Carrying out the procedure for demarcating a land plot

Starting from 2021, it will be prohibited by law to carry out any transactions with real estate (including inheritance, sale, donation) that has not been disassociated.
Until this time, each owner of a land plot must take care of property surveying .

The land surveying procedure consists of determining the boundaries of a site, measuring its actual area, agreeing on boundaries with the owners of neighboring sites and drawing up a land survey plan.

The procedure can be carried out free of charge, but only within the framework of special government programs and subject to certain circumstances. It will be easier and faster yourself or a company that has several engineers on staff.

How much the demarcation service will cost depends on how much work the engineer will actually have to carry out, how labor-intensive they will be and how much time they will take, as well as on the remoteness of your land plot from the office of the selected company.

What is land demarcation

Demarcation of a land plot is the determination, consolidation or restoration of the exact boundaries of an existing plot or newly formed ones, after their division or merger with possible legal confirmation of the indicators. The procedure takes place through a complex of survey, engineering, geodetic, and legal work, during which the land receives clear boundaries and is attached to a specific area. The procedure for carrying out the event also includes obtaining an individual cadastral number, address and creating special technical documents.

The documents include the creation of a plan-scheme with fixed dimensions, boundaries of plots, their exact location and other individual characteristics that define the divided plots as separate objects of property, civil rights and obligations. Obtaining a cadastral number and passport is necessary for special government bodies that deal with land records. Such documents contain all the data and confirm the existence of a land plot, the right of ownership of a certain person and its individual territorial properties at the state level.

Payment nuances

The basis for performing work is a signed contract. In it, in addition to the rights and obligations of the parties, payment is prescribed. Select the method of transferring funds - cash, to a bank card or current account. Each transaction must be recorded, receipts and receipts must be saved.

Possible terms for transferring funds:

Legal regulation

The legal regulation of the delimitation of land plots is prescribed by the main regulations:

1. Land Code of the Russian Federation.
2. Instructions for land surveying, which were approved by the Committee of the Russian Federation on Land Resources.
3. Federal Law on state registration of rights to real estate No. 122.
4. Federal Law on the cadastre of objects No. 221.
5. By order of the Ministry of Economic Development of the Russian Federation.

Since 2021, a law has been introduced that does not allow any transactions (purchase and sale, exchange, donation, use as collateral, inheritance, etc.) with lands, regardless of ownership, if there is no data in the cadastre about the exact location of the boundaries of this area. The provision applies to all territories allocated for agricultural purposes (dacha or personal farming, gardening, vegetable gardening), individual housing construction.

When receiving a cadastral passport, in column 15 it is indicated - “The boundary of the land plot is not established in accordance with the requirements of land legislation.” But legislative bodies do not force residents to carry out demarcation without fail.

In connection with this information, we can conclude that the current owner may become an interested party in land surveying in order to gain the opportunity to fully dispose of the existing land. The future owner, since without carrying out the procedure it is impossible to rent or purchase a plot, transfer of the territory from the state to certain property rights.

How to do it?

The first step is to contact a company that will determine the boundaries of the site. But before that you need to collect documents.

What documents are needed?

Immediately before contacting the company you have chosen, you need to prepare a certain set of documents.

This:

• a document on the basis of which the right to own land was assigned to you - this could be, for example, a purchase/sale agreement;
• the certificate of ownership of the land plot itself;
• diagram of the land plot, which is issued by the board of your SNT;
• a certificate stating that this area does not contain any information infrastructure lines or other capital linear objects - gas pipelines, power lines, oil pipelines, oil rigs, etc.

Application Form

When contacting a company authorized to carry out the procedures described above, you will need to write an application for land surveying.

For it, as for any other legal document, there is a mandatory procedure for drawing up:

1. the application is made in printed or written form. If it is written by hand, the text must be legible and understandable.
2. The written application is written with one pen, without changing ink. Only black or blue paste is allowed.
3. The text of the application must be divided into at least three sections, each of which is separated from the other so that all parts are clearly distinguished.
4. All sheets of the document (if there is more than one) are numbered, although the absence of a number on the first sheet is allowed.
5. If various documents are attached to the application, they are arranged in order of decreasing legal force, and if they are equal, they are arranged alphabetically.

The main three components of the statement are:

• introductory part. The details of the applicant and the organization are indicated here, as well as the reasons for sending the application;
• main part. Contains the subject of the application - site data, as well as a request for boundary work;
• conclusion. All applications are indicated here, as well as the time and place of drawing up the application.

This application, in addition to other documents, will need to be sent to the company of your choice.

Application for land surveying.

