Land surveying in SNT is the establishment of the boundaries of a specific plot within the framework of a garden or dacha partnership. SNT is a legal entity that received land from the state or municipality for intended use indefinitely. The area and location of each plot is regulated by internal official regulations of the SNT.
For members of the cooperative, legislation allows for the transfer into personal ownership of previously used plots. But this can be done only after agreeing on the decision with the administration of the partnership and the municipality - the owner of the land. In addition, the share amount must be paid in full.
Land surveying within the SNT is necessary in the case when the procedure for privatization of land has already begun and a person wants to receive the full scope of property rights to real estate.
- What is land surveying
- Mandatory or not?
- Cost of the procedure
- How to carry out land surveying correctly
- Why do land surveying?
The legislative framework
According to paragraph three of Art. 39 of the Federal Law “On Cadastral Activities”, not only tenants and owners of plots, but also those persons who use the land under the right of free or lifetime use can carry out the land surveying procedure within the SNT.
Before carrying out measures to measure boundaries, it is mandatory to notify neighbors along the SNT. This norm is enshrined in paragraph 8 of Art. 39 of Federal Law No. 221 “On Cadastral Activities” dated July 24, 2007.
Legal regulation
The cadastral engineer must carry out activities to determine coordinates in accordance with the provisions of the law, one of which is Federal Law No. 218-FZ of July 13, 2015.
The boundaries of the site are determined based on:
- A document of title to the land, which contains information about the boundaries (drawings, plans).
- If there is no data on boundaries in legal documents, you should use sources that establish the boundaries when the site appears.
- If information about the location of boundaries is not contained in the documents from clauses 1 and 2, then on the basis of the approved land surveying project.
- If a land surveying project has not been developed, then cadastral work is carried out on actual fences that have existed for more than 15 years, or on landscaping elements, artificial or natural objects on the ground.
As can be seen from the provisions of the law, the cadastral engineer sets boundaries not at the request of the client, but based on documents, and in the absence of the latter, on fences that are at least 15 years old.
Link to document: “On state registration of real estate”
What is it and why do you need to divide the land?
Let's figure out why you need to do land surveying in gardening? This is because if there is no document confirming ownership rights, then other papers will not help prove your rights.
In addition, one of the main tasks of the process of surveying public land in SNT is to establish precise boundaries on the sides of the site and subsequently receive a document indicating that the land has an owner. Without this procedure, it is impossible to draw up documents for the privatization of the site.
There are cases when the land is owned by the owner without the above procedure. In this case, it turns out that without land surveying, the land cannot be registered as property, that is, from a legal point of view, it was appropriated by squatting, and this is already a violation.
Attention! Another significant advantage of carrying out land surveying in a gardeners’ association is the opportunity to receive up to 10% of excess territory, if any is available for landscaping.
Situations where a dacha plot has not been used for a long time, and then other objects are put in its place or a new owner appears, unfortunately, often occur. Such unpleasant incidents can be avoided only after complete paperwork.
As a rule, ten percent is taken from those plots whose tenants did not take care of timely registration. In favor of land surveying, we can note the fact that people who did not manage to register the land for gardening needs within the deadline set before January 1, 2021, will no longer be able to do this. Lands left without registration will be considered the property of the state.
Land surveying of a garden plot can be carried out by companies licensed to carry out such activities, or by cadastral engineers. If there is no license, this cannot be recognized as a legal distinction.
Terms and cost of surveying
The price for cadastral work to clarify boundaries differs in different regions.
In Moscow and St. Petersburg, clarification of boundaries will cost landowners from 12 thousand rubles. At the same time, the volume of work, the area of the site and its location can affect the cost of the services of a cadastral engineer. As for the timing, much depends on how long the owner will fill out the approval act. On average, work lasts from two weeks to several years, depending on the specifics of each case. For example, a lawsuit regarding the correction of an error in the surveying of adjacent plots, which does not allow the customer to clarify his plot, significantly delays the time for receiving an extract from the Unified State Register with coordinates.
