Owners often resolve disagreements over the passage of boundaries between plots in order to agree on boundaries during land surveying land plot... To resolve them, it is necessary to determine the boundaries of the allotments. We will explain the procedure for negotiating boundaries in this article.
Resolving the issue of boundaries
In order to agree on the boundaries, the personal presence of the owner of the allotment or his representative will be required. The representative acts on the basis of a power of attorney certified by a notary office.
Algorithm how to conduct a land survey
- Collect documents confirming that the land belongs to you legally.
For example, ownership rights are confirmed by a sales contract, donation, certificate of ownership and other documents. Do not forget to issue a power of attorney if a representative will protect your interests.
- Sign a service agreement with the cadastral engineer. The engineer draws up an act, which is the basis for registration in the real estate cadastre. Coordinates the land surveying procedure with the owners of the allotments.
- Wait until the land survey is completed.
The engineer prepares this document in in electronic format... An enhanced electronic digital signature is affixed for certification.
Advice. If you need to get a land survey in paper form, we recommend that you discuss this point in the agreement. The agreement specifies in what form the cadastral engineer prepares the land survey.
- Pay the fee.
Three hundred and fifty rubles must be paid to register the ownership of land (subparagraph 24 of paragraph 1 of Article 333.33 of the Tax Code).
- Transfer the package of documents for registration to the specialists of the Rosreestr division.
You can submit the documents in person or send them by mail with a valuable letter. If it is more convenient for you to apply in electronic form, use the website gosuslugi.ru. Also, specialists from multifunctional centers work to receive documents. public services.
The receipt of payment is not a required document for registration. But we recommend that you submit this document. Government officials may refuse to register if the system does not have information that you have paid the fee. Therefore, in order to avoid annoying misunderstandings, it is better to attach the proof of payment to the documents.
- Contact Rosreestr to obtain supporting documents.
The law gives ten days for the registration procedure. The deadline is counted from the date on the document acceptance stamp. When submitting documents through Multifunctional Center public services period is increased to twelve working days.
Boundary definition procedure
- Signing the agreement.
3 factors on which the price for the services of a cadastral engineer depends:
- the place where the site is located;
- the complexity of the relief;
- time to carry out work.
The cost of services starts from six thousand rubles. If the procedure concerns agricultural land, then the marking of one hectare will cost about twelve thousand rubles.
- Before proceeding with the work, we recommend that you familiarize yourself with the question about the price. Engineers working in state structures are guided by special technique... The cost determination is based on the complexity of the work and the cost of one standard hour. Private structures use their own calculation algorithms, so accessing them will cost you more.
- Informing neighbors about agreeing on the boundaries of adjacent plots.
The work cannot be carried out without the signature of the neighbors. Such a rule was established by the law (paragraph 10 of Article 39 of the Federal Law "On Cadastral Activities"). A written message about the work is sent to the owners of adjacent plots thirty days before the start of the work.
The procedure for notifying the owners of adjacent allotments
There are 3 main points of notification:
- place and time of the meeting;
- information about the cadastral engineer with the indication of contacts for communication (e-mail, telephone number);
- algorithm for familiarization with the boundary plan.
The law lists the rest of the information that is specified in the notice. Neighbors will receive a basis for judicial challenge works if they have objections to the results of the agreement.
It often happens that the neighbors are not aware of the approval of the boundaries, although the law has established a rule and prescribes a mandatory form of notification. Formally, the procedure for agreeing the boundaries during land surveying is not violated. In practice, work is often carried out without approval. The situation arises because the residence addresses of the neighbors are unknown. If there is no information where to send notices, the information is published in the local press. Since not all owners read local newspapers, abuse begins. It becomes possible to cut a neighboring area to your site. Therefore, the courts hear so many disputes about land boundaries ah, defined without agreement.
- Departure of the engineer to the site.
After notifications are sent, the engineer leaves for the site and measures the area of the allotment. Coordinate points are determined by special equipment. The information received by the engineer who carried out the work is agreed with the interested parties. Work on the allotment has been going on for two weeks. To count total term here thirty days are added to notify other owners, as well as the time for drawing up a land survey. Filling out a survey file takes about a month and a half, provided that the documentation is correctly drawn up.
- Coordination of the plan.
This is an important point in the work. Neighbors must give their opinion on the boundaries. The consent of adjacent owners is necessary to avoid litigation about the places where the borders pass.
4 main points of the boundary plan:
- the place where the borders of the land plot and neighboring land pass;
- algorithm for calculating area;
- information about restrictions on the territory of the site;
- information about changing the boundaries of the land during the work.
