Disputes during land surveying

Moreover, from a legal point of view, the importance of this process increases daily. Even if a few years ago district courts could “turn a blind eye” to the lack of land survey documents, nowadays cadastral passports and land survey plans must always be presented.

In fact, this procedure is very important and, moreover, can make your life easier by helping you avoid possible problems and disagreements with your neighbors. After all, quite often such “misunderstandings” arise precisely because of land grievances of one of the parties.

Therefore, in order to defend the property that belongs to you, you need to determine the boundary of the site in time, as well as complete the appropriate documentation. This is the only way you can count on a positive outcome of the dispute and secure the land that belongs to you (of course, if the disagreements cannot be resolved peacefully, but will be considered in court).

And so, let's step by step deal with the questions that probably worry those who are faced with a similar unpleasant situation.

What it is?

In order to figure out what needs to be done and how, and also to clarify all the nuances of disputes with neighbors in the area, you first need to understand what land surveying is, who does it, and how it should be carried out correctly.

Land surveying is a certain series of works during which the boundaries and area of ​​a certain area are found, restored and secured, for which geodetic work is ordered when surveying land plots. After which the (legal) registration of these indicators is carried out. This procedure has the right to be carried out exclusively by a geodetic organization that has a license that allows it to carry out engineering and geodetic activities.

But it is worth noting that during work on land plots (cadastral records), violations of various kinds can often occur. For example, this may be a violation of boundary coordination, an incorrectly defined area, etc. It is important to note that Article 64 of the Land Code of the Russian Federation does not have an accurate description of the term “Land dispute”.

Land Code of the Russian Federation, Chapter IX, Article 64:

And in general, even with a great desire, you will not be able to find a definition of this name anywhere. In addition, the difference between a land dispute and other types of disputes is not defined... For example, you can find the meaning of a property dispute in any legal book or on websites on the Internet.

In addition, if you believe reliable sources , legal experts do not at all classify disputes regarding the boundaries of land plots as legal disagreements. Adjacent owners of certain “pieces” of land very rarely challenge a neighbor’s right to land plots, and often the cause of the dispute is the very location of the boundaries between your and your neighbor’s land.

The main thing is not to forget that a dispute regarding the boundaries of the land plot can in no case be a reason for you to be refused registration of your rights to the plot.

Naturally, each of us who finds ourselves in such situations would like to resolve the dispute peacefully, without delving into legal proceedings, but is this possible?

The answer is simple: naturally.

Since the main reason for disagreements is the reluctance to meet the other side halfway , guided by one’s ambitions. But there are also situations when a neighbor simply does not want to delve into the issue of a peaceful resolution of the dispute.

Therefore, if you cannot solve the problem peacefully, like a neighbor, then the best and correct thing you can do is contact a cadastral service engineer, who, in turn, will produce a new and more accurate boundary plan, after which it will be entered into the State real estate cadastre.

But, if the dispute is still not settled, then the only thing that depends on you at the initial stage of the decision is to go to court.

How to challenge a neighbor's land survey

Land owners usually order boundary work to establish or clarify existing boundaries of their plots. Ideally, the final boundary plan should be agreed upon with all adjacent neighbors. But in practice this does not always happen.

What to do if a neighbor made a land survey, the results of which contradict the interests of the owners of adjacent plots? Challenge it, because the law allows the cancellation of results. We will tell you how to challenge the demarcation of a neighbor’s land plot, competently draw up and file a claim to get your hundred square meters back.

This article will help landowners achieve justice.

Grounds for challenging illegal land surveying in court

Before starting a lawsuit, you need to establish whether there are legal grounds for this. The arguments “I don’t like it and that’s it” are not suitable. The disputed results must violate the rights of the applicant, otherwise the court will refuse him. This is confirmed by numerous judicial practices on land surveying.

