How to register land without land surveying

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From the buyer’s point of view, the transaction must have fairly compelling reasons, because sometimes the acquisition of a “pig in a poke” occurs, and also with the risk of overlapping the boundaries of the land plot, seizing someone else’s territory and corresponding showdowns. Without survey work, there is a guarantee that you will not get the land that you previously chose, but another plot re-registered by the owner.

What you need to know to register a plot without land surveying

The main and necessary condition is to obtain a cadastral passport of the plot allocated from the share in order to sell. If there are complications (for example, disputes between owners about the boundaries of neighboring plots, a question about the location of a plot), then it is recommended and even necessary to carry out land surveying.

I know everything I owe France. What interests me is exactly what I owe to Russia if I live in Russia and am its citizen. Wealth tax says that I must declare all my property, no matter in which country it is located. Is it so? And I’m also very interested in what will happen if I still have to declare it, but I don’t do it, but the Russian tax authorities find out about it.

Rules for the land surveying procedure

A few words about the land surveying rules, and more specifically, is it possible to carry out the procedure at the expense of the state (since it insists). From January 1, 2020, these survey activities are no longer free for private (single) customers. Here are the positions that the state is currently making at its own expense:

fixing the boundary plan on built-up areas;
determination of the boundaries of agricultural lands and where a plan has already been drawn up;
when it is necessary to separate the territory of SNT or dacha partnerships;
when it is necessary to determine the boundaries of forest areas.

And last in order, but not at all the least important legal characteristic of the procedure:

The one who was the first to carry out the actions required by law is right (“the first one to stand up gets the slippers”). But excuse me, how can this be? It turns out that if the survey was carried out by your neighbors along the perimeter and your plot suddenly “lost” by a couple of hundred square meters (and the neighbors, of course, presented all the documents), then there is nothing you can do? That is, they owned and owned, and then suddenly they lost it. Find out later who entered which papers into the register and to whom, and where the incorrect information was provided. Or even a fake.

The law from these positions is completely undeveloped and not only does not stabilize property rights to land, but also creates a breeding ground for the potential seizure of property, making the right to it very conditional.

Please note: land surveying at state expense occurs only if there is already a long-ago developed land survey plan (land survey map). It will not work to create SNT from scratch and quickly “demarcate” it (and even at the expense of the treasury)

ConsultantPlus: Forums

If a Russian living in Russia, who has an apartment and a bank account in France, should he declare it to the tax authorities in Russia or not? If he does not have income from this. And if he needs to declare and this is not done, then what consequences does this entail? It's the law that interests me.

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Repeated surveying

From the registry chamber, the chairman of the SNT went to the surveyor who carried out the land surveying, so that he would correct the boundaries in the cadastral plan. The surveyor, realizing that he could earn money again, announced the need to re-mark the plots, which would cost each gardener 8 thousand rubles.

If you buy a plot of land with clear cadastral boundaries, then it makes no sense to re-landmark the plot as a new owner. The borders for purchases do not change . Data from the Rosreest portal can be trusted, but sometimes they have glitches, for example, the boundaries of already demarcated areas are missing. In this case, only ordering a cadastral passport will help you.

Can there be property without borders?

In practice, instead of residents, the area close to the house is often used by anyone at their own discretion. Instead of a sports ground, a store is going up, and in place of the park is another new building. Can residents become full owners of the local area?

Every property owner should know the established boundaries of a land plot in order to monitor the relevance of compliance with their property rights. Usually, the boundaries of the site are prescribed in the boundary plan and cadastral passport, but there are situations in which such territory delimiters are not established. How to clarify the boundaries of a land plot? Read here.

Land surveying until 2020 - law

Landowners of the Russian Federation are in some confusion in connection with government decree No. 2236-r. As stated in the document, it should improve the quality of services in land cadastral registration. For this purpose, mandatory land surveying is being introduced, which should end in 2020. Thus, all Russians must decide on the boundaries of their plots by 2020.

Any owner of land has boundaries with himself such owners. Their relations regarding the boundaries of the plots are regulated by a separate Federal Law. According to it, all owners must agree on the size of their plots with neighbors or other interested parties. Therefore, when starting land surveying, you must notify your neighbors in any way possible. It is better to do this before the end of the law.

Unidentified boundaries of a land plot: what to do and what this wording means

As a result, boundaries for a specific area may not be established. In this regard, disputes with other neighbors may arise. If the boundaries of the land plot are not established, neighbors can use the land, violating the property rights of the property owner.

2.collection and analysis of information that is necessary for land surveying

, such as ordering data about a site and adjacent sites from the federal land cadastre, reconnaissance on the ground and collection of initial geodetic reference points or benchmarks, and others;

Is it possible to register a land plot without land surveying?

If the territory is leased or there are other persons who have rights to it, then their consent is required - an act that is drawn up in writing. After receiving the application, a decision is made within 20 days. If the application is approved, a passport is issued. After this, it is necessary to register the rights to this plot of land. Until the land owner does this, the data on the site will be considered temporary.

If registration of rights is not carried out within 2 years, the information from the database is deleted. Another question: how to register a land plot with cadastral registration with land surveying? To record the results of land surveying, it is necessary to obtain a land survey plan. Without it, it will not be possible to register land rights. Documents you will need:

passport;
site diagram;
documents on rights to the territory.

The survey is carried out by a cadastral engineer. If a representative applies, he must have a power of attorney with a passport.