Conciliation Act
Approval act in mandatory attached to the survey file. The document has legal force, when it contains the signatures of all persons with an interest in the issue under consideration. When other interested parties have not expressed their consent, but also have not written a reasoned refusal, it is considered that they agree with the act.
Important! The boundary document must contain notifications about the sending of notices to persons with an interest in the case.
The engineer whom you have chosen to carry out the work must include written objections in the act, if they are available from the neighbors. Erroneous land surveying and approval leads to the fact that the employees of the cadastral chamber refuse to approve the boundaries.
Resolution of disagreements arising from the approval of boundaries
If the work was carried out incorrectly, we recommend that you apply to the cadastral chamber with an application for eliminating errors. Information that the objections have been withdrawn is entered into the approval act. When the issue of defining the borders could not be resolved peacefully, it remains to file a statement of claim in court. We warn you that when filing a claim, there are difficulties with paying the fee. When the claims are of a non-property nature, the amount of the payment will be three hundred rubles. But the judge may refuse to accept the claim, indicating that claims for property have been declared. In property disputes, the amount of payment directly depends on the price of the property. For this reason, we recommend that you clarify the amount of the fee in court.
3 important nuances that are included in the claim:
- indicate the boundaries that have existed on the ground for more than fifteen years;
- indicate the owner of the neighboring plot as the respondent, the registration authority, as well as the engineer who made the measurements, will be a third party;
- clearly articulate the requirements. The essence of the requirements depends on the circumstances of the case. You can make a requirement to recognize the boundaries as a technical error. The second option is to make a request to determine the place where the border with the neighboring land passes.
The judge will leave the statement of claim without movement, if the receipt of payment is not attached state duty or there are no copies of the claim for the number of persons involved. To confirm the requirements, we recommend attaching a copy of the land survey, as well as documents confirming the rights to the site. Claims are accepted by the courts at the place where the land plot is located.
Advice. If you spent money on a lawyer, ask for compensation in the claim for the costs of a representative. The loser will compensate for the costs.
Determination of boundaries without the participation of neighbors
The law defined the case when agreements with neighbors would not be required. The decisions of the courts must be complied with, according to Article 13 of the Civil procedural code... After you received judgment, you need to contact the specialists of the cadastral chamber. It is necessary to submit an application to clarify the boundaries of the site, approved by the court decision. The cadastral chamber must comply with the court's decision. There is no need to obtain approval from the owners of adjacent parcels.
Conclusion
The land remains a subject of controversy. Dealing with the border issue will be costly. The price of the issue depends on the cost of the services of cadastral engineers, the territory where the site is located, the complexity of the relief and other factors.
We will orient on the terms of work. Measurements will not take much time. The necessary measurements are made in two weeks of work. The time limit is added to the time for notifying neighbors, which is thirty days. If disagreements arise with other interested parties, the issue of determining the boundaries will be finally decided in court.
When performing cadastral works for the purpose cadastral registration clarification of the location of the boundaries of the land plot, the location of the boundaries is subject to mandatory agreement with interested parties.In this case, stakeholders are understood as:
1) persons - owners of adjacent land plots (except in cases where such adjacent land plots located in the state or municipal property, are provided:
- to citizens in inherited possession for life, permanent (unlimited) use;
- legal entities, which are not state or municipal institutions or state-owned enterprises, for permanent (unlimited) use);
2) landowners and land users who own land plots on the basis of the right of permanent (perpetual) use, life-long inheritable possession or the right to lease for a period of more than five years (if the land owner is a public entity).
The subject of agreement with the interested person is to determine the location of the border of the land plot (in relation to which cadastral work is being carried out), which is at the same time the boundary of another land plot belonging to this interested person.
Coordination of the location of the boundaries is carried out at the choice of the customer of cadastral works either with the establishment of the boundaries of land plots on the ground, or without establishing the boundaries of land plots on the ground.
The person concerned has the right to demand the coordination of the location of the borders with their establishment on the ground. In this case, such coordination is carried out with the establishment of appropriate boundaries on the ground, with the exception of the following cases:
1) land plots, the location of the boundaries of which is agreed, are:
- forest areas;
- land plots as part of specially protected lands natural areas and objects;
- land plots as part of agricultural land intended for the traditional use of natural resources by the indigenous peoples of the North, Siberia and Of the Far East Russian Federation;
2) the location of the boundaries of land plots subject to agreement is determined by indicating natural objects or objects of artificial origin or their external boundaries, information about which is contained in state cadastre real estate, which makes it possible to determine the location of the boundaries of such land plots subject to agreement;
3) the location of the boundaries of land plots subject to agreement is determined by the location on one of such land plots of a linear object and the norms of land allotment for its placement.