You can make a claim to invalidate a land survey if there are one of the following grounds::

• The land boundaries established during boundary work violate the boundaries of neighboring plots, as if superimposed on them, reducing or increasing their area;
• The boundary documents and the information entered on their basis into the real estate register contain an error (the number or area of ​​the plot is incorrectly indicated, etc.);
• During the procedure, neighbors were not invited to agree on boundaries. Not all neighbors signed the land surveying act, and the results of the work violate their rights (for example, the fence was moved).
• A specialist who does not have the right to do this was invited to carry out the work. By law, this must be a cadastral engineer - a member of the SRO. If the plots were not surveyed by an authorized specialist, you will not have to go to court. In the registry office, most likely, the documents prepared by him simply will not be accepted for registration and inclusion in the cadastre. Where land surveying is done, read more here.

If the cadastral specialist competently carried out land surveying without violating the boundaries of neighboring plots, then the mere fact of failure to notify neighbors will not cause the cancellation of its results. The validity of this conclusion was confirmed by the Supreme Court of Russia.

Of course, situations can be much more diverse than those listed. But in any case, illegal land surveying can be canceled if its results violate the rights of the complainant.

How to challenge and invalidate the results of land surveying?

If there is a legal basis for canceling the results of survey work, you should prepare to submit an application. If you doubt your abilities, it is better to contact a lawyer specializing in land issues. Are you confident? Then start challenging yourself.

Stages

In order for the court to grant invalid status, it is necessary to act as follows::

1. Preparation for the process, including the collection of all papers proving the stated claim. You can obtain testimony from witnesses about where the actual boundaries are.
2. Writing a statement of claim and drawing up attachments (in the number of copies according to the number of all persons participating in the case and for the court).
3. Payment of state duty. The requirement to invalidate the land survey is considered non-property. A fee is paid for it: citizens - 300 rubles, organizations - 6 thousand rubles. If in addition the plaintiff asks to exclude information from the register, establish the boundaries of the site, etc., he will have to pay an additional 300 rubles for each request.
4. Filing a claim to cancel the results of survey work to the office.
5. Direct trial. During the process, the court will interview the parties, check the boundaries according to title and boundary documents, and, if necessary, order an examination to establish the true boundaries of the lands. The judge can even hold an on-site meeting and look at the area where these boundaries lie.
6. If the applicant's rights were indeed violated, the court will make a positive decision on the claim.

Documentation

For the trial you will need to collect:

• All title documents for the applicant’s plot : primary land allotment papers, administration decisions on provision, purchase or lease agreements, certificates of membership in SNT, etc.;
• Written evidence of the illegality of the procedure and violation of the plaintiff’s rights : land survey plan and other plans with plot boundaries, layouts of real estate on them, land management materials, etc.

Statement of claim to invalidate the survey results

The claim has three parts: introductory, descriptive and operative..

• The introductory (“header”) contains the details of the plaintiff and all defendants (full names and addresses). The defendant will be the neighbor who carried out the survey, as well as the registry chamber (if the survey results are included in the cadastre). The rest of the adjacent neighbors need to be involved in the case as third parties.
• The narrative should set out all the circumstances of the case: on what basis you own the land, when and how the disputed land survey was carried out, why it is illegal (preferably with reference to the law). It is imperative to indicate what evidence you have and attach copies of it to the application.
• The operative part contains a specific requirement: to recognize the land survey as invalid and additionally (depending on the situation) to exclude information from the register, to establish the boundaries of the plots, etc.

How should the defendant act if he does not agree with the plaintiff?

Having received a statement of claim to cancel the survey results, the defendant must formulate a legal position on the case and formalize it in the form of a written document.

It is imperative to prepare for the meeting all documents proving that the disputed land survey is legal and does not violate anyone’s rights.

Filing an objection to a land survey claim

The objection is drawn up similarly to the claim:

• "header" with case number,
• description of all objections with evidence and links to articles of law;
• resolution - “I ask you to refuse the claim.”

It will be useful to check whether the plaintiff has missed the statute of limitations for going to court - three years from the moment he learned about the land survey.

Arbitrage practice

Supreme Court Guiding Clarifications:

1. Land surveying can be canceled if it violates the rights of the applicant or creates obstacles to the use of the land;
2. The true border is determined by the title documents, and if there are none, by the original documents on the location of these borders.