When you might need it

Owners of land properties are obliged to use them in accordance with current legislation, without violating the rights of owners of adjacent territories. But in the absence of precise boundaries, many problems arise. The delimitation of the land plot is carried out:

1. If disagreements arise between the owners of nearby territories. To resolve possible disputes, it is necessary to clearly define the boundaries of property.
2. If the owner of a large plot wishes to divide it. If it is not possible to pay too much tax. Subdivision helps to manage parts of the land differently. For example, sell one area and rent out the second or donate it as a gift.
3. When registering land ownership. This could be the purchase or inheritance of land (for example, to a child from parents), privatization of state or municipal property.
4. If two or more joint owners wish to clearly define their property boundaries. Heirs or divorced spouses wishing to dispose of property that is in shared ownership.
5. When conducting any kind of property transactions. Sale, donation, use as collateral.
6. When combining several land areas into one. For example, a decision was made to increase the territory of the property, and neighboring plots were purchased.

Is it possible to carry out land surveying without documents?

There are often difficulties in obtaining all the papers. Some old documents may be lost, some may be damaged. Of course, without a passport and title documents, an application for land surveying will simply not be accepted. If they are missing, they will have to be restored in advance by the relevant authorities.

But with certificates and extracts from the State Registration, Cadastre and Cartography Service and from the BTI, everything is a little simpler. The same specialists who will carry out land surveying can help with them. But in this case you will have to pay an additional amount, and the amount of this amount is determined by the organization. Therefore, it is advisable to still have all the necessary papers with you.

Advantages and disadvantages

Land demarcation, like any other procedure, has its pros and cons. The advantages include:

1. After the land surveying procedure, many opportunities and actions with the property open up. You can easily carry out any transactions: sale, exchange, gift.
2. Facilitation of procedures for transferring rights to third parties, registration of property rights, thereby increasing the likelihood of loan approval.
3. Facilitation of obtaining all kinds of development permits.
4. The end of possible disputes about the boundaries of territories with neighbors, since all boundaries are documented, the owners of neighboring territories confirm their agreement with the results of land surveying.

The disadvantages include:

1. High cost of cadastral engineer services.
2. Timing of the procedure. On average it takes from one to three months.
3. The risk of incorrect preparation of documents by cadastral engineers.
4. Sometimes the competence of municipality representatives in some issues is insufficient.

The procedure for surveying a garden plot

Land surveying services are provided by geodetic companies that have the appropriate license.

The result of the work of such companies is a boundary plan of the site approved by the cadastral authority, the presence of which allows:

• Avoid disputes with the owners of neighboring plots regarding adjacent boundaries;
• Divide the land plot into several plots or combine it with other plots;
• Carry out the alienation of the plot in the future without legal problems.

It is important to draw up a survey plan in a timely manner due to the fact that the survey procedure in the future may become mandatory for owners, and then the workload of geodetic firms and the cost of such a procedure will increase.

Who carries out the delimitation of the land plot, the cost of services

Specialists in the field of jurisprudence, geodesy, and land management should participate in the process of land delimitation. Representatives of the design and survey department of Rosnedvizhimost, licensed to carry out engineering and geodetic work, have the right to do this. These can be individuals or legal entities who are allowed to rent, as well as engage in cartographic and geodetic activities in a given area. The very procedure of measurements, calculations, determination of boundaries and drawing up boundary plans is carried out by cadastral engineers who have received the appropriate qualification certificate.

The cost of services may vary significantly between private companies and those operating with the permission of Rosreestr (you can find out directly from their representatives how much their services will cost). Employees approved by Rosreestr use a special formula, which calculates the cost of the entire range of services. The formula includes the location of the object, its possible difficulties, features, and the hourly wage of the cadastral engineer. Private companies independently calculate the total cost, since there are no prices approved at the state level. However, representatives of local authorities are trying to control price increases during such events. To the costs you can add the state duty for conducting an examination of the documents made and registering property rights. These prices may vary significantly depending on the region.

Payment Features

Before ordering a service, you need to study all the terms of cooperation - familiarize yourself with the contract, forms and amount of payment, requirements for the work. To save time, this can be done over the phone or via online chat on the company’s official website. This way, experts will be able to provide the necessary information and advise on the nuances of land surveying.

The necessary conditions

The basic requirements for this procedure are not complicated. You need to find a contractor (cadastral engineer, company), agree on cooperation issues and ensure payment. An important point is the consent and presence of all neighbors during the work. They must sign the survey document. Failure to comply with this condition will result in cancellation of the document.

Land surveying regulations:

Representation of the owner's interests by a third party is allowed. To do this, you need to draw up a power of attorney and have it certified by a notary.