Read: How to formalize a land purchase and sale transaction?
Is this procedure mandatory in gardening?
Carrying out land surveying is not a mandatory procedure in all cases , and many gardeners are thinking about implementing it or abandoning it. This is due, first of all, to the high cost of carrying out the work and ordering the services of a special company with geodetic equipment.
The fact is that relaxations for this kind of areas are regulated by rules that are in force until January 2021. This can be read in Federal Law No. 447-FZ.
After January, any actions related to legal transactions or other procedures should be carried out only with documents on the land survey. The following facts speak in favor of this procedure:
- If we are talking about the sale of the SNT plot, it is unlikely that there will be anyone who will want to purchase the plot without a boundary plan.
- In a dispute with neighbors, you cannot do without a plan. He will help defend his rights to the land.
- If a house is planned to be built on the site, then a boundary plan is indispensable.
- After 2021, no transactions with the site will be possible without land surveying.
There is no garden plot, but there is a country house? The question is: is it necessary to survey such land?
All the answers and descriptions of the nuances of the procedure are in this article!
The Importance of Formal Boundaries in Garden Cooperatives
First of all, land surveying guarantees the protection of the property interests of land users. Therefore, every tenant should consider participating in activities. In particular, previously completed work will serve well in the following situations:
- eliminating possible conflicts between neighbors (especially when boundaries are established for all areas within the cooperative);
- identification of vacant land plots that can be used in the future by members of the cooperative or can be registered in the name of individuals (by mutual agreement);
- obtaining the right to sell a plot of land, since without prior land surveying it will no longer be possible to put the plot up for sale;
- establishing the boundaries of lands that do not have a symmetrical shape (neighbors are unlikely to be able to divide such an allotment on their own, so there is a need to attract specialists with special equipment);
- the beginning of construction work when it comes to capital real estate (after completion of construction at the stage of legalization of the building, as well as upon prior receipt of permission for construction work, an accurate graphic representation of the plot indicating the coordinates on the ground will be required).
The sooner the survey is done, the better. This is due to the fact that the procedure is not carried out urgently. So, the entire process can take up to two months, taking into account the preliminary call of BTI specialists.
When is it not required?
There are some exceptions when there is no need to carry out measuring work at the SNT site. This exception recognizes the registration of land on the basis of the law on dacha amnesty .
This applies to the registration of SNT land plots, as well as individual construction. In order to become the full owner of land property, a measurement procedure is not required.
For such objects it is not necessary to carry out a land surveying procedure, but in order to avoid further disputes with neighbors, it is recommended to take measurements and draw up a new site plan.
Copy from the general plan
A copy from the master plan of a land plot is needed for planning individual housing construction, zoning the site and presenting it (based on relevant requests) to employees of regulatory authorities.
Copying is a document reflecting all geodetic work carried out on a given land. It is a map that contains information about neighboring areas, settlements, natural objects (reservoirs, etc.), power lines, etc.
You can obtain this document from the municipal architecture department by providing:
- Statement.
- Extract from the Unified State Register for real estate.
- Legal documents.
- A copy of your passport or organization card.
- Receipt for payment of state duty.
If you have a gardening book
So, let’s figure out whether it is necessary to survey a land plot in SNT if such a condition exists? By law, it is not necessary to carry out the procedure if you already have a gardening book.
A person must decide this issue himself, guided by the goals and needs that are intended to be carried out in relation to the site of the garden association.
If the plot is planned to be sold or separated from public use, then experts recommend carrying out land surveying work.
Mandatory or not?
Current legislative acts provide for an independent voluntary decision by the owner of a land plot, which is the property of associations and partnerships, to survey his plot.
From January 1, 2021, the situation will change; garden associations will be required to determine the boundaries of the plots that are part of the common property. This means that the participants of the partnership, the owners of the land, will be required to pay for the services of establishing the coordinates of the boundaries of the plots.
Who should carry out the procedure?
The Gardeners' Association is not obliged to take any measures to prepare documents. The responsibility for calling specialists in the field of land surveying falls on the shoulders of the owner , that is, the one who uses the SNT land plot.