A lawyer talks about the specifics of challenging the boundaries of land plots:

Land survey disputes are varied, and life sometimes presents unusual situations and conflicts. The main thing you should know: if the land survey violates your rights, it can and should be canceled in court.

How much does it cost to register a plot of land as your property? Read this article of ours.

For additional information on this issue, please refer to the “Landing” section at this link.

Source: https://napravah.com/zemlya/mezhevanie/uchastka-kak-osporit.html

Popular reasons for disagreement

Most often, conflicts arise among neighbors when adjacent boundaries or coordinates of a land plot are incorrectly established. Practice shows that incorrectly established boundaries are usually identified when attempting to process documents with Rosreestr authorities.

The location of characteristic points of a land plot often changes due to violation of legislative norms regarding land surveying.

An unscrupulous neighbor may have the intention to hide the fact of an upcoming event from other interested parties or falsify the signatures included in the sample act of recognition of property boundaries.

A claim may be made regarding the recognition of the location of characteristic points of a land plot as incorrect even if the territory was transferred into ownership under a dacha amnesty. This means that in the process of completing the documents, the future owner did not carry out land surveying of his possessions, which is incorrect and dangerous.

Incorrectly specified data sometimes occurs when an employee of the Cadastral Chamber makes a technical error. It is a consequence of the human factor. Problems also arise when surveying work is carried out by incompetent specialists, so measurements of a land plot can only be trusted to professionals.

When legal proceedings are inevitable, it is important to collect the maximum number of certificates and official documents to substantiate the claim and confirm the presence of incorrectly executed papers.

When considering a claim, the court often additionally orders a land management examination. This event allows us to establish the true state of affairs.

The judicial system places responsibility for land surveying on the basis of false information on the owner of the territory.

Documentary confirmation

The area and outline of each land plot must be reflected in the land survey. This document is a sample for adding individual ownership data to the Unified State Register and assigning it an original cadastral number. You can peacefully resolve the issue of land surveying and not file a lawsuit if a competent cadastral engineer is responsible for carrying out the procedure.

Note! You can trust land surveying work exclusively to professional cadastral engineers.

Illegal land surveying can be determined by a missing or forged act recognizing the characteristic points of the object.

The sample must include the signatures of all persons who are concerned about the outcome of the process. An illegal event is held without the participation of neighbors or their representatives.

A representative can be considered a citizen who has a valid notarized power of attorney from the owner of the land.

Before carrying out land surveying, the initiator of the procedure must notify neighbors at least seven days before the start of work. The sample notification can only be sent in writing. If it was not possible to peacefully resolve disagreements regarding the recognition of land surveying as illegal, then the court must obtain evidence of compliance with the above norms.

What interested parties, in addition to the neighbor, must sign the sample deed recognizing the contours of the land? This applies to a representative of local authorities, a cadastral engineer and the owner of the territory himself.

When all the measurements have been made, the cadastral engineer prepares a boundary plan and marks the outlines of the property with special pegs with individual numbers. The owner of the land plot receives boundary signs for safekeeping and cannot transfer landmarks without permission.

Any attempts to deviate from the boundary plan are grounds for recognizing the boundaries of the allotment as invalid.

Disputing the results

If the owner of a neighboring land plot has questions regarding the land survey carried out and is not satisfied with the results obtained, an appropriate entry must be made in the sample boundary approval act. All objections must be in writing so that they can be resolved.

According to current legislation, there is no need to be afraid of the silence of neighbors when establishing the boundaries of the territory. If interested parties have not expressed their claims on time, the characteristic points of the allotment are considered as a model and accepted as officially agreed upon.

Often, a statement of claim to invalidate the results of the procedure is later filed by the owners of abandoned plots. What to do to prevent such situations? If there are neighboring abandoned areas, you can publish information about the upcoming land survey in local media.

A sample text can be obtained from your local administration.

Note! If your land is adjacent to an abandoned property, you can notify its owners about calling a cadastral engineer through the media.

To prevent land surveying from being declared illegal, it is enough to wait 30 days from the date of notification to neighbors through the media. At the end of this period, all necessary measures can be carried out to identify characteristic points of the earth. If in the future the neighbors file a statement of claim with a request to invalidate the survey results, you will have strong evidence that you are right.

