When registering land plots, an important step is the designation of its boundaries. This allows you to protect the property from the claims of third parties and confirm the legality of ownership of the area in the event of disputes.
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The lack of data in the real estate register entails certain difficulties in the alienation of land. Thus, in cadastral documents there may be an entry “The boundary of the land plot is not established in accordance with the requirements of land legislation.”
What does it mean
According to the legislation of the Russian Federation, registration of property rights to land plots is accompanied by the designation of their characteristics and boundaries in cadastral documents. Such a definition of an object allows for the smooth alienation of land, since the land survey minimizes the likelihood of violating the boundaries and rights of third parties.
In order to find out whether land surveying of a specific area was carried out, it is enough to study an extract from the Real Estate Register or a cadastral passport (if purchasing a plot before the end of 2020).
If paragraph 16, containing special notes, states “The boundary of the land plot is not established in accordance with the requirements of land legislation,” this indicates that land surveying was not carried out in a timely manner.
Will the borders of European countries be opened for Russians from September 1?
EU authorities announced that from September 1, 2020 they will not open borders to Russian tourists due to the unfavorable sanitary and epidemiological situation in the country. The position of the European Union countries was stated by a representative of one of the EU countries, reported on the website rbc.ru.
Also, on July 15, Serbia and Montenegro were excluded from the list of permitted countries for entry outside the EU, followed by Morocco and Algeria in early August. A total of 10 countries remain: South Korea, Rwanda, New Zealand, Tunisia, Uruguay, Australia, Canada, Japan, Georgia, according to the website of the RenTV channel. There are no plans to add additional states to this list in early September.
At the beginning of September, EU authorities want to again discuss the list of countries that can be allowed entry. The list of countries from which you can travel to the European Union will be updated every 2 weeks.
European countries have voiced a general principle by which decisions will be made on the possibility of foreigners entering the EU.
- The average number of cases in these countries should be lower or the same as in the EU countries.
- There should be no increase in the number of cases; the number of confirmed cases should decline.
Russia does not yet meet these requirements.
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In what case does this situation arise?
A similar situation may arise in the case where the territory under control was not demarcated, since previously the legislation of the Russian Federation allowed for the registration of plots of land without defining their boundaries. Such objects are currently not allowed to participate in transactions.
In addition, the absence of designated extreme points may be due to the registration of ownership of the plot under a simplified procedure in accordance with the “dacha amnesty”. In this case, the property is assigned a conditional number; there are no coordinates of turning points.
Property abroad
Objects of taxation for Russian organizations are movable and immovable property (including property transferred for temporary possession, use, disposal, trust management, contributed to joint activities or received under a concession agreement), accounted for on the balance sheet as fixed assets according to the rules accounting. This is established by paragraph 1 of Article 374 of the Tax Code of the Russian Federation.
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Unaccounted for and previously accounted areas
Among the many land plots that make up the state territory, the largest share is made up of:
- unregistered lands;
- previously recorded areas.
Unregistered lands
Unregistered areas include areas that:
- are not entered into the real estate cadastre in the manner required by law;
- are not registered;
- do not have an assigned number.
These can be both areas that have not previously participated in land relations, as well as previously used lands, information about which was lost in one period or another.
According to paragraph 1 of Art. 37 of the Land Code, only registered plots have the right to participate in commercial and non-commercial transactions . In the absence of data in the real estate cadastre, it will be impossible to carry out such transactions. In addition, neglect of cadastral registration complicates the recognition of the legality of land ownership rights.
In judicial practice, there is a case when a citizen filed a statement of claim, the essence of which was the intention to register ownership of a plot of land received for use by a state farm. After the expiration of the period for which the area was allocated, no extension of use was carried out, and there were no timely requests to local governments for the transfer of property rights. This territory does not appear in the cadastral register; the state farm did not register property rights. Based on this, the court found that there was no basis for marking the boundaries of this site and assigning ownership rights to the plaintiff.
Previously registered lands
The legislation provides for the definition of previously registered areas, which are recognized as:
- In accordance with Art. 69, clause 4 “On state registration of real estate” are those objects whose registration (technical or cadastral) was carried out before the old Cadastre Law came into force.
