On the need to survey a garden plot if there is a cadastral number
Carrying out land surveying is a fairly expensive procedure.
It is for this reason that many owners are interested in why land surveying should be done at all if the plot is registered in the cadastre, and moreover, if it has a cadastral passport. Why is land surveying necessary if it has a number in the register? In accordance with the Land Code, upon receiving a document on ownership of a land plot and drawing up a cadastral document for it, a citizen must begin to establish the specific boundaries of the plot.
Can a cadastral number be assigned to a land plot without a boundary plan?
If the owner has land with an old cadastral passport, then he can independently or with a specialist determine whether it complies with legal requirements; Is it necessary to carry out land surveying if there is already a cadastral passport.
Strong arguments in favor of land surveying:
- the opportunity to increase the area of your plot.
- the ability to dispose of land at your own discretion;
- the opportunity to isolate one’s own from the claims of the owners of adjacent territories;
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The negative aspects of separating a plot include: Even if you have a cadastral passport, carry out land surveying before 2019 in order to become the full owner of the land and be able to dispose of it.
How to obtain a cadastral passport of a land plot
A cadastral passport is a document that contains official data about a specific property. It is necessary if they plan to sell, donate, or make other transactions with the land plot. It is very easy to obtain this document if the property is already registered and has its own cadastral number.
Without the survey procedure, it is impossible to register the land and obtain a cadastral passport. It is not enough to put up a fence and enclose your property; you must legally confirm its boundaries. This procedure is carried out by specialized non-state companies. It is very difficult to carry out land surveying on your own.
Is there a land survey: how to find out via the Internet and other methods
- Let's use the official resource. A map of the Russian Federation opens before us. At the top left we see a column with different icons; to start the search you need to select the icon with a magnifying glass on it. Next to it there is a window in which “Land” is indicated, scroll through and find “Borders”.
- Now go to the input window and write the address or cadastral number.
- After entering the address, a tab will open with information about the land plot, including the cadastral plan.
- To familiarize yourself with it in detail, there will be an icon at the bottom of the tab; clicking on it will take you to viewing. If the site has not undergone land surveying, there will be no plan for it, and the brief information about the allotment will not indicate the name of the cadastral engineer who was responsible for determining the boundaries (you can find out how this procedure is carried out here).
- application number;
- payment code;
- code at the end of the letter.
- Please note that the payment link will be at the end of the received email. By clicking on this link you will be taken to the “Check Request Status” page. On this page, enter the payment code from the email.
- Next, you will be taken to the payment page, where you need to select the appropriate payment method. There are such options as: payment terminal, bank card, QIWI wallet.
- Pay for the electronic version 50 rubles for individuals, 300 rubles for legal entities.
- Expect 5-10 days to receive your statement.
If the site is owned, does it need to be re-landmarked?
On the site there is a store building, which is also owned. Please explain to me, I just don’t understand something about this. I understand that if the land is in dachas, there are close neighbors, it must be legalized and surveyed. But the store is located separately from residential buildings, far from other stores, and the area of land has long been known and owned for a long time. Land surveying is a very expensive pleasure for us! Thank you in advance.
Land surveying Carry out cadastral work to determine the boundaries of public land plots, as well as the local area. We will redefine and clarify the boundaries of the land plot with the formation of a boundary plan and cadastral registration. Registration period is 1 month
.
Registration of real estate for cadastral registration
If you are not going to conduct transactions, but only use it, then you don’t have to receive a cadastral passport for the building. But, if you want to inherit, give or sell a house, you need to register the house with the State Real Estate Register.
If a citizen intends to dispose of his property fully and legally, it must first be registered with the cadastral register. This is done to ensure that the status of the property is accurately determined. To do this, it is necessary to create a package of documents, which can take a lot of time if prepared independently; the time frame for registering a land plot with cadastral registration does not exceed 10 working days. The same time is established for other types of real estate. Cadastral registration of property is no less important than registration of property rights. Without it, you will not be able to carry out a single transaction, so you need to be very careful about this procedure.
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Features of land surveying in SNT with a cadastral number
- Passport . You will need identification of the owner in whose name the plot is registered. He can be replaced by a representative for whom a power of attorney certified by a notary has been issued.
- Certificate of ownership of a plot in SNT or an extract from the Unified State Register of Real Estate. If the land is not owned, but any document is needed on the allocation of the plot to a person for indefinite use.
- Any technical documentation for the site.
- Statement . Filled out on the letterhead of the organization or written randomly by hand.
- Disputes with neighbors regarding boundaries . The situation is aggravated in the case when a cadastral engineer has already visited adjacent areas. In reality, the owner may not have the size of the plot that was stated upon receipt. Not everyone measured their plots, but were guided by the boundary, which could not accurately reflect the area of the allotment.
- Sale of land . It is unlikely that the buyer will want to receive a plot on which the coordinates of the boundaries are not clearly marked. Everyone knows how quickly neighbors' fences appear and the property can become much smaller than what you bought.
- Donation and bequest . It is preferable to first do the surveying and then complete the paperwork.