Progress of the proceedings

Before filing a claim and declaring the survey results invalid, one important point must be taken into account. It is necessary to understand whether land ownership exists.

If the neighbors with whom the conflict has arisen have title documents for the territory, then the statement of claim cannot contain a request to deregister their plot of land with the Cadastral Chamber.

Most often, the statement of claim includes a request to restore the situation before the error occurred.

When a newly allocated territory is registered, in the event of a cadastral error, the owner of the previously allocated property can file a claim demanding that the new plot be removed from the cadastral register and the previous boundaries of land ownership restored. The claim is filled out using a standard form.

When considering the grounds for satisfying the requirements for declaring land surveying illegal, the court will take the side of the one who was the first to register ownership of the land and the boundaries of ownership on the basis of the land survey plan.

Tricks of unscrupulous neighbors

Lawyers assure that any illegal land surveying must be challenged through legal action. When considering a claim, the government representative is guided by the provided title documents.

When it comes to an error occurring due to an incorrectly prepared boundary plan, it is necessary to file a complaint against the actions of the cadastral engineer with the Rosreestr authorities. In a judicial body, demands to recognize established boundaries as invalid are satisfied if a claim is filed to correct a technical error. Its sample is publicly available.

Note! The claim must be drawn up based on the results of new cadastral works.

New measurements need to be made to restore the boundaries of the territory from the master plan.

A boundary plan may be invalidated if:

• lack of proper notification of interested parties about the upcoming land survey;
• providing neighbors with false information about the location of property boundaries;
• falsification of signatures in the Border Coordination Act.

The statement of claim must be submitted to the district court at the location of the disputed territory. The servant of Themis carefully studies the claim and evaluates:

• availability of title documents for the object;
• compliance of information in documents with data from cadastral passports and boundary plans;
• the period of existence of the fence separating neighboring plots.

When considering a claim, a judge may find that the fence has been in place for more than 15 years. In such a situation, the claim to declare the land survey illegal is not satisfied, and the location of the fence is considered a line dividing the territories.

Source: https://geografsp.ru/kak-osporit-mezhevanie-zemelnogo-uchastka-soseda/

Boundaries violated

Such violations are not uncommon in the practice of Russian courts dealing with land legal relations. As sad as it may be, none of us are immune from being involved in court proceedings, which could result in neighbors violating the boundaries of our property.

Therefore, in order to easily repel violators, it is necessary that the documents are always in order (especially the documentation that confirms the boundaries of your site). From time immemorial, it was the dispute over land that was the cause of quarrels, which often led to military action.

But, fortunately, today we do not need weapons to “victory”, and all we need to “arm ourselves with” is knowledge of our rights.

Therefore, below are the actions that you need to perform for a positive outcome of “your war”, and so:

• first of all, you should contact a lawyer , who, in turn, will fully inform you about the current methods of solving the problem, and will also introduce you to the necessary actions on both your and his part. Do not think that you can get by without legal assistance, since you have one problem - that you are not happy with the actions of your neighbors, and especially with the boundaries established on your land plot. And solving this issue in a competent way and at minimal cost can cost you a lot;
• start opening a court case, that is, draw up and file a lawsuit regarding the violated boundaries of your land. The process can begin immediately after you enter into a legal assistance agreement, which provides for your unquestioning compliance with absolutely all points specified in the document, after which you confirm that you agree to judicial intervention.
  At this stage, your actions are completed and your lawyer enters into the process of resolving the conflict.

  Moreover, you have the right not to take part in the trial at all;

• the final stage is the so-called “Organization of enforcement proceedings” . Although in most cases it is not needed. Since, for the most part, legal assistance is provided through the preparation of documentation for land ownership. But for this procedure you will need to enter into a new contract.

Challenging land surveying: judicial practice, neighbor

Hello! My name is Evgenia, I am an economist by education and a linguist by vocation. I am the editor-in-chief of the SocLgoty.ru project. I have 11 years of experience working in various publications.

