Land surveying is a mandatory procedure
The need for land surveying is prescribed in the Land Code, adopted in 2001; previously the procedure was not required. In the current conditions, lands, the ownership of which was registered before the adoption of the Land Code, do not have boundaries established by land surveying, in contrast to new plots, where the boundaries are determined automatically.
Determining the boundaries of the memory is necessary when:
- The site is registered in the cadastre, but its boundaries are not marked. The use of such a plot is permitted without any restrictions, but if there is a mark in the cadastre “no boundaries have been established”, it is impossible to carry out any legal procedures or transactions with it.
- The boundaries of a land plot already recorded by the cadastre have been changed, regardless of the reason for the change. Land surveying is carried out to clarify new boundaries and make changes to the cadastre.
- The plots are merged or separated, while the old land plot is removed from the cadastral register and ceases to exist as a real estate property. The newly formed plot or plots receive the status of new units, they are assigned a number and registered.
- You are drawing up a will. The heir registers the demarcated plot as his property without additional costs and does not need to carry out land surveying work. When inheriting a plot without defining boundaries, the heir will have to carry out land surveying. If the plot is divided into shares, land surveying is required for each individual land plot and their registration in the cadastre.
- There was a need to legalize the construction. Without a land surveying procedure, any building is considered a self-construction; it is impossible to convert it into a residential building, as is obtaining a building permit on an unlandmarked land plot.
Land surveying is an element of protecting the owner from the encroachments of third parties, a guarantee of the inviolability of possessions.
Determining the boundaries of a plot in gardening partnerships can be carried out in a comprehensive manner by transferring the right of registration to an elected person by proxy. In some cases, this makes it possible to nip border disputes in the bud, but the responsible person requires some time to organize and carry out the land surveying process and obtain documents. In addition, the question arises about the division, maintenance or joint use of the collective part of the partnership’s property.
The procedure for carrying out land surveying
Package of documents and deadlines
| For individuals | For legal entities and private entrepreneurs |
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You should know that the absence of a document is not a reason to refuse to carry out land surveying.
The maximum period for completing a land surveying project is 2 months. Otherwise, the processing time is determined by regional legislation:
- Within the city, the entire land surveying procedure takes on average 10-15 working days.
- In municipalities – up to 30 days.
Should I tell my neighbors?
Before carrying out the land surveying procedure, all actions must be coordinated with the neighbors. It is best to send them a registered letter with notification so that you have proof in hand. During the procedure, neighbors act as witnesses, and the specialist enters their passport data into the work report. This way they confirm that they have no complaints about the land surveying procedure. If the land plot is located in a garden or dacha partnership, the written consent of the head of the Board will be required.
If a controversial situation arises during the procedure, the claims must be documented and resolved in court. We will have to look up the history of the site from the moment it was allocated and, based on this data, file a claim.
What is the procedure for land surveying?
It was previously mentioned that land surveying is carried out in accordance with instructions from 1996 and is divided into several stages:
- Collecting a package of documents, concluding an agreement with a company or individual who will conduct land surveying.
- Drawing up a plan for boundary work. This is done by a specialist; this stage includes creating a project, working with neighbors, conducting geodetic measurements, and establishing the area of the land plot. A survey is carried out, boundaries are clarified, a topographic plan is prepared, boundaries are marked (signs are installed).
- Issuance of documents to the owner of the site.
The customer receives a land survey plan, with which he must apply to the nearest MFC, attaching an application in the prescribed form, a receipt for payment of the state duty (350 rubles) and a passport. Cadastral registration is free of charge. After registration, the owner is given an extract from the Unified State Register with a description, cadastral number and characteristics of the land plot.
The boundary plan must be properly drawn up; it consists of 2 parts:
- Text. It must contain a description of the initial data, a list of work performed, coordinates, area and dimensions of the land plot. If the land was divided into several parts, the actual sizes of the formed plots, a specialist’s conclusion.
- Graphic. Schematic representation of the site, drawings of boundaries, presence of buildings.
All data from the land survey plan is entered into Rosreestr.
Cost of surveying
Prices for surveying in different regions differ significantly and are determined individually. The cost of land surveying services will depend on a number of factors: terrain features, plot size, location, presence or absence of documents, additional services, legal support of the transaction, and others:
- Determining the boundaries costs between 2-10 thousand rubles.
- Preparation of a site plan – 3-4 thousand rubles.
- Topographic survey – 1-3 thousand rubles.
In the Moscow region, the average price for surveying is 8-30 thousand rubles, in the Leningrad region - 7-10 thousand, in other territories - from 5 thousand rubles.
Controversial situations during land surveying. What to do?
During land surveying, the owner may encounter some problems; here are examples of the most common:
Self-occupation of the site. This simple term is used to describe the unauthorized use of public lands for one’s own interests. For this, administrative liability is provided in the form of a fine of 500-1500 rubles. If the water or forest fund is captured, the amount of payments increases. With a request to register a dacha or plot of land as your property, you must contact the local authorities. If a plot of land is allocated, after 5 years you can register it as your own. Otherwise, a public auction will be organized and the land will have to be purchased at the stated price. If there are capital buildings, all issues are resolved in court.
Disputes with neighbors. If your neighbors do not agree with the land survey, you must send them a notice. The absence of neighbors will simply be documented and will not be an obstacle to boundary work. An act confirming the legality of the procedure is attached to the land surveying act. If neighbors decide to challenge the land survey, their claims must be substantiated, and the case goes to court.