- The need to erect buildings or fences . By calling a surveyor who will accurately determine the boundaries, you will be calm that you will not violate the law or someone else’s border.
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Land surveying and cadastral passport: what and how
Then a surveying company or a private engineer licensed to conduct land surveying conducts a horizontal survey of the actual boundaries of the site, creates its topographic plan, determines the exact location of boundary markers, etc.
d.Once the boundaries are determined, they must be agreed upon with the local administration and your neighbors. If we are talking about a garden partnership or a dacha cooperative, then all their members must be notified, since these lands are often registered as joint ownership. The easiest way is to send a notice by registered mail, in which you ask them to come to survey the land and agree on the boundaries. The final stage is the collection and submission of documents to the local Cadastral Chamber.
You need to prepare a passport and its copy, a certificate of ownership of the plot, a boundary plan, an administration resolution on the provision of the plot, an extract from the household register of the local administration, as well as a receipt for payment of the state duty.
Is land surveying required when selling?
Therefore, many potential buyers avoid such areas. This is the reason why land surveying is mandatory. Moreover, in 2020 a decree will be introduced according to which the sale and purchase of plots without a completed procedure will be considered illegal.
One of the striking examples of areas that did not go through the land surveying process are those garden lands that are registered in accordance with the “Dacha Amnesty”. Such areas have all the necessary documents, but in the boundary column there is a note indicating that they have not been established. The purchase and sale of such plots is permitted by law until 2020.
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Land surveying and cadastral work in Russia
Important
There are a number of reasons why land surveying is necessary:
- registration of land in your own possession;
- precise determination of the boundaries of the land plot;
- in case of redistribution of the site: division and merger.
Have you decided to delineate the plots? Remember that the surveying procedure is carried out for a fee! Find out about the possibility of a free event at the expense of the municipality. And also the nuances of determining the cost of cadastral work! Is it necessary to make a distinction if you have a cadastral passport? First, let's define the cadastral passport. Some people believe that land surveying implies a cadastral passport.
In reality this is not the case. A cadastral passport means a paper that contains the owner’s full name, plot number and other information regarding the plot.
How to survey a garden plot
- Moscow: +7(499)350-6630.
- St. Petersburg: +7(812)309-3667.
- Collection of necessary documents;
- Coordination of allotment boundaries with the owners of neighboring plots;
- Selecting a contractor company performing cadastral work;
- Agreeing with the selected company on the timing of the work and its cost;
- Signing a survey agreement with the contractor;
- Carrying out measuring and calculation work on the territory of the allotment by a cadastral engineer;
- Processing measurement results and drawing up a draft land survey plan;
- Coordination of the draft land survey plan with the customer and neighboring landowners;
- Coordination of the draft boundary plan with the SNT administration and the cadastral chamber;
- Registration and receipt by the customer of a boundary plan.
According to paragraph 3 of Art. 39 of the Federal Law “On Cadastral Activities”, land surveying can be carried out not only by the owners and tenants of this plot, but also by those using it by the right of free permanent use or lifelong inheritable possession.
How to register land in the cadastral register
According to Federal Law No. 221, you will be denied legalization of additional territory if its area exceeds 10% of the area of the site to which it is attached, as well as if the size of the newly formed site exceeds the maximum established in your region. Under other conditions, legalization of extra acres is possible only by court order.
The first step is to obtain cadastral extracts from the regional cadastral chamber and the users of neighboring plots. Check if your neighbors have any complaints against you regarding the unauthorized seizure of their territory. You will need extracts from the cadastre in the future - on their basis, a land survey file is drawn up.
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Is land surveying necessary if there is a cadastral number?
The situation is slightly different if the easement extends only to part of the land plot. In this case, it is not enough to demarcate the area. It is necessary to highlight within it those parts that are subject to the encumbrance. In practice, cadastral work under an easement looks like this:
- Availability of license and permission. You can check it on the Rosreestr website. It contains all the information about licensed specialists. You will be able to track not only the availability of a license, but also the contractor’s past professional experience and the number of refusals. It should be noted that a mistake made by a cadastral engineer will lead to many problems, so information about experience is more important than any recommendations and reviews.
- Pricing transparency. It is not difficult to imagine a situation where, at a preliminary consultation, the customer is told one cost of work, and during its implementation it unexpectedly increases. If there is a possibility of such a price increase, it should be reflected in the contract.
- Technical equipment. Surveying includes the field stage, during which the surveyor takes a survey and determines the coordinates of turning points. Of course, no one measures boundaries using a tape measure; geodetic equipment is used for this. It is good if the contractor has his own equipment. This will help reduce the cost of work and also provide a guarantee that the devices undergo mandatory periodic inspection.
Is it necessary to define boundaries if there is a document?
Is measurement necessary if there is a state document and in what sequence is it carried out:
- Gathering information about the history of the area of interest. You will need its original coordinates, information about the owners of neighboring plots, and the history of the transfer of ownership.
- Drawing up a project for conducting field research. It is made in the form of a diagram on which the boundaries of the plot of interest to the citizen are drawn as accurately as possible.