Hello, our dear readers! The topic of the current article is challenging the land surveying and the solutions provided by judicial practice. Let's look at common causes of conflict.

How to react to them and where to turn? Who can cancel the results and are there any precedents in judicial practice. We will try to sort out all the questions in this material.

Causes of the conflict

Disputes are a common occurrence that arises at the land surveying stage. The owner may not agree with the measurement results. It also happens that neighbors are not satisfied with the provided markings. And sometimes, the cause of disagreement is the customer’s action in his own interests, without involving the owners of the intervening plots in the process.

Judicial practice proves that squatting of territory results in a fine for the violator. An exception will be cases of bona fide ownership of the plot for 15 years, during which no disputes or claims arose.

Popular mistakes:

1. Land surveying without the consent of neighbors. According to legal requirements, the customer must notify the owners of neighboring plots no later than a month before the start of work. Afterwards, all interested parties sign the act, thereby agreeing with the results obtained.
2. Engineer violations. Due to incorrect measurements, the following consequences arise:

• inaccuracies in marking contours;
• boundary inconsistency;
• layering the contours of the site onto the boundaries of buildings.

1. Identification of errors in documentation that generate such errors:

• the imposition of one territory on a neighboring plot;
• crossing the boundaries of neighboring properties;
• inconsistency of the site with the stated purpose;
• other inconsistencies that will be stated in the text and cartographic part.

1. Seizure of territory. The situation may occur due to an inaccurate analysis of the stated information or unreliability of the information provided.
2. The surveying was carried out by a specialist who does not have a license to perform such activities. The results will be invalid.
3. Forgery of participants' signatures, other violations of the approval procedure.

On a note!

If the neighbor’s plot is marked off, information about the plot is available on the public cadastral map, then their consent to the procedure will not be required. Otherwise, land surveying takes place only if there are no claims.

Basic moments

In this chapter we will discuss how to cancel land surveying. You can achieve what you want by performing several stages. This is the stage of pre-trial settlement of the issue and the trial.

Administrative regulation consists of the following stages:

• contacting the engineer providing the service;
• collection of documentation that can confirm non-compliance;
• filing an application on the essence of the problem with a request to eliminate the discrepancy;
• submitting a package of documents with an application to the cadastral chamber;
• receiving a response within 15 days.

Important!

In most cases, inconsistencies are resolved administratively by amending the existing plan.

Stages of trial:

• filing a claim;
• attaching a set of documents to the application;
• payment of state duty;
• transfer of the application to the addressee (by mail/in person);
• consideration of the case;
• making a decision;
• implementation of cancellations and changes.

Attention!

A court decision is the basis for forced changes to a land survey.

Who can apply

Challenging the boundaries of a land plot can only take place if there are compelling reasons, such as invalid survey results. Interested persons have the right to cancel the results obtained. First of all, these are the owners. The right to a plot is determined:

• lease agreement;
• agreement of unlimited use;
• privatization acts;
• certificates of perpetual inheritable ownership.

Where to go

To appeal the results administratively, you need to contact a cadastral engineer.

The corrected results are sent to the cadastral chamber. To challenge the land surveying, you should go to court.

Where to file a claim:

• Court of general jurisdiction, if both participants are individuals.
• Arbitration court, if enterprises are involved in the process.

How to cancel results through court

A forced change of information in Rosreestr may occur on the basis of a court decision. The resolution must be submitted with a correctly drawn up boundary plan. In order to initiate proceedings, an interested person can file a petition, indicating the reason for the appeal and justifying it.

To challenge the land surveying of a neighbor's land, you need to go to court. The proceedings entail time and financial costs. You should resort to it only if there are good reasons. First, all methods of peaceful resolution of the situation should be used.

Federal Law N 221, dated July 24, 2007 on the state cadastre, requires the involvement of all interested parties in the process and coordination of the results with them.

Who has the right to challenge the results?

Through the court, land surveying can be canceled by its owners themselves, as well as by outside neighbors of the plot. Only those owners whose lands border the intervening area have influence on the process. If the contours do not intersect, and the cadastre map contains information about the neighbor’s land, then there are no grounds for appeal.