The Law on the State Real Estate Cadastre identifies two forms of agreement on the location of borders: a collective form (by holding a meeting with all interested parties) and an individual form of agreement with each interested person. The right to choose a specific form belongs to the cadastral engineer.
Coordination of the location of the borders by holding a meeting of interested persons without establishing the boundaries of land plots on the ground is carried out on the territory of the settlement, within the boundaries of which the corresponding land plots are located, or which is the nearest settlement to the location of the corresponding land plots, unless another place is determined by the cadastral engineer by agreement with interested parties.
The notice of the meeting is handed to interested persons or their representatives against receipt, sent to their postal addresses by mail with acknowledgment of receipt and to their e-mail addresses in accordance with the cadastral information (if any), or published in the manner prescribed for official publication municipal legal acts, other official information of the relevant municipality.
The publication of a notice of the holding of a meeting to agree on the location of the borders is allowed if:
1) in the state real estate cadastre there is no information about the postal address of any of the interested parties or a notification has been received about the holding of a meeting about the coordination of the location of the borders, sent to the interested person by mail, with a note that it is impossible to deliver it;
2) an adjacent land plot is located within the territory of a horticultural, horticultural or suburban non-profit association and belongs to common property, or is part of agricultural land and is owned by more than five persons, or is part of common property owners of premises in an apartment building.
The notice must contain, among other things, information about the customer of the relevant cadastral works, information about the cadastral engineer; the procedure for familiarization with the draft land-plan, the place or address where this draft can be viewed from the day of delivery, direction or publication of the notice; place, date and time of the meeting to agree on the location of the borders. A complete list of information required to be included in the notification is contained in Art. 39 of the Law on the State Real Estate Cadastre.
The notice of the meeting must be delivered, sent or published no later than 30 days before the day of the meeting. The notice must contain a period for the interested parties to send objections to the location of the borders, which cannot be less than 15 days from the moment the interested person receives the notice.
The result of the agreement on the location of the boundaries is drawn up by the cadastral engineer in the form of an act of agreement on the location of the boundaries on the back of the sheet of the graphic part of the boundary plan.
The location of the boundaries of the land plot is considered agreed if there is a location in the agreement of the location of the boundaries personal signatures all interested persons or their representatives, unless the duly notified interested person or his representative in set time did not express their consent or did not submit their objections in writing with their justification.
In this case, the location of the boundaries of land plots is considered agreed with such a person, about which a corresponding entry is made in the agreement on the location of the boundaries. Documents confirming compliance with the established notification procedure are attached to the boundary plan said person... These documents are an integral part of the landline plan.
If the location of the boundaries of the land plots is not agreed with the interested person and such a person has submitted objections in writing to this agreement with the justification for refusing it, records on the content of these objections are made in the act of agreeing the location of the boundaries. Objections submitted in writing are attached to the land survey plan and are an integral part of it.
More on topic 3.3. The procedure for agreeing on the location of the boundaries of land plots:
- § 3. The procedure for the provision of land plots without prior approval of the location of the object
- § 2. The procedure for the provision of land plots for construction with preliminary agreement on the location of the facility
- 2.6.1. Establishing the boundaries of a land plot on the ground (land surveying)
- Chapter VI. RIGHTS AND OBLIGATIONS OF OWNERS OF LAND PLOTS, LAND USERS, LAND OWNERS AND TENANTS OF LAND PLOTS WHEN USING LAND PLOTS
- 2.2. Features of the provision of land plots with preliminary approval of the location of the construction object
- § 1. Grounds for the provision of land plots without prior agreement on the location of the facility
- 2.1. Applying with an application for the choice of a land plot and preliminary agreement on the location of the object
In the state cadastre of real estate there is such a term as the definition of the boundaries of a land plot. This article will focus on exactly that.
The norms of the current federal legislation stipulate that the location of the boundaries of land tenure, which is the boundary of another, neighboring land, is subject to approval by interested parties, and it is this location that is determined by determining the coordinates of turning points. This provides the basis for agreeing on the boundaries of land tenure.
Who conducts the coordination of the boundaries of the land plot
Coordination of land boundaries is carried out by a cadastral engineer during the execution of work related to the design of a land survey plan. In the future, this document is provided by the applicant or his representative to the authorized body for the implementation of cadastral registration.
Remember that the boundaries of land tenure can only be agreed upon when specifying their location. It is the cadastral engineer who is responsible for observing the procedure for agreeing on the location of the boundaries.