Other issues are also often resolved in court. Qualified specialists will help you defend your rights to land. It is important to know that the trial can take from six months to a year, depending on the complexity of the case.
Is it possible without land surveying?
It is possible, if no operations with the land are planned, to build on it or transfer the country house to the rank of a residential building. In this case, simple use of the site is assumed, without legal actions.
When a deal is planned, land surveying is mandatory. Neighbors can also challenge the boundaries of a plot by surveying their own plot: if earlier, when setting boundaries, old levels and theodolites were used, which gave a significant error, now, when determining coordinates using digital and satellite equipment with an accuracy of 1 cm, deviations from the old boundaries can lead to disputes all the way to court.
In what cases is an examination required to determine the boundaries of a land plot?
- If it is necessary to determine whether the survey of the disputed land plot was carried out correctly;
- If you need to clarify the boundaries of a land plot when registering it as a property;
- If it is necessary to resolve disputes about the boundaries of land plots with adjacent land users;
- If it is necessary to obtain permits for the construction of capital construction projects;
- If it is necessary to reduce the risk that the erected buildings will be recognized as unauthorized (for example, as installed at an insufficient distance from the border of the site);
- If it is necessary to establish whether the actual boundaries of the land plot correspond to the boundaries specified in the documents.
What does land surveying give?
The main advantage of the land surveying procedure is the possibility of further disposal of property without any restrictions.
Advantages of land surveying:
- A simplified procedure for obtaining permission to construct capital facilities and registering unauthorized construction. Without defining the boundaries of the site, it is impossible to determine the distance from the red building line or the boundary of the land plot to the buildings, the routing of underground and above-ground utilities for electricity, gas, heat, water supply and sewerage.
- Preventing disputes with the owners of neighboring plots along the boundaries, when disputes over tens of square meters become the cause of many years of wars. It is advisable to carry out land surveying in the presence of neighbors; upon completion of the work, a joint act is signed, guaranteeing the absence of claims. If the boundaries of the land plot are not established, land disputes are resolved by the court based on the materials of the land management examination.
- Dividing a plot into shares of heirs or when dividing joint property can cause a conflict situation. The problem is resolved by land surveying.
It is especially necessary to determine the boundaries of a site of complex configuration, for example, divided by a roadway, or interspersed with the land plot of another owner, while it may belong to a private individual, company or municipality.
When an easement is established in relation to a land plot - a restriction on the right to use a plot that is not property, this must be indicated on the cadastral plan.
The disadvantage of land surveying is the additional costs, but they are not critical. It takes a lot of time - from 1.5 months to six months.
Materials
Usually, to conduct an examination to determine the boundaries of a land plot, the following materials are provided to the expert (commission of experts):
- Copies of title and title documents for the disputed land plot (documents on the basis of which the customer or party to the litigation owns the plot, certificate of state registration of the right);
- Information from the Unified State Register of Real Estate about the adjacent plot (Part 1, 6, Article 62 of Law No. 218-FZ);
- A copy of the boundary plan;
- Extracts from the cadastral chamber and cadastral passport.
The disputed land plot itself is also provided for inspection.
Free survey
The state has provided for a free procedure in 2 cases:
- purchase or lease through auctions;
- complex cadastral work on a large territory (cadastral quarter, with the surveying of individual plots taking place.
The free survey program is designed until the 20th year and is financed from the state budget. Interested parties and plot owners are notified in advance about the planned land surveying.
Surveying specialists
Land surveying is carried out by cadastral engineers and surveyors - certified specialists, and this will require certain expenses. Newly formed land plots can be demarcated with the involvement of the municipal service free of charge until 2021, but this will significantly delay the work.
Legal requirements for cadastral engineers for certification:
- citizenship of the Russian Federation;
- special education;
- no criminal record.
Recommendation for hiring a competent specialist:
- checking the availability of a valid license and permission to carry out land surveying work;
- familiarity with the rating, which is publicly available on the Rosreestr website, and is determined by the ratio of the number of refusals and suspensions of registration of land plots due to identified errors and violations of the procedure;
- contacting a company specialized in geodetic services and certified.
Shatura-Geo specialists
Order a consultation
Ordering land surveying from a company that has qualified and certified cadastral engineers, specialized equipment and devices on staff guarantees high-quality measurements and reduces the risk of registration refusals.
Determination of the boundaries of the site is carried out with special equipment with high accuracy. Methods of performing work:
- Satellite, with its help the coordinates of turning points are established;
- geodetic, using polygonometry;
- photographic, the use of aerial photography;
- cartographic, using cartographic materials.
Questions
Issues that are resolved during an examination to determine the boundaries of a land plot are formulated by the court when appointing an examination or by a private individual when creating a request. The list and wording of questions depend on the tasks assigned to the expert (commission of experts).
When conducting an examination to determine the boundaries of a site, the following questions are usually asked for permission from an expert (commission of experts):
- What are the actual boundaries, dimensions and areas of the land plot?
- Do the actual boundaries, dimensions and areas of the land plot correspond to the title documents? If they do not correspond, what is the reason for the discrepancy?
- Is there an overlay of land plots? Is there a seizure of the plaintiff's land plot by the defendant's land plot? If so, what is the reason, is it possible to eliminate the overlap, what are the options?
- Do the dimensions of the land plot established during the survey correspond to the dimensions determined in the BTI passport for home ownership, extracts from the Unified State Register of Real Estate, cadastral passport, etc.?
- Is it possible (taking into account the established boundaries) to construct a capital construction project on a land plot?
