As you know, owners of land located in the neighborhood often argue about issues related to the boundaries of their possessions. In this regard, the question of conducting a land surveying procedure has been and remains rather relevant.
Let's clarify the concepts
What is land surveying ? This term refers to the procedure associated with the exact establishment of the boundary of the land. When is such an operation necessary? The reasons for the need for its implementation may be a number of situations, namely:
1. If a legal transaction involving a land plot is planned in the form of sale, inheritance or donation, as well as allocation of a share.
2. When engineering communications are held.
3. During the construction of any facilities.
4. When installing fences that limit the territory of the site.
5. In the case of unauthorized seizure by neighbors of the territory.
6. In other situations when planning and land surveying is necessary to clarify the boundaries of the plots.
What is the most important
The process of land surveying is quite complicated. Its completion is the signing of a package of serious documents. In the course of work, a boundary business is formed. The updated information is subject to entry in the state cadastre.
An obligatory factor in this case is the compilation of the procedure of the so-called approval act upon boundary surveying of the land plot. In the absence of this document, proceedings may be instituted in court, and the result of boundary surveys shall be deemed unlawful.
Borders of land surveying - what are we talking about?
Under the coordination of the boundaries of the land is understood as a certain type of boundary work. According to this act, the legal legality of determining or clarifying boundary lines is established in case of confirmation of ownership of the site.
Regulates a set of requirements regarding land surveying, federal law. This procedure must be carried out with the direct participation of all interested parties. These are considered neighbors of adjacent (i.e. adjacent) sites. The initiator is appointed responsible for the implementation of the procedure.
Procedure conditions
Surveying is carried out when the official documents have an account relating to adjacent sections, and at the same time information has been received on the actual location of the dividing boundary line. The customer must have the result of cadastral work.
The initiator of the procedure is required by law to agree on a land survey project with the owners of adjacent territories. This is due to the fact that from a legal point of view, the boundary as a physical concept refers to the property of the land user. At the same time, it belongs to two owners at once. Such an object of ownership must be kept inviolable, for which a formal agreement is signed between the neighbors, sealed with signatures.
Who can request a boundary plan?
The right to apply for an order to conduct a land surveying procedure is exercised either by the owner of the site or by another person who has the right to land or part of it. The category of people who can contact geodetic companies and order a project includes:
1. Owners of land holding land, which is confirmed by documents.
2. The heirs owning the site in accordance with the law or will.
3. Owners of housing in apartment buildings who wish to indicate the boundaries of the local area to receive the land on which the house is located, together with the adjacent territory in joint ownership.
If the first and second categories require coordination when surveying with neighbors, the third - residents of apartment buildings - have to "shake" their own actions with the municipality.
Who can do this?
The land surveying project is comprehensive and consists of preparatory, actual and final cadastral works. When the procedure is completed, the boundary plan and other documents are subject to registration with the Federal Registration Service. The owner is given hands on the paper, which indicates the exact boundaries of the site.
Such activities are allowed only for specialized organizations, public or private, with their profile geodetic activities. The easiest and most affordable way is to contact the municipal administration. Information on companies that have the ability to carry out this type of work (or about private surveyors with experience and permission) can be obtained from a body such as the Department of Architecture and Urban Planning.
The act of coordination of land surveying must be signed in the presence of all interested parties. These include the customer, contractor, owners of neighboring plots and a representative of the city government.
What is land surveying
A geodetic organization operates on the basis of an agreement on the conduct of work of this nature. The event is possible in two versions:
1. As a complex land surveying.
2. As an independent procedure in the form of coordination when surveying the boundaries of plots in legal disputes of owners.
After concluding a contract with a surveyor, the contractor will have to send each of the owners of adjacent sections an official notice on the topic of conducting boundary surveys or agreeing on the corresponding line. Such notification, according to the law, must be carried out in advance - a margin of several weeks.