If novice gardeners want to purchase a plot of land for flower beds and planting fruit and vegetable crops, experts do not recommend purchasing those plots that have not had a land surveying procedure.
This is explained by the fact that if the responsibility for the process is assigned to the new owner, he will invest significant sums, which will not please a thrifty person.
What is land surveying
A large legal dictionary defines procedure as follows. This is a set of measures aimed at establishing the area, shape and location of a land plot for the purpose of its further targeted use and identification among similar real estate objects.
In 2021, the process follows the following principles:
- the interested person must independently contact a geodetic company, which can be private or public (the choice of the competent authority is the authority of the interested owner, but it is better to contact state-owned companies, since private companies arise and disappear very quickly, so there is a risk that if errors are identified, claims can be made there will be no one);
- Employees of the technical inventory bureau are first invited to the site, drawing a schedule of the site and the location of all real estate objects on it;
- During land surveying, neighbors must be present to confirm their consent to the procedure.
If all surrounding plots have already been privatized, then agreeing on boundaries with neighbors is a formality, since the land cadastre will be guided by existing boundaries when preparing documents.
Do neighbors need signatures?
Even if the owner of the plot has never seen the owners of other plots and does not know whose land is located in the adjacent territory, they need to be found, because It is required to collect signatures from neighbors . If contact between the landowners of the garden association never took place, you need to send a letter via postal service.
That is, to the question of whether this is necessary and whether it is necessary to collect signatures from neighbors in the dacha area, one can give an unequivocal answer - yes.
If there is no response to the letters, you can publish the appeal in the local newspaper. You need to wait for a response within a month, if no negative or positive response was received from the persons to whom the letter was sent, then after a month the procedure for surveying the SNT site is considered agreed upon and you can use the services of surveyors.
However, if a neighbor disagrees with the procedure, then the dispute can only be resolved in court.
If the site has no neighbors, then you can carry out the land surveying procedure according to a simplified scheme , referring to Federal Law No. 93-FZ, ed. 2021 “On the dacha amnesty.”
Of course, you can’t know everything for sure, but this option with a simplified system is only applicable if you are one hundred percent sure. If the neighbors do appear, they will begin to make claims and also accuse them of seizing their share of the plot.
Important! Experienced legal experts advise sending not one, but two or more letters in order to obtain a response.
From all of the above, we can conclude that the neighbor’s signature matters if he really exists . If the owner of the plot is sure that he is surrounded by ownerless land, then he can call surveyors, but if this turns out not to be the case, the neighbor has the right to sue the invader of his territory.
Coordination of boundaries with neighbors
When agreeing on the boundaries, the owner of the adjacent plot puts a signature in a special act, which confirms his agreement with the location of the common boundary between adjacent lands. If the neighbor has already carried out land surveying, his signature on the act is not required, since the common boundary has already been established.
If you cannot contact your neighbor, it is permissible to submit a notice to the newspaper about the approval of plots (the address and cadastral number are indicated). After 30 days from the date of publication, if no objections are received from neighbors, the boundary is considered agreed upon.
Only in gardens it is allowed to submit notices to the newspaper without prior mail notification with a receipt stamp.
Disadvantages of agreeing boundaries through a newspaper:
- The survey period will be extended for another month.
- The customer will bear the costs of publishing the advertisement.
The advantage of the publication is the opportunity not to depend on the owners of adjacent plots with whom it was not possible to negotiate individually. Rarely does anyone pay attention to such advertisements, so, as a rule, no objections are received.
detailed instructions
So, in order to carry out the surveying procedure, you need to go through the following stages when contacting a company that provides geodesy services. The financial cost of the work will depend on the company’s prices, but usually the price is set on an individual basis.
After contacting the company’s employees, they will offer to conclude an agreement with them, for which the following documents will be needed:
- If another person is involved in the registration procedure, he needs to have a pre-certified power of attorney and a passport.