Documentation

Important!

Any document that proves the settlement of the situation in an administrative manner must be proven. The fact that neighbors have been warned about the procedure is evidenced by publication in a local print media or a notice of delivery.

claim:

• Full name of the person who applied for protection of rights;
• information about the area in relation to which the dispute has developed;
• data from the defendant, who has his own vision regarding the boundaries;
• the essence of the problem is that attention is focused on errors in the drafted act;
• violation, it must be indicated that the errors violate property rights and prevent the use of the site to the full;
• references to laws and other acts that confirm the violation and make it possible to invalidate the boundary plan;
• Date of completion;
• plaintiff's signature.

On a note!

An example of a claim in a claim:

• elimination of cadastral inaccuracy;
• qualification of cadastral registration information as “unreliable”;
• removing barriers to property ownership;
• restoration of land boundaries.

Hearings

The case is accepted for consideration only after confirmation that the procedure has been followed. A correctly drawn up claim, the availability of a full package of papers, payment of the state fee, application to the required court (we take into account the place of registration and jurisdiction of the case), the presence of a basis - requirements that are important to comply with.

If the package of papers is accepted, a hearing is scheduled. All participants are notified of the date and time of its passage. They can, if necessary, call witnesses. At this stage, it is important to explain all aspects of the dispute and the reasons for the conflict.

Stages of the proceedings:

• Disclosure of materials on the case.
• Listening to the positions of the parties and the testimony of witnesses.
• Acceptance of additional evidence.
• Appointment of additional examination.
• Making a decision.

Important!

Counterclaims, if they arise, are also considered on their merits.

Claim for elimination

You must submit this application to the city or district court of the area where your property is located only in a situation where you, being the rightful owner of the site, but for some reason do not have the opportunity to use it to the fullest. Basically, the defendant is the tenant's neighbor.

Writing an application

The task of the judicial authorities is to establish the exact boundaries of the site. After which the neighbors will be prohibited from carrying out any activities that will interfere with the plaintiff’s use of his “piece” of land. Therefore, let's figure out how to write a claim correctly, so:

• First of all, you must describe the reason for your claim in legal style. Everything must be presented consistently and coherently. Because if your application is written illogically and in unrelated phrases, then it will be very difficult for a lawyer to get to the bottom of your problem. The most important thing is to state your requirements as simply, accurately and clearly as possible;
• after which you must support your words with legal norms that correspond to your claim and on which you rely. Moreover, it is best if you indicate specific and precise legal provisions with which you justify your claims;
• Next, what is required of you is to provide a link to the evidence , since absolutely every statement you make must be as substantiated as possible. Such evidence can be any facts, based on which the authorized body could establish the absence or presence of the circumstances of the case;
• after that the summary of your words is written. Also, do not forget to indicate in each claim a list of required documents.

Sample application for establishing the boundaries of a land plot.

Required documents

You must have:

• copy of the application;
• power of attorney, but only if you have delegated powers to another person who will represent you in court;
• a receipt confirming your timely payment of the state fee;
• documentation certifying the authenticity of the facts on which you rely in order to resolve the land dispute;
• documents confirming the right to ownership of the site;
• documents that confirm that you comply with the unconditional procedure for pre-trial “smoothing out” the dispute;
• calculation of the disputed or recovered amount of money, which must be signed by the plaintiff or a person representing his interests.

Trial

In order to obtain a positive court decision for you in the case under consideration, you must present facts that prove your case. Undoubtedly, this is a rather complex procedure that requires both procedural and mental activity. Read the rules for land surveying here.

But, nevertheless, every plaintiff wants to quickly find out the court’s decision and how positive it will be for him. Therefore, let's talk about how the deadlines for issuing a “verdict” by the judiciary are set.

So, procedural time frames are divided into two types: the period of examination of the claim by the court and the period of performance of actions (procedural) by people who take part in the case. Moreover, deadlines are also divided into the following types: established by the court itself and by federal law.