If the neighbor does not agree
This official document upon receipt must be signed by a neighbor. If he refuses to do this, the contractor or his representatives draw up an act about this fact. This is done to establish officially the fact of sending a notice. Indeed, in the case when there was none, the approval procedure cannot be considered legal. That is, in the event of a conflict, its results are canceled by a court decision.
If the arguing neighbor refused to sign the notice, he will no longer have the opportunity to regulate the situation in court.
This procedure costs money, in the Moscow region you should focus on amounts from 10 to 30 thousand rubles. Free land surveying of plots is possible only during the procedure under the so-called summer cottage amnesty, the term of which is extended until March 1, 2018.
How to notify everyone
The main condition for the event is the presence of all who are considered stakeholders. They distribute notifications by personal transfer, by registered mail, by electronic mail, or by publishing the corresponding announcement in the newspaper. The latter option is provided for cases when it is not possible to establish the whereabouts of the person who owns the adjacent plot, or when the registered letter sent to his address was returned as not received.
The third option is when the number of interested parties is more than five, and the land belongs to agricultural land or is joint property of residents in an apartment building. Or when it comes to part of the territory of garden, vegetable garden or country land.
Official information
When planning a land surveying, the notification sample necessarily contains all the information about the initiator, the data of the contractor and the address at which the adjacent owners have the opportunity to familiarize themselves with the drawings and other project documents. Mandatory information includes the name and contact details of the cadastral engineer (with telephone, fax, email address).
In addition, the address and cadastral number of the land plot with all the necessary information is entered. In this case, we are talking about a controversial site, the owner of which is invited to the approval procedure when surveying.
The procedure for providing documents for familiarization before the start of the procedure is also indicated. Of course, the exact location of the event with its date is affixed. The document is provided with a return address for sending written comments on the case.
Additional requirements
The minimum time that the legislation provides for notifying all interested parties is at least 2 weeks before the actual work begins. In the case of signing the act, additional amendments are not allowed. The results of land surveying can be canceled solely in the courts.
In the case of coordination of borders between neighbors, the result is an act drawn up by a cadastral engineer. When signing this, all participants are required to provide identification documents. In the event representatives act, they must be provided with an official power of attorney.
The act is obliged to contain completely comprehensive data on the site itself and its borders, as well as on each of the owners of adjacent territories. All who signed the document officially recognize by default the identified official border of the site as accurate and not subject to further review. That is, clarification of all incomprehensible issues should be carried out before agreement.
When dealing with the state
Sometimes, actual reconciliation of those boundaries that are indicated in the drawing with their real physical outlines is required. If the plot of the land to be borders is bordered by the territory of the municipality, representatives of the administration must participate in the approval procedure. It is impossible to verify the signing of the document to the customer in this case.
An individual who is an initiator cannot implement a plan for surveying independently. Such a procedure can take a lot of time, since a decision with the right to sign is taken only by a specially created commission having an expert direction. The task of expert officials is to verify the data in the approval act with the actual border of the disputed area. This activity requires considerable work and time and is beyond the power of an ordinary individual.
In which cases coordination is not required
It is not carried out (or is carried out quite conditionally, without an engineer leaving the territory) in a number of cases, namely:
1. Information about the boundaries of a particular site is secret, available only to a limited number of participants.
2. There is no way to set the accuracy of the boundary line in a particular area.
3. Physical establishment of the boundary of the site is not required.
4. Data on previous land surveying are available (recorded in cadastral registration).
And when?
The boundaries of land surveying are not coordinated in the case of specially protected territories (state borders of the country), as well as when referring to areas of forests or agricultural land on which the indigenous peoples of Siberia, the north or the Far East live.
There is also no point in carrying out this procedure when the boundaries are indicated by existing linear objects (bridges, pipelines, power lines, etc.) or objects of artificial or natural origin. When the plots are already registered, and the cadastral authority issued their owners a document of ownership. In such a situation, the land surveyor’s engineer simply indicates the cadastral numbers of neighboring sections and marks the approval based on the results of surveying conducted earlier.