- Lands for which no registration has been made, but property rights have been registered and a conditional number has been assigned in accordance with the old Cadastre Law. This also includes areas that:
- coordinates of boundary points are missing;
- the accuracy of identifying distinctive points is lower than established;
- the coordinate value does not provide a detailed designation of a particular point due to incomplete data.
In order to avoid problems associated with the operation of areas with undefined boundaries and their turnover, it is necessary to timely register such objects with cadastral registration. This procedure includes:
- Preparation of a package of documents.
- Submission of the completed package to Rosreestr at the location of the land plot.
- Writing an application for the need for land cadastral registration.
When accepting documents, an inventory is drawn up with a mark indicating the date of receipt of the application. The review period takes up to 5 days excluding weekends and holidays.
Find out whether an individual entrepreneur can participate in the Young Family program. How to register in an apartment? The lawyer answers the most popular questions about registration here.
In the case of registering a property, information about which was previously entered into the register, a new extract with cadastral passport data is issued on the basis of the old document.
Cadastral boundaries of houses
Advice from lawyers:
1. Is it possible to dismantle a dilapidated summer kitchen, make a foundation and build a permanent house strictly according to the previous boundaries. Plot of individual housing construction, land surveying has been done, there is a cadastral number for the plot, the kitchen is included in the technical passport. What is the procedure, first we notify the administration about the start of capital construction, we build, then we notify about the completion, we call a BTI engineer, they prepare a new technical passport and then to Rosreestr to make changes to the dock, right?
1.1. If the summer kitchen is shown in the cadastral passport, then before starting the construction procedure you described, you need to carry out the procedure for demolishing this kitchen, make changes to the technical plan, and then build the house.
Did the answer help you?YesNo
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2. I have an apartment in a house for 4 owners with separate entrances to the ground. I would like to register the land under the apartment and the surrounding area as property. The boundaries are not defined, there is no cadastral number. There is no data on the Rosregister plan. Tell me where to start? It has been agreed with the administration of the joint venture.
2.1. The land under the house is the property of the homeowners. Conduct land surveying together and register.
Did the answer help you?YesNo
3. We bought a plot of land, did the surveying, built a house and want to put the house into operation, but while we were building there was a survey from space and the boundaries shifted, our house virtually ended up on our neighbors’ plot, a cadastral engineer took us measurements of the plot and recorded everything on the house disks and sent to the MFC, the MFC was returned due to the boundaries not matching, the cadastral engineer refuses to do anything now, he said that he did everything he could, what should we do, where should we go?
3.1. To the court to establish boundaries for actual use.
Did the answer help you?YesNo
4. I purchased a plot of land in Kislovodsk in 2012. There is a certificate of ownership, surveying was carried out in 2007, there is a survey plan with coordinates of bending points indicating the area. Cadastral number of the plot is 26:34:030202:0039, status previously registered. I am planning to build a garden house, however, the neighbor dismantled the border fence and claims that the border has shifted, although the size of my plot corresponds to the cadastral plan and the boundaries of the previously carried out survey.
4.1. If you cannot reach an agreement, you will have to go to court and prove your rights.
Did the answer help you?YesNo
5. How do I find out the following - I bought a plot of land in Sevastopol, there was a discrepancy between the actual and cadastral boundaries. Because of this, I could not legitimize the house. They said that in 2020 all SNT will be re-measured. How can I find out if the boundaries have been measured and what they are now?
5.1. Regardless of the general boundaries of the SNT, you have the right to establish the exact boundaries of your site. Without a cadastral passport for the plot, the house cannot be registered.
Did the answer help you?YesNo
6. We have a plot in the village. After the death of relatives, no one used it for a long time. It turned out by chance that the neighbors had created cadastral boundaries for themselves along the wall of our house. They don’t have land surveying, they have a cadastral plan. We do not have a cadastral plan, only documents from the village council indicating the size of the plot. Can we get part of our plot back?
6.1. You can. To do this, it is necessary to establish the boundaries of your land plot through the court. To begin, request a cadastral passport for your land plot and your neighbors’ plot through the MFC. From it you will learn how the adjacent border is established, whether the information is current or not. Then you need to order a survey of your land plot according to the actual boundaries and those available in the documents. Land disputes are classified as complex, and you cannot handle these matters without an experienced lawyer.