But, we will not go into the details of the legislation of the Russian Federation, since your lawyer will inform you about all the nuances. The most important thing you need to know is that the decision on your case must be announced within two months from the day the application was received by the court. How is land surveying carried out or the cost of land surveying? Find out by following the links.

How to challenge the land survey of a neighbor's land - Collection of legal recommendations

You can challenge the results of land surveying. Such a need often arises when one of the neighbors is convinced of the infringement of their material interests. Such a dispute cannot be resolved by shouting and verbal battles, since changing boundaries is not only a topographical event, but also a legal one.

When do land survey disputes arise?

Of course, it is always easier to resolve any dispute peacefully, that is, to reach an agreement with your neighbors. But it is not always possible to find a common language.

When considering conflicts of this kind, it is not oral statements that should be taken into account, but documentary evidence in the form of geodetic survey results.

Moreover, each property, including a land plot, is subject to state registration, during which the coordinates of the boundaries must be established.

Land legislation determines the procedure in which a plot is formed, as well as its registration and registration of property rights:

• Land cannot acquire the status of an object of civil circulation without its state registration. The plot must be registered in the cadastral register.
• The delineation between adjacent plots occurs during the process of cadastral work, after which the land is registered in the cadastral register.
• The final stage is registration of ownership.

Each situation with disputed land surveying has its own nuances, but we can still name the most common causes of conflicts. Among them:

1. Land surveying without the consent of all interested parties. It is impossible to resolve disputes of this kind without contacting Rosreestr.
2. Violations during geodetic or cadastral work. The owner may disagree with the results and appeal them. If the appeal is successful, the disputed plot is removed from the registration register for land management work to be carried out again.
3. The neighbors refuse to take part in resolving the dispute. In this case, the case, as a rule, is resolved only in court.
4. The land plot was inherited by several owners who want to divide the land, but cannot come to an agreement. Partition in kind in such cases is carried out through the court.
5. Technical errors when preparing documents. Documents are drawn up by people, and there is always a risk of careless mistakes.
6. Errors in land surveying due to the fault of an incompetent specialist. In such cases, responsibility rests with the owner of the site.
7. Self-capture. This fact is often revealed during land management work.

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Coordination of land surveying as a neighbor

The boundary plan, which is prepared by the cadastral engineer, only acquires its legal force when it is supported by an act of coordination of the boundaries of the site with all interested parties. Everyone must personally participate in land surveying - the owner, neighbors, or their representatives with a notarized power of attorney.

The parties are notified of the date and time of surveying at least 7 days in advance, necessarily in writing. Notices are also attached to the approval act so that in the future no one can challenge the result of the land survey. The following signatures must be present on the approval document:

• The owner.
• Neighbors.
• Representative of the local administration.
• Cadastral engineer.

Having certain official information in hand, the cadastral engineer carries out land surveying. He fixes the exact boundaries of the site by installing boundary signs on the area. Each of the signs is recorded in the documentation and is inviolable for outsiders. The owner of the site becomes responsible for their storage under signature.

If any of the participants does not agree with the boundaries established by the cadastral engineer, then he must attach his objections in writing to the drawn up boundary plan. In the future, objections will be considered by Rosreestr, and, if necessary, submitted to court.

Who can challenge the land survey?

The law allows all owners of adjacent lands to challenge the results of land surveying. That is, you, as the owner, as well as any of your neighbors can do this. In addition to the direct owners of land, their heirs and former spouses can also challenge the land.

Before the land surveying procedure is carried out, the owner of the plot is obliged to notify in writing all owners of adjacent plots and other interested parties:

• Tenants;
• Owners;
• Holding the right of perpetual use;
• Holding the right of lifelong inheritable ownership.

Anyone from this list who was not properly notified of the upcoming land survey has the right to go to court. If there is an apartment building on an adjacent plot, then any of the apartment owners can go to court if they disagree with the result of the land survey.

A thorough study of the issue does not always guarantee a positive outcome.

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+7-499-350-97-04) and
St. Petersburg (
+7-812-309-87 -91).

Where to contact?

You can challenge the survey results in court. This method should be used only when peaceful ways to resolve a land dispute have not brought the desired result.

