plan cannot be considered valid without eliminating the reasons for such disagreement;
• The neighbor sent an official letter in which he informed about certain requirements regarding the boundaries (in fact, disagreement with the way the cadastral engineer sees the location of the boundaries). In such a situation, there should also be an elimination of inaccuracies, an attempt to still come to an agreement with a neighbor or, as a last resort, go to court to protect one’s rights;
• There were no procedures in place to properly notify stakeholders. That is, even if there was information about the neighbor’s location, a notification was not sent to him.

A similar situation also applies if the neighbor’s residential address is unknown and an announcement about the meeting has not been published in the local media.

In this case, the neighbor has the legal right to subsequently protest the results of the land survey and the court will most likely be on his side.

What to do if after the procedure they seized part of the land

First you need to make sure that the boundaries indicated in the cadastral passport coincide with the survey results (what to do if the boundaries have changed?). Then you need to contact a licensed geodetic company.

Experts will prove that the neighbor captured part of the site during land surveying, marking the boundaries using so-called turning points. As soon as everything is obvious, it makes sense to try to negotiate with the neighbors peacefully - through claims.

If this fails, then on the basis of Art. 62 of the Land Code of the Russian Federation, you have the right to sue them. True, you will have to confirm your rights to the allotment - this may be the right of ownership or the right of perpetual use.