Did the answer help you?YesNo
7. The fact is that I have a country house in SNT and in 2008 I ordered “Land Management File No. ... for a land plot” with inventory number 3239/08. I handed over a copy to the state data fund, they accepted it and signed it. A cadastral number is available for the land and the house. In 2020, I had a question: why are there no boundaries of my land plot on the cadastral map? If I have documents, the house appears on the map.
7.1. Hello, Eduard Romanovich, first try ordering a cadastral extract and an extract from the Unified State Register of Land Registration for a land plot. And then you need to think depending on what is written in these extracts. The public cadastral map is not accurate at the moment.
Did the answer help you?YesNo
8. There is an old house, one wall of which is the border with the neighboring plot. The house is registered in the cadastral register. The question is whether it is possible to add a second floor to this house or whether it is possible to build a new house on the site of the old one, because... Is it not possible to retreat from the place (border of the plot) where the old house stands due to the narrowness of the land plot?
8.1. Good evening, You need to obtain permission to build a second floor.
Did the answer help you?YesNo
9. The other day, I came home from work. A neighbor came up and said that some person had come and taken measurements of my area along the fence. I purchased a plot of land about 10 years ago and built a house. There are documents for everything, incl. cadastral passport. The neighbors also have documents and the boundaries on the plan have been clarified. I looked on the Internet. Please tell me whether repeated measurements of the site can be made without my consent? What could this mean? There were no conflicts with neighbors. Thank you.
9.1. If there is no conflict with neighbors, then perhaps the local administration conducted a municipal inspection of the use of the land. Especially if it borders on public lands.
Did the answer help you?YesNo
9.2. Hello. Local administration. Install cameras around your home.
Did the answer help you?YesNo
10. The village council demands documents for the house and land, supposedly to mark the border. Is this legal? All documents were done through the registry office and the cadastral engineer.
10.1. Advise the administration to contact the registry office and the cadastral engineer.
Did the answer help you?YesNo
11. When registering the land, the cadastral service did not make land surveys according to the old plan; the boundaries were drawn between our house and the neighbor’s barn, although the barn stood on our land. Did they do the right thing?
11.1. Good evening, please explain how your neighbor's garage was built on your land?
Did the answer help you?YesNo
12. A plot of land was purchased with a cadastral number but without land surveying boundaries. Will I be able to build a house on this plot?
12.1. Good evening. You can use it and build a house, but you must obtain a building permit from the administration, and also that the land plot be registered in the Unified State Register of Real Estate.
Did the answer help you?YesNo
13. On the formed plot with a cadastral number, there is a residential building with an adjacent extension (a residential building with a fenced area), all built in 1998. MK has a cadastral number without border coordinates. The house is managed by the city manager of the company. Should residents of a residential complex maintain the entire territory (including a fenced extension) how to determine the local area? How to order a cadastral passport. At whose expense are these works carried out and by whom?
13.1. Residents maintain only the territory that is included in the common property - land. area under the house. It is larger than the camps of the house. You need to submit an application to the administration for registration of ownership and production of a passport code at the expense of the administration.
Did the answer help you?YesNo
Consultation on your issue
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14. A private house was built less than 3 meters from the neighboring plot; the cadastral engineer incorrectly indicated the boundaries of the plot when surveying.
14.1. Sorry, but I can't read minds?
Did the answer help you?YesNo
15. The house was built in 1998. There is a cadastral map, the house is registered, But the neighboring plot does not have a cadastral map. The owner entered into an inheritance and now it turns out that the built house is closer than 3 meters from the border. Division of the site, How to proceed.
15.1. Unfortunately, boundaries can only be established through the courts. But for the court, through the engineer, set boundaries and a plan. Need help 89149262085 and TD.
Did the answer help you?YesNo
16. The land inspection inspection arrived, checked the documents, there is a difference in the cadastral passport of the house and the cadastral passport of the land. The cadastral passport of the house along with the buildings are marked as it should, since everything is built, the cadastral passport of the land does not have the boundaries of the garage: it goes beyond the boundaries of the fence according to the cadastral passport of the house. Is it possible to do without land surveying? (since the cost is not very pleasant) or somehow resolve the issue based on the cadastral passport of the house?