The procedure for agreeing the boundaries of a land plot with neighbors
The above event is divided into several stages:
- Preparation. During the implementation of this stage, the specialist identifies the circle of interested persons who will participate in the procedure, determines how the approval will take place (by holding a meeting or on a personal basis), and also informs the appropriate subjects about the upcoming meeting. The cadastral engineer can notify about the named event by delivery of a notice, direction or publication within thirty days before the date of the meeting. If the interested person refuses to accept the specified paper, he is considered legally notified;
- Negotiation of boundaries. The specialist responsible for the execution of the event must ascertain the powers of the interested persons or their attorneys, ensure the right to study the draft boundary works, and explain in detail its essence, indicate to the landowners or their attorneys the location of the land boundaries to be agreed upon directly on the spot;
- The final stage. The cadastral engineer is preparing an act of agreeing on the location of the land boundaries. This document executed on the back of a drawing of a specific territory. If you are going to agree on land boundaries, pay attention to the reverse side of the agreement on approval. If the drawing of the object is not displayed, it is recommended not to sign it. The boundaries are considered agreed if all signatures are affixed to the act on the approval of the location of the land boundaries, as well as in a situation where the interested person has not signed the agreement by agreement or a written disagreement has not been declared within the specified period of time.
Notification of the approval of the boundaries of the land plot
The legislator has developed a special algorithm for notifying interested parties regarding the holding of an assembly. The cadastral engineer notifies them by mail, hands them in person against receipt, or publishes information through the media.
The document announcing the holding of the meeting is provided, published or sent no later than thirty days before the moment when the meeting is held. This is due to the fact that interested parties should study the draft landline plan in order to sign the corresponding paper in the future or express their disagreement.
If the owner of the neighboring land refuses to accept the aforementioned paper, such a person is accepted in a notified legal way.
The cadastral engineer sums up the results of the procedure by means of the act of agreeing on the location of land boundaries, which should be located on the back of the drawing of a specific object.
When agreeing on the boundaries or affixing your signature on the approval act, make sure that there is a drawing of the land plot on the back of the act. If not, it is recommended to refrain from signing such a document.
What to do if neighbors do not agree with the boundaries of the site
If the owners of neighboring lands disagree with the definition of boundaries, they must write and submit to the responsible specialist a list of their justified objections to their location.
In this case, the cadastral engineer is obliged to fix the objections in the appendix to the land survey plan.
Therefore, when agreeing or refusing to do so, this circumstance should be checked. The resolution of any disputable situations that arise during the execution of this procedure takes place with the help of the norms of land legislation in force on the territory of our country.
What to do if neighbors refuse to sign the border agreement act
If you want to demarcate your site and determine its boundaries, and the owner of the adjacent land does not agree to sign an act on agreeing the location of land boundaries or evades signing it, please contact judicial authorities.
Exercise protection civil rights possible only in the ways that are established by law. If you choose the wrong way to protect land rights, the claim may be rejected on a formal basis. In such cases, the correct choice of the application that must be filed with the court depends on whether your neighbor is the owner of an independent contiguous land or he is one of the owners of a common land with you. Both cases need to be considered in more detail.
If a neighbor owns a separate adjacent land, for example, at a neighboring residential facility, then it will be correct to appeal to the courts with a statement of claim to establish the boundaries of your land ownership.
Claims for rights to real estate include claims to establish the boundaries of land tenure. The conflict between the owners of neighboring lands about the location of land boundaries is a dispute about the right to real estate, and it should be resolved by filing in government agency statement of claim on the establishment of the boundaries of the land plot.
Handling with the specified requirement is an individual method of protecting violated rights, aimed at eliminating the uncertainty of the passage of the land border and resolving the conflict about the ownership of a certain part of the site. As part of this requirement, adjacent borders between territories are established. This happens based on the coordinates of the turning points.
If you find errors in determining the coordinates of the borders of neighboring land, made when delimiting your land, which are already included in the USRN, declare as part of the statement of claim to establish the boundaries of your site, Additional requirements on the invalidation and exclusion from the USRN information of the description of the location of the borders of the neighbor's land.
The second situation occurs when your land and the plot of a neighbor with whom there is a disagreement are in the same residential building. During the land reform, the owners of one household and title documents for the land were drawn up with the designation of the specific dimensions of the land in square meters or fractions of a hectare.
According to the current legal regulations, a common plot of land under one household is considered to be owned by the right of common shared ownership, despite the initial fixation of shares in units of area. In such conditions, the way to protect property rights will be different. It is wrong to demand the establishment or change of land boundaries in such circumstances.