- Drawing up a survey act. All persons whose interests may be affected during the revision of the site configuration are involved in this event. The result of this event is the designation of the boundaries of plots on the ground and the recording of this fact by the cadastral engineer in the relevant documents.
- Conducting geodetic surveys. Determination of the exact coordinates and turning points of each plot. Calculating the area of land plots.
- Drawing up a detailed diagram of the property indicating the smallest nuances.
- Registration of land surveying. All papers completed during the research process, starting with the act, are filed in it. If disagreements arise during the approval process, the protests are formalized in writing and attached to the rest of the documents.
The closed case is submitted to the appropriate department of Rosreestr, where, based on the measurements taken, a cadastral document is drawn up, which is issued to the owner and indicates that the plot is registered and has the correct coordinates. Having the document and the file in hand, you need to contact the Registration Chamber. After checking their authenticity, the owner of the plot receives back the document, deed and certificate of land ownership.
What documents are issued after land surveying?
The above authorities have sample applications that you can use. If you are preparing a document in advance, bring it with you and provide it along with the original documents. After verification, the employee of the competent authority leaves copies of them.
However, today government authorities have decided to expand the tax base with the help of land plots, as well as reduce the number of objects that are not taken into account. Next, we will consider the question of what papers are provided based on the results of cadastral work and what actions need to be performed with them.
What will happen if land surveying is not done before 2020
Previously, cadastral work was not required to place plots on the register. These areas are considered previously taken into account. Therefore, the owners of these plots will be issued instructions on the need to carry out cadastral work, the so-called land surveying, as a result of which the exact location of all boundaries of the plot and the correct size of the area will be established.
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Before proceeding with the land surveying procedure, the owner should provide identification documents, usually a civil passport, as well as documents that indicate the right to own the land plot. Such documents can be contracts of sale, donation, documents confirming inheritance.
Is land surveying necessary if you have a cadastral passport?
Land surveying is beneficial for every owner. After all, if this procedure is not carried out, the owner of the memory will not have the opportunity to fully manage it. And the potential owner of this land plot, who wants to buy or rent it, will not receive this opportunity until the boundaries are determined.
- Collection of necessary documents. It is imperative to prepare a document on ownership, a purchase and sale agreement or deed of gift, the owner’s passport or a power of attorney (if a representative is acting).
- Selecting a company that will carry out land surveying and concluding an agreement with it. The work can also be carried out by a separate individual entrepreneur represented by a cadastral manager. It is important that he has a license.
- Direct implementation of land surveying. First, they receive information about the property, review documents, and analyze neighbors’ addresses.
- Then a boundary project is created. Owners of adjacent properties are notified that work will be carried out. Next, they carry out work on the site - they determine the boundaries of the territory, and receive an act of approval of the boundaries with the neighboring land plots. Then they conduct a survey, determine the coordinates of boundary markers, calculate the area, and create a drawing with boundaries.
- Based on the data received, a boundary plan is created. It is compiled in paper form, secured with the signature of the working engineer and the company seal. A digital signature is used to sign the electronic version of the plan.
- Next, the owner needs to contact Rosreestr to submit the drawn up boundary plan. This can be done using mail or the Internet.
Cadastre and land surveying - what's the difference?
Government of the Russian Federation No. 2236-r. It must be carried out in accordance with the requirements and in sequence in accordance with Federal Law No. 78 “On Land Management”. The main thing is not to delay this and do it in the near future, since then it will take much longer. Don't like bureaucratic procedures? Don't want to stand in line, but need to get a cadastral passport? There is an exit! Order it online! The Boundary Setting Process
- Before surveying begins, information about the land allotment is studied in detail and systematized.
- After this, the surveyor goes to your site with the following purposes:
- determine the condition of the boundary signs;
- explore points of the boundary network;
- determine the exact boundaries of the plot.
- After this, a meeting of neighbors is held to agree on the established boundaries.
Checking the presence of land surveying by cadastral number - all the details of the procedure
The process of land surveying is the definition and formal consolidation of the boundaries of the land plot. These actions are aimed at recording the area and exact location of the site. One of the main features of this procedure is that it is carried out by specialized entities. Determining boundaries with a neighbor relative to a summer cottage nearby, for example, is not a land surveying procedure. The latter is carried out by specialists who have the appropriate license, using special equipment (for example, geodetic surveying can be used, which accurately and correctly determines the area and boundaries).
- The “Special Marks” section of the Unified State Register shows whether clear boundaries of the site have been established (if they are established, it means that land surveying has been carried out).
- The register must indicate the exact area of land in the case where it was established (if this value is missing, the procedure was not carried out).
- Section KV6 of the cadastral plan indicates the turning points of the site (if there are none, the land has not been surveyed).
The procedure for registering a land plot without land surveying
Registration without land surveying is a significant saving of time and money. You don’t have to contact a geodetic company and pay for an engineer’s services. You can dispose of the land as you wish. But the boundaries will not be clearly defined, which means there will remain a threat to the integrity of your site.
For land plot owners, the pressing question is how to register a land plot without land surveying. Indeed, without land surveying, you can include land in the State Real Estate Cadastre. But not all owners are granted this right. There are cases when it will be impossible to do without the services of a geodetic company.