Cost of the procedure

Land surveying is a complex, multi-stage procedure. Companies indicate an estimated cost, which may change depending on specific conditions. First, the land plot is analyzed according to the criteria of location, transport accessibility, and setting boundaries for neighboring plots.

Types of services:

The price depends on the region where the plot is located. The highest rates are in Moscow and the Moscow region - from 10,000 rubles. up to 80,000 rub. For the Leningrad region, prices start from 7,000 rubles. up to 30,000 rub. In the regions, prices rarely exceed 20,000 rubles.

Calculation example

To calculate the cost of land surveying, specialized software systems are used. They take into account the requirements of regulatory documents; it is possible to change values ​​and tariffs. The latter are installed by a cadastral engineer or company.

The following factors influence the final cost:

To control the final cost, you can request a full estimate. It must indicate all types of work and their prices. This document is issued only upon request and is not included in the mandatory list for submission to Rosreestr.

Video: cost of the procedure

The procedure for delimiting land area

The delimitation of a land plot has a certain procedure approved by law. Failure to comply with this procedure and work technologies may lead to the cancellation of the drawn up act:

1. Contact a geodetic company that has all the permits to carry out the procedure and a good reputation. Deciding what future sites will look like.
2. Notifying co-owners and owners of adjacent territories so that they give permission to carry out the procedure, agree on the boundaries, and can be present.
3. Drawing up an act containing information about the conduct, results of the work, complete data of the owners, neighbors, engineer, invited representatives of the local government, and their signatures.
4. Sending the received act to the special commission for approval.
5. Registration of property rights, obtaining cadastral passports.

The duration of surveying is from 2 weeks to several months, depending on possible difficulties and litigation.

The created plots that will be demarcated must correspond to their intended purpose and have passages and driveways. Must meet the minimum indicators of the formed area, for example, land for farming has a minimum threshold of 2 hectares, and for vegetable gardens - 4 acres (the numbers vary depending on the region).

The demarcation of the territory under an apartment building follows the same principle, but has its own characteristics. The formation of the area is carried out by the local government through public hearings, where all objections to the division of interested parties can be considered, since the land under the house belongs to all apartment owners.

FAQ

In the process of searching for a contractor or performing work, questions may arise. Most of them are due to ignorance of the laws or incomplete study of the cooperation agreement. To minimize the occurrence of disputes and conflicts, it is recommended that you familiarize yourself with the frequently asked questions.

They may be as follows:

Representatives of the company or a cadastral engineer can answer other, less important questions. You can also contact specialists from the Rosreestr branch, or send an electronic request on the official website of the organization.

Necessary documents, sample application for demarcation of a land plot

Before starting land surveying work, you need to collect the established set of papers:

1. A document confirming the person’s identity (passport, TIN).
2. Application for land surveying. Compiled in free form.
3. Title documents confirming the right of ownership or disposal of the plot. This could be a notarized power of attorney, a certificate of receipt of an inheritance, an extract from the Unified State Register of Real Estate, or a decision on the transfer of land.
4. An extract from the BTI to confirm the location of buildings on the site and their location.
5. Land plan.
6. A layout diagram of all kinds of highways and public places on the territory may be required.
7. Consent of co-owners and neighbors or a court decision to carry out the procedure.

An agreement is drawn up with the selected company to carry out the procedure. Consists of mandatory items:

1. Who, when, where, for what reason draws up this agreement.
2. Information about the site, documents received.
3. Formation of prices for the entire range of services, indicating all points.
4. Drawing up the rights and obligations of the parties to the agreement.
5. The ability to protect yourself from unforeseen risks.
6. Date of compilation, signatures of the parties.

Step-by-step instructions for surveying

Step 1 - preparation of all necessary documentation

When initially allocating a plot of land to carry out demarcation, it is necessary to have at your disposal a diagram of this plot on the cadastral plan, as well as a state resolution on the allocation of this land. Land owners will only need a corresponding certificate from the Unified State Register of Real Estate.

Documents are sent by Rosreestr, as a rule, within three days. You can get an extract much faster using the Rosreestr API. The cost of this service will cost the same 250 rubles, you will receive official information with a digital signature.

Step 2 - finding a professional cadastral engineer

Your goal is to find a qualified cadastral engineer, discuss with him all the details of the work, the price of the service and the method of payment. Next, you need to conclude an appropriate agreement. Remember that work should only be carried out by professionals with experience in this field.

Step 3 - receiving a package of ready-made documents and signing a certificate of completion of work

A cadastral engineer deals with a full range of land surveying works. As soon as the work is completed, the specialist will give you a package of ready-made documents (cadastral passport, technical, boundary plan). To register a plot of land for cadastral registration, you will need a land surveying plan. And in the case of the construction of a certain construction project on this site, a technical plan will be required. Also, all case materials can be provided on electronic media and, if necessary, in paper form. After you personally check all the documentation, you must sign a certificate of completion of work (two copies). You are given one original document.