16.1. Hello. Today there is no such document as a cadastral passport; there is a house plan and an extract from the Unified State Register of Real Estate containing the technical characteristics of the property. It is necessary to survey the area with the possibility of increasing it by 10% of the total area.
Did the answer help you?YesNo
17. Does it make sense to register an adjacent plot of land and land for a 4-apartment building in the private sector. The municipality has permitted the use of land for housing needs. Upon request, the cadastre issued a decision: Due to the identified lack of cadastral information about the coordinates of border points, the issuance of a cadastral passport was refused.
17.1. It's up to you to decide. Knechoo makes sense.
Did the answer help you?YesNo
18. We own a basement located under an apartment building. We have agreed on the entrance to the premises from the façade of the building, the premises have been assigned a cadastral number, and the plan received from the cadastral chamber shows the boundaries of our premises, including the entrance to it. Do we have to pay rent for the land on which the entrance to our premises is located?
18.1. Good afternoon, Mlada! You, as the owner of part of the property, must in any case pay for the land on which the property is located: tax if the land plot is owned, or rent if the land is rented (in proportion to the area of the premises to the entire property). If you are offered to rent an additional plot of land near the entrance to your premises (not included within the boundaries of the land plot on which the property is located and not fenced by you), then this requirement is not legal.
Did the answer help you?YesNo
19. In 1990, under a purchase and sale agreement, a house in a village (land of settlements) was purchased. In 1992, a cadastral number was assigned to the land plot and rights were registered without establishing boundaries. Is it possible to register ownership of a house standing on this plot without land surveying and technical plans by submitting a declaration.
19.1. Galina Petrovna, your property rights were registered a long time ago.
Did the answer help you?YesNo
20. We live and are registered in the SNT, we own the land and the house.. We added a kitchen to the house and wanted to register it, we went to the cadastral office and they said that the house was placed on the land incorrectly according to the papers. We submitted documents to coordinate the boundaries, and to correct the registration error we received a refusal, since the land would be seized for the needs of the state through redemption. How to legalize our kitchen, it is 30 sq. m.? And we also have a dependent son, who has been disabled since childhood. What to do? We have no other housing.
20.1. Hello, file a lawsuit to legalize the unauthorized construction.
Did the answer help you?YesNo
Where to turn in such a situation. A will has been drawn up. There is ownership of the house.
We have a plot of land. Power lines 10 pass through it. According to the plan, we are not allowed to build anything or use this site at all.
Since 1998, I have owned a plot of land of 11 acres, the same land was mentioned in the 2011 cadastral extract,
I'm trying to find out the boundary of a plot of land in an apartment building, but I can't.
We have a private house in common ownership for 3 owners. The land plot of 12 acres on which the house stands is also in common ownership.
Our apartment building does not have a cadastral number. Apartments have them, but houses don’t. And there are no boundaries of the house site. What problems might arise from this?
A private house has a technical passport, cadastral number, boundaries have been established, there is land surveying, there is registration, but the documents do not contain a record of putting the house into operation.
The land under and around the MKD is not demarcated. In the cadastral register there are no boundaries near the house or around it.
On a plot of land under the same cadastral number there are 2 apartment buildings.
I was given a 1/4 share of a land plot with an area of 400 sq.m. and a house standing on it with a total opening area of 107 sq.m.
I have a question. My neighbor and I had a judicial situation; the house was located on my land surveyed territory,
Is it necessary to set boundaries?
Until the end of 2020, it is possible to carry out purchase and sale transactions with land plots that have not previously been surveyed; after the expiration of the allotted period, such an opportunity will not be available. For this reason, it is necessary to take care in advance to determine the boundaries of the property on the ground.
In addition to the possibility of carrying out transactions, land surveying plays an important role:
- in resolving disputes arising between neighbors about the boundaries of adjacent plots;
- ensures the correctness of land tax calculation.
What is a public cadastral map
Let's first define what a cadastral map is. This map contains important background information regarding real estate in the Russian Federation. The map is available for public use.
First of all, you can find on this map information relating to a specific land plot. But here you can only get publicly available information that is in the cadastre of our state. You will find this information on the Rosreestr website (www.rosreestr.ru.) by logging into the “Public Cadastral Map” service.