- A document indicating receipt of ownership rights to a specific plot of land within the SNT. Such documents may include a certificate of ownership or a contract for a purchase and sale transaction, etc.
- Some companies may ask for a foundation agreement.
- Identification document of the applying owner.
Sometimes the owner of the site provides the company with:
- A certificate confirming the absence of communications belonging to the public.
Such a document can be obtained by contacting the administration of the district where the dacha plot is located. A special technician will check the plot and draw his conclusions, refuting or confirming the presence of equipment. - Certificate from the mountains. light, where it is stated that no electrical cables are laid on the territory of the land plot.
The second stage of work consists of notifying neighbors in the gardening community about the upcoming land survey. This must be done no later than a week before the proposed work. They must personally be at the survey site and monitor the progress of work.
In self-notification you must adhere to the following scheme:
- Write the text by hand and send it to each of your neighbors by mail.
- Go around the neighboring gardening plots and tell them about the upcoming event, while handing them a notification to sign.
- The engineer receives notices from the owner of the site with the signatures of the neighbors.
Form of notification of the land surveying procedure.
Notification work can be ordered from a company; the approximate cost of notifying one person will be 250 rubles. Those who have free time can do their own search for the owners of a plot in the neighborhood.
It is important to note that neighbors must be warned about upcoming work , but if for some reason they do not show up for land surveying, surveyors will begin work without them.
This is not considered a fundamental factor for refusing land surveying. The next stage will consist of measuring the boundaries of the entire garden plot and recording the results in a special land surveying act.
With each marking, neighbors will be asked whether they agree with the measurements taken or not. After the land surveying process, the act is signed by the following persons:
- the owner of the measured plot or his chosen representative;
- neighbors from adjacent SNT lands, if they participated in the measurements;
- the engineer who carried out the measuring work;
- a representative from the administration, upon notification of the company.
The last step is to visit the company on the day that will be appointed. The owner will be given a land surveying certificate after the surveying company has carried out the work.
In the event that the boundaries of the measured area have changed after measurements, you need to proceed as follows :
- The owner needs to take the act to the District Committee responsible for land resources. There it must be signed and on the day that is chosen, it can be picked up.
- After this, you need to take care of including the site in Rosreestr, and to do this you need to go to the MFC or a branch of Rosreestr.
- Pay the state fee of 1000 rubles.
- Sign the application filled out by the registrar.
- After this, the registrar will take all the documents except the identity card and issue a special certificate confirming their acceptance. On the day written in the certificate, you will need to appear to receive documents.
The procedure for surveying a garden plot
To determine the boundaries, the owner needs to contact cadastral engineers who have a state license. If an unlicensed employee prepared the document, the act will not have legal force.
You can obtain a list of certified organizations and individuals providing services for determining the boundaries of plots on the official Internet portal of Rosreestr.
Where to begin
The procedure for carrying out land surveying includes several stages. The citizen must follow the instructions:
- Collect documents.
- Conclude a service agreement with the cadastral engineer.
- Coordinate upcoming work with the owners of adjacent plots.
- Get a ready-made plan.
- Register the document in the Unified State Register of Real Estate.
The owner is required to draw up an agreement with the neighbors. It must be signed by the owners of neighboring territories. If one of the signatures is missing, the finished plan may be challenged in court.
List of documents
To conclude a survey agreement, the following is required:
- owner's passport;
- title document for land;
- cadastral passport of ownership;
- statement.
If the application is submitted by a third party, his passport and a notarized power of attorney to represent the interests of the owner are required.
When it is not necessary to legitimize boundaries
When you simply use the allotment that was once allocated to you. According to the law, if the territory is not demarcated, it can continue to be used. But no legal manipulations can be carried out, that is, selling land, renting it, donating it, etc.
PDO land surveying may not be carried out if:
- you are satisfied with everything and do not need to take legal action regarding the land. You can continue to conduct your activities there, because ownership allows this;
- there are no disputes with neighbors, there is no risk of being deprived of part of your land, then you also don’t have to survey the plot;
- there are no plans to build a house on a piece of land that you own.
