Currently, in connection with the establishment of private ownership of various objects, land surveying has become very popular. Disputes on this issue do not stop, practice records a huge number of lawsuits and cases, which is why this topic is one of the most relevant in the land law industry.
The concept of land surveying
Land law fixes a lot of rules regarding the regulation and determination of the boundaries of land owners. The relevance of the topic is forcing lawmakers to create more and more new rules, as well as improve the old ones, since land surveying, disputes about this and other issues - all this is necessary first of all to citizens.
So what is land surveying? This action is defined as the formation of the boundaries of the land, as well as their further design in accordance with the requirements established by law. That is, land surveying is a sample of any territory on paper and at the same time its reflection on the terrain itself. This process is simple and optional.
Goals
Many citizens do not think about how to survey the boundaries of the land. The law does not oblige them to perform these actions. But at the same time recommends. Why is land surveying so necessary? The cost, collection of documents and the order of this process sometimes push people away, and they simply do not want to waste time. However, land surveying has its own goals, which fully reflect the entire need for this activity.
The main and integral goal of this process is to establish boundaries. Most disputes arise over the fact that owners cannot correctly determine who owns a particular piece of land. And precisely in order to avoid this, it is necessary to conduct land surveying. Documents required are also always in order.
So, the main goal of this kind of activity as a process related to resolving legal issues is to establish and, most importantly, fix the boundaries of any piece of land that is an object in any transaction. And this is what determines the need for this type of activity.
When land surveying is necessary
In fact, not every case requires land surveying. But there are some moments when this activity is practically necessary. So, the goals of land surveying can be the conclusion of a transaction, namely: sale, exchange, gift, as well as the privatization of the land. For completeness and correctness of the execution of the contract, land surveying is required in full to correctly determine the limits of the object of the transaction.
In addition, a land surveying plan should be in case of inheritance, that is, the conclusion of a unilateral transaction. The law requires the determination of all boundaries for entry into ownership, so that the heirs do not receive more than less than necessary. However, there are exceptions, for example, the law assigns the right of ownership to the heir.
The legislative framework
The legal basis of any type of activity is the main factor in the correct implementation of the activity, and it does not matter which industry it belongs to. The less the question is fixed normatively, the more difficulties and disputes arise in the end, which makes this or that activity problematic and completely irrelevant.
An important point is land surveying (instructions for its implementation are presented below), because this is not only the establishment of boundaries, but also the conduct of examinations and much more. In this area, both codified legislation, namely the Land and Town Planning Codes of the Russian Federation, as well as laws adopted by the State Duma, for example, “On the State Real Estate Cadastre”, apply.
In addition to laws adopted by federal authorities, there are also many instructions, regulations and draft land surveying, which provide this activity in each case and, of course, taking into account all the features and specific conditions.
Subjects of land surveying
Fixing the boundaries of the land is a rather complicated and, most importantly, requiring special attention process. There are a large number of organizations, and accordingly, specialists whose work is directly in the implementation of such a process as land surveying. Its cost usually consists of a state duty (200 rubles) and payment for specialist services. Surveyors, land surveyors, and even lawyers can define and fix boundaries.
However, some citizens carry out a land survey with their own hands. This method is quite possible, but has a number of errors. Only specialists can accurately and correctly determine the border, which is why it is worthwhile to independently implement these actions only in simple cases, since such a survey is completely non-legal.
Land surveying of the land. Documents Required
The list of documents that the law requires for land surveying is not always the same. Depending on who receives these services, the list of securities varies. There are two groups of necessary documents: those that are submitted by individuals, and those that are submitted by legal entities.
The documents of the first group include the following: a statement, a BTI certificate, a cadastral extract, a passport and a photocopy of a citizen’s identity card and a certificate proving ownership, since only the owner has the right to establish and fix borders on the allotted area. This list is simple, but as for legal entities, everything is much more serious.
The law includes the following papers in the second group: application, BTI certificates, cadastral extracts, certificate of ownership of the building and the land plot, an enterprise registration card is also required , this is the same as a passport for a citizen. Land surveying is also possible, if a legal entity leases land, then it is necessary to attach an order from the Department of Land Resources.
Land surveying stages
Any activity includes a series of sequential actions that are interconnected and play the same role. There are several stages in land surveying, which are carried out by appropriate specialists. There are five stages that must be followed one after another. So, the first three stages are inextricably linked, as they involve obtaining all the possible information about the site. This includes searching for all the information about the site, clarifying the boundaries and conducting surveys by surveyors.
The next stage is the direct preparation of the main element, namely the land surveying project. A very important and significant point requiring separate consideration. The last stage of surveying is the transfer of information to the Register. This is necessary in order to fix and draw up the established boundaries in accordance with the law. This is also an important, final stage, without which these works will not have legal force.
The procedure for drafting a survey
The land surveying plan is an important stage, which is why its consideration requires special attention. The cadastral engineer, invited by individuals or legal entities, draws up the necessary plan, which will subsequently reflect all the boundaries, measurements and subtleties relating to the land. This is required by law, since in the future these actions will help to consolidate everything legally.
So, the land surveying project is compiled by appropriate specialists, as mentioned above. It is necessary to indicate in it all the measurements that are carried out on the site, so that its size, area, and the passage of borders are accurately known. It is the project that is ordered by those who want to carry out a survey of their own site, all other actions revolve around the plan, replenishing it.
Border coordination
The activity under consideration has many nuances. The law clearly regulates land surveying. The instruction allows specialists to carry out their activities correctly, which also simplifies everything, but other incidents also occur, usually with respect to several owners who cannot agree on the boundaries of their plots.
So what exactly is border matching? Owners often encounter a similar need, as they cannot independently evaluate their land plots. A specialist engineer engaged in geodetic work takes all the necessary measurements, if necessary, even in neighboring areas.
Most often, conflict situations arise precisely between private owners who own land. For legal consolidation of the consent of all neighbors, an act is drawn up, which is signed by all participants. It may contain consent or refusal, but, one way or another, confirms that all land surveying actions are agreed upon, and in the event of a dispute will serve as evidence.
Land surveying procedure
The land surveying procedure is determined by law. First, a legal entity or an individual submits an application, after which the work gets a start. When all the documents are checked and the requirements are satisfied, the preparation of technical regulations, projects and plans begins, the necessary preparation of conditions for the work is carried out.
Further, the consent of all persons, owners must be obtained. And if there are no objections, then work on surveying begins. Measurements are taken, boundaries are determined, documents are recorded and executed. Specialists mark all boundaries both on the ground, using the necessary identification marks, and on paper. Maps are compiled, topographic plans. The project should fully reflect the territory that is amenable to land surveying.
The last stage is the paperwork. They are transferred to the appropriate authority, which checks them and satisfies or, on the contrary, rejects them, depending on the result of the work performed. Based on the decision of this body, the owner is issued a cadastral passport, and he will eventually confirm the established boundaries and consolidate the legal force of all actions.
Land surveying of the land. Disputes
Claims affecting land issues are one of the most common. Usually they relate to the unauthorized seizure by one owner of part of the territory of another. However, this requires more procedures, because in these situations there is no information about the sites.
To solve the problem, an examination is carried out, the results of which fit into the land survey. Disputes are resolved in accordance with its results. It is also possible to decide exclusively by the court, that is, he himself determines the boundaries, not taking into account the opinions of tenants or owners.