The reference information you want to receive on your site is always available. That is, the service always has reference information about the plot, the cadastral number assigned to it, its address and size. If you are interested in the cadastral value of a land plot, from which property taxes are calculated, you can also resort to the help of this server.
Rosreestr: public cadastral map.
Is it possible to challenge (reduce) the cadastral value of a land plot yourself? Read here.
How to find out the value of a land plot by cadastral number, read the link:
To find the information you need, you must fill in the search bar with keywords. In our situation, they are the address of the site or its cadastral number. By entering data by number or address, you will have the opportunity not only to find the site on the map, but also to visually examine its outline, its boundaries with neighboring sites.
All information that you receive on this Internet resource is truthful and accurate, but it cannot act as an official document. The information is purely educational and informational in nature.
It turns out that the map we are considering only gives us primary information about the site. That is, we simply find out whether this site is on the map, in which quarter it is located, whether it has official registration or not.
By the way, if you need the cadastral number of the plot, you can also find it on the map. All information that is included in the extract on the land plot is current and absolutely accurate.
What documents are needed
The package of documents for cadastral registration of a real estate property with uncertain boundaries according to the requirements includes:
- original and duplicate passport;
- right supporting documents;
- land survey plan with a signed act on the coordination of boundaries with neighbors;
- if a dispute arises and is resolved, a duplicate of the resolution document;
- a receipt confirming payment of the fee;
- the actual statement.
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Important! When preparing documents in advance, they will require notarization; if originals are provided, copies taken at the time of application do not require certification.
How to set the boundaries of a land plot
The designation of the boundaries of real estate objects is carried out by land surveying, which involves the following stages:
- Selecting a surveying company licensed to carry out work of this nature.
- Providing documents confirming the legal right of the applicant to own the land plot for which land surveying is planned:
- passport;
- extract from the Unified State Register or certificate of ownership;
- the agreement on the basis of which the right arose.
- Notifying neighbors about planned work. This point is of particular importance, since, having learned about the upcoming procedure for delimiting the site from an official source, the neighbors will have to be present during the work to coordinate the boundaries, or, by not appearing, by default confirm the absence of claims.
- Providing a ready-made land surveying plan. Based on this document, an approval act is signed, which confirms the agreement of the owners of adjacent territories with the designated boundaries. The customer is also provided with an act of acceptance and transfer of used boundary markers.
- Information is transferred to the real estate register by an engineer from a geodetic company. Based on the data provided by him, the boundaries of the site are displayed on the cadastral map. The original boundary plan is issued directly to the customer.
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The time frame for completing the boundary delineation service can take from 2 weeks to 2 months, which depends on the response of the owners of neighboring plots . Land surveying is paid separately from state fees provided for registration of land plots.
Closing Russia's borders indefinitely
First, Russia’s borders for entry and exit were closed until May 1, 2020. On April 29, Prime Minister Mikhail Mishustin made a statement that the borders were closed indefinitely, as reported on the website rbc.ru.
From 1 August 2020, international flights resumed for flights to Turkey, Tanzania and the UK. From August 15, flights to Switzerland will resume; holders of a residence permit and national visa D can fly there.
Officially, no one says when the borders of Russia will be opened for the entry and exit of ordinary tourists to other countries.
Add our website page to your social networks and share with your friends on other websites and forums. Here we will provide the latest news from official sources about the opening of borders.
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Statement by V. Matvienko on forecasts of closing the border for one year
On April 24, 2020, Speaker of the Federation Council Valentina Matvienko made a statement on the Russia 24 television channel, in which she said that Russians should not plan trips to European countries in 2020. Borders may not open until spring 2021, she said.
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Forecast about the possible closure of Russian borders for tourists until the end of 2020
Unfortunately, this may be reality and there are several reasons for this.
First of all, a lot will depend on the real situation with the spread of the COVID-19 coronavirus. Valentina Matvienko said live that there is nothing wrong with staying at home for a year. During this time, you will be able to travel around your country and learn better.
- First of all, much will depend on the real situation with the spread of the COVID-19 coronavirus. The disease is spreading quickly, and there are people infected in all countries of the world. Widespread distribution of a COVID-19 vaccine may not occur until fall or winter 2020. Many fear a second wave in the fall of 2020.