In order to negotiate peacefully with neighbors and establish boundaries that suit all parties, you need to contact a cadastral engineer. He will carry out land surveying, and all participants will sign an agreement.

The updated boundary plan will be submitted for registration to the cadastre.

If the parties cannot agree with each other on the location of the boundaries between the plots, then they will have to go to court. The statement of claim is filed with the district court at the location of the disputed lands.

The parties must substantiate their claims with relevant legislative and regulatory acts, as well as provide documentary evidence of violation of their legal rights and interests.

Source: https://ds309samara.ru/kak-osporit-mezhevanie-zemelnogo-uchastka-soseda/

Is it possible to challenge the survey results?

Naturally, every owner has the right to challenge in court the invalid results of land surveying of his plot of land. But, in order to solve the problem that has arisen, it is necessary to first find out why it arose. Firstly, a mistake could have been made by the cadastral service when surveying your land.

In this case, the responsibility lies not with the organization itself, but with the engineer who was involved in setting the coordinates and made a mistake, entered this erroneous data into the boundary plan and registered it with the cadastral chamber.

The main part of preparing evidence indicating that the survey results are erroneous is the accurate drawing up of your land plot plan.

It is necessary for the cadastral service engineer to prepare a plan (landmark) where he indicates the location of the boundaries of a certain area, and also indicates in the conclusion the reasons for the imposition of boundaries and provides his proposals for resolving this issue.

After which you need to file a claim in court so that the judicial authorities determine the correct location of your land. In order for the court to take your application into account and begin considering the case, you must provide written evidence of your case.

Article No. 71 of the Code of Civil Procedure of the Russian Federation stipulates that evidence can be considered: contracts, acts, business correspondence, certificates, as well as other materials and documents that are made directly in the form of a graphic or digital record, and also received through electronic, facsimile and other communication, or in any other way in which the document can be verified for authenticity.

In addition, the boundary plan is perfect as evidence.

Therefore, a competently and correctly drawn up land surveying plan for your land plot will serve as an excellent addition to the results of the forensic expert’s conclusion. In addition, if he also establishes the presence of errors in the process of surveying the defendant’s land, then he will help you challenge the biased expert opinion.

See the land project plan here.

Land surveying procedure: we notify neighbors and draw boundaries

All parties to the conflict must take part in the land surveying process. In this case they are:

• the owner of the plot whose boundaries are being determined (or his legal representative);
• neighbors of the owner whose plots are directly adjacent to his territory.

Therefore, before starting land surveying, it is necessary to notify neighbors about this.

This is done in two ways:

By sending them a special notice

It can be sent by mail or delivered in person. This option is suitable if the exact address of your neighbors is known or there is a possibility of meeting them in person. The notice states:

• destination;
• place and time where you need to arrive;
• purpose of the visit (coordination of site boundaries);
• name of the owner of the neighboring plot, cadastral number.

If a notified neighbor fails to appear, a preliminary survey is carried out, and a second notification is sent to him. A record of this is made in the approval act. If it does not appear within 30 days after this, the previously defined boundaries will be considered as set by default.

By publishing a notice in a newspaper

This option is used in cases where:

• the exact location of the neighbor is unknown;
• the neighbor has abandoned the site, does not show up and does not take care of it.

If after the notification the neighbor appears, then the land surveying procedure is carried out with his participation. In the process, the actual area of ​​the plots is measured and the data obtained is compared with those recorded in the documents. This allows you to accurately establish boundaries and find areas of land that were illegally appropriated by one of your neighbors.

The main result of the land surveying procedure is a document such as an act of approval of the boundaries of a land plot

It indicates the area, as well as the location of the land relative to its neighbors. If there are no disagreements, the document is signed by the owners and neighbors. If there are any, a record of this is made in the act, and further disputes are resolved in court.

To sum it up...

If you are faced with such a situation, then feel free to start looking for a lawyer who will represent your interests in court. The most important thing you must do is to “arm yourself” with all the necessary documents and defend your point of view to the end.

We hope that this article has helped you gain a general understanding of the causes and effective methods for solving the problems of determining the boundaries of land plots.