Step 4 - checking the results of the completed survey

The entire procedure, from the moment the agreement is concluded until the receipt of the completed papers, takes a maximum of 14 days. In a few more days, information about the new land plot and its boundaries should appear on the cadastral map of the Register in public access. You can personally check the results of site surveying using the link. You only need to indicate its cadastral number. This step is the completion of the entire demarcation procedure.

Neighbors and land surveying: how to resolve a dispute

The engineer conducting the procedure does not have the right to resolve disputes between the parties; he will only fix the boundaries of the land that the owners agree on. Before starting the procedure, you need to notify your neighbors in any convenient way: in person, through a newspaper, by phone, by registered mail. The owners of adjacent territories confirm the established boundaries. When drawing up the act, their signatures and identification documents are required. When the site is in common ownership, the consent and presence of all owners or their representatives by proxy is required. This will document that the owners of the adjacent territories have no objections to the existing boundaries, and they are established correctly. If the territory belongs to any partnership, then the consent of the chairman of the board will be required before starting.

If serious disagreements arise and compromise is impossible, there is only one way out - going to court.

The court may need the following actions:

1. Ordering an extract from the Unified State Register of Real Estate for the plots of both representatives of the dispute.
2. Obtaining documents for all kinds of communications, power lines. Determining the exact boundaries of environmental protection zones.
3. Obtaining all kinds of certificates from SNT, ILI or DNP, if the site is related to them.
4. Obtaining as complete a history of your land as possible: by whom and when it was received, from whom, what the area and borders were at that time.
5. A land survey may be required. It can cost from 15 to 45 thousand, depending on the area.

A legally qualified person will also be required to protect rights.

What to do if your neighbor doesn't agree

N-e-e

When surveying a plot of land, disputes with neighbors are common, but you will still have to seek a compromise. In my opinion, it is better to give in a little to an intractable neighbor in order to end the process (give less to get more), since going to court to resolve a dispute is not a quick process, nor is it free (from 15 thousand). In general, my advice to you is to document any refusal, it will come in handy. If it comes to court, be prepared to raise the story of who, to whom and within what boundaries the plot was transferred earlier.

How to get the right to free land surveying

The opportunity for free demarcation of the site can be realized until 2021 inclusive. Free surveying means that the services of a registered engineer are financed from the state budget under a special program, but all state fees are paid by the owner. You can find out about complex land surveying in your region from the media or the administration. To implement it, you must contact the registry organization that carries out the complex of work with a free-form application. A certain set of documents will need to be attached to the application; you can find out about it in the same organization where the application is being submitted.

The following have the right to conduct land surveying at the expense of the state:

• owner of the site;
• long-term tenant of the space;
• owner for lifelong use.

Demarcation of a land plot is an important procedure that can simplify possible legal actions with the territory, disputes between neighbors and co-owners.

What does a boundary plan look like?

Confirmation of the completion of the entire procedure is the boundary plan (or file). The plan includes text and graphic parts. The boundary plan should display all measurements taken, data for the cadastre and acts for resolving controversial issues. The document includes the following:

• Initial information of the object.
• Information on all measurements taken on the site.
• Information on the formation or change of a land plot.
• A diagram showing the location of the object.
• Drawing of the site (its parts).
• Geodetic diagram of buildings.
• Additional documents (copy of media notice, copy of no-objection certificate).

Why do you need a land surveying act?

One of the points in the land surveying procedure is to notify all interested parties about the establishment of boundaries. After this, it is necessary to obtain their consent. Persons whose interests may be affected in this situation are neighbors who own their plots on the basis of legal ownership, perpetual use, lease or inherited ownership. Agreement takes place in the form of a meeting or separately with each owner. After receiving the notification, interested parties must express their consent by signing the document, or write a reasoned refusal.

There can be two scenarios for the development of events:

1. The neighbors agree with the declared boundaries and coordinates. If the act is signed by all owners of neighboring plots or their legal representatives, it is agreed upon. If the interested person, after a certain period of notice, has not expressed his consent and has not submitted a written protest, the act is also considered agreed upon.
2. Some of the neighbors do not want to sign this act. Such cases are not very common in legal practice, but they cause a lot of trouble. In this case, written objections are attached to the land survey file and are considered part of it. Then the plot will also most likely be registered, but the neighbors may subsequently go to court with an application to consider the land dispute. This means that to avoid problems, it is advisable to listen to all complaints and try to resolve them in order to obtain the necessary signatures.