- Valentina Matvienko said live that there is nothing wrong with staying at home for a year. During this time, you will be able to travel around your country and learn better.
- Russian tourists very willingly traveled to foreign countries and left more than 25 billion dollars there. Now this money can be left in the country to support and develop Sochi and Crimea. Therefore, in August, only towards the end of the tourist season, flights were allowed only to Turkey, Tanzania and the UK. This will also allow, in conditions of low oil prices, to slightly limit the demand for the dollar and support the ruble. The Russian economy, which is more than 50 percent dependent on oil and gas prices, benefits from people staying at home and spending money in Russia rather than taking it abroad.
- Many European countries are opening or have not closed borders under pressure from lawsuits and appeals to the courts by companies and individuals, as this violates their constitutional rights to free movement and movement according to the law. In Russia they will not pay attention to this. In previous years, there were already some categories of people who were prohibited from traveling abroad. This concerned the military, employees of the Ministry of Internal Affairs, employees of defense enterprises, who were prohibited or strongly discouraged from traveling to European EU countries and many other states.
- Unlike many other countries, external tourism is not very developed and does not provide significant income to the budget. Russian tourists take out more money than foreign tourists bring in.
- They may begin to open borders first with those countries with which it is beneficial for Russia to maintain good relations: CIS countries, Turkey, China, Vietnam, Thailand. For example, this is well illustrated by the list of countries where employees of the Ministry of Internal Affairs were allowed to travel in 2020, before the spread of coronavirus.
What could make possible a faster opening of borders?
- Production and availability for the majority of the population of an effective vaccine against coronavirus.
- All airlines, airports and travel companies may suffer and go bankrupt. In order to somehow save them, Turkey was opened.
- A ban on free citizens traveling abroad for a long period of time, if the situation with the coronavirus pandemic returns to normal, most likely will not add votes in support of the current government.
It is also always important and necessary to consider whether the borders with Europe and other countries will be open for Russians in 2020. It may turn out that there is simply nowhere to go. Here we publish countries that have opened their borders to Russians after the coronavirus.
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What to do if disputes arise with neighbors
Often, uncertain boundaries of land plots become a stumbling block when agreeing on these parameters with neighbors. Land surveying allows you to prevent this problem, because if it comes to judicial debate, the court’s decision will be based primarily on the fact that the characteristic points have been designated, because they can be used to track possible violations of the rights of third parties.
Find out where to start legalizing redevelopment. How to register a plot of land as a property? Instructions follow the link.
Read all about the extract from the Unified State Register of Real Estate on the transfer of rights to a property in the article.
In the event that a dispute arises during which it is not possible to resolve peacefully the placement of a fence separating the plots, it is necessary:
- Contact the authorized bodies with a request to carry out land surveying.
- To respect the interests of all parties interested in how the territory will be correctly demarcated, all neighbors are notified in writing before the event. On the appointed day they must be present at the site.
- If the notification has been repeatedly ignored, land surveying is allowed in the absence of a third party.
- If there are further claims and disagreement with the results, neighbors have the right to go to court with documents confirming the right of ownership of the site and other certificates confirming the boundaries and legality of use of the territory.
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“The boundary of the land plot has not been established” - what does this mean and what are the consequences?
Before registering his property with the cadastral register, the owner of the land plot must provide the authorized body with a whole package of documents. One of the important annexes to the application for land registration is the act of coordinating land boundaries with other land users. This document is drawn up during survey measurements. However, there are cases when, due to the carelessness of landowners or cadastral engineers, this act is overlooked. As a result of the oversight, the land plot remains without properly formalized boundaries.
In such cases, encroachments on a person’s property by unscrupulous neighbors are possible. In addition, a plot of land without established boundaries may also be of interest to third parties, who may take advantage of the situation and begin work on supposedly “ownerless” land. Be that as it may, the owner has the right in each case to go to court to protect his rights.
As indicated by Federal Law No. 221 of July 24, 2007, information in title documents for real estate is the main means for regulating the boundaries of a land plot . Selling a plot without boundaries, due to the high likelihood of disputes over ownership, is particularly difficult. If, therefore, the cadastral passport of the property states that the boundaries of the property are not established, the issue of land surveying should be immediately resolved.