Pay the state fee (most often this can be done at the Registration Chamber cash desk) and attach a receipt of payment to the application.
Give the documents to the Registrar and take a receipt for receipt of the documents with the specified completion date of the registration procedure. Registration takes two weeks on average.
On the specified day, appear at the registration chamber and pick up the documents. A trusted person can also do this.
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The procedure for marking the boundaries of a land plot

state cadastral registration or state technical registration of real estate objects, carried out in the manner prescribed by law before the entry into force of this Federal Law or during the transition period of its application, taking into account the features specified in Article 43 of this Federal Law, is recognized as legally valid, and such objects are considered real estate objects, registered in accordance with this Federal Law (hereinafter referred to as previously recorded real estate objects).

2. A pond, a watered quarry, located within the boundaries of a land plot owned by a subject of the Russian Federation, a municipal entity, an individual, a legal entity, are respectively owned by a subject of the Russian Federation, a municipal entity, an individual, a legal entity, unless otherwise established by federal laws.

How to register land in the cadastral register

You will need

— title document for the land plot;
— identification document;
— receipt of payment of state duty;
— technical plans of objects located on the site;
— - a document confirming that the plot belongs to the category of land.

Instructions 1 Prepare all title documents for the land plot. This may be a document confirming the inheritance, a cadastral number of land ownership, or any other act on the provision of this plot by a state authority or self-government body.

2 Submit an application for the issuance of a cadastral passport at the Cadastral Chamber at the location of the land plot. Remember that in addition to the title documents for the land, the applicant is required to provide the territorial cadastral registration authority with a receipt confirming payment of the state duty.

Can a body of natural origin, river, pond, lake be someone’s property?

3. The right of ownership of the Russian Federation, a subject of the Russian Federation, a municipality, an individual, a legal entity to a pond, a flooded quarry shall terminate simultaneously with the termination of the right of ownership to the corresponding land plot within the boundaries of which such water bodies are located.

However, Article 40 of the same law specifies that the court can agree on boundaries unilaterally if the neighbors have not signed an agreement within the specified period of time, but have not provided any reasoned objections in writing. So you need to correctly compose and send by mail with receipt of receipt all your “objections”.

Is it possible to register land as a property without land surveying?

Land registration involves several stages :

submission of all documents to Rosreestr;
writing an application;
payment of state duty.

The presence of a boundary plan or cadastral passport will make the registration complete . That is, all information about the site, the coordinates of its boundaries and the boundary plan will be in the Rosreestr database. When selling a plot, the buyer will know exactly its characteristics.

How to register a plot of land for cadastral registration

In order to register a plot of land for cadastral registration, you need to provide a package of documents to the state cadastre department at Rosreestr. Cadastral registration is the entry of information about any property, including land plots. To collect this information, a specialist must go to the site .

The cadastral engineer determines the coordinates of the land boundaries and registers all the information received in acts and other documents that are submitted to Rosreestr. Then the documents are processed and the plot acquires a cadastral number. And all other data is entered into the database.

Read more about cadastral registration here.

Read more: Sample real estate donation agreement

How to get a cadastral number

The presence of a cadastral number indicates that the land plot is registered in the cadastral register . All documents relating to this site have a cadastral number. With it, any property can be identified faster and easier, since it is not repeated anywhere.

A unique cadastral number can now be obtained not only after the land surveying procedure. Read more about obtaining a cadastral number here.

But there are exceptions. There are a small number of sites left that are registered in various information systems.

But at the same time, the citizens who are the owners of this land have not officially registered their ownership. We are talking about plots with the right of permanent, unlimited use.

The issuance of a cadastral passport for a land plot was possible without land surveying. In this case, the document contained a note that “the boundaries were not established in accordance with the requirements of the law.”

Obtaining a certificate of ownership

A certificate of ownership of a land plot could be obtained without land surveying.
Owners often have a question: do they need to do it now if they already have a document?

Using the services of a cadastral engineer and determining the coordinates of the boundaries of a plot is sometimes forced by the wishes of the buyer, who wants to know exactly what he is buying.

Rosreestr stopped issuing Certificates printed on stamp paper in 2020.

Now an extract from the Unified State Register serves as a document confirming ownership. It is printed on plain paper, A4 size.

Now Certificates are not issued, and acquisition of property rights is impossible without land surveying . This means that it will not be possible to bypass this procedure when purchasing a plot.

Can a neighbor do a land survey without my signature?

Another way is to start a parallel assessment of your land, carry out surveying simultaneously with the neighboring land and, after comparing all the coordinates, sign both “acts” at the same time. In accordance with Article 39 of Federal Law No. 221 (07/24/2007), clarification of the boundaries of land ownership must necessarily be agreed upon with all interested neighboring persons.

In 2020, you can make transactions with such a plot (sell, donate, inherit). Starting from 2020, in order to carry out any transactions, it will be necessary to carry out land surveying, which must be reflected in the documentation for the site. If no transactions are planned, then land surveying may not be carried out. And after the beginning of 2020, the storage unit will remain the property of the owner.

How to protect yourself from a bad deal?

Considering all the deadlines for procedures related to real estate transactions, if you make it today, there is a risk of not completing the process of re-registration of the owner’s rights before the end of the year. If the situation is not in the buyer's favor, it may be worth abandoning the agreement.

Read more: Application for return of claim sample arbitration court

At the same time, it is possible to delay the process by quite legitimately demanding the provision of a full package of documentation for the land, including technical and cadastral passports, as well as extracts from the state register about registering the plot and assigning it a cadastral number. The latter confirms that boundary work has been carried out on the site and the definition of its boundaries, which means that there should be no problems with registration.

Why do you need to do land surveying if you have a cadastral passport and number

If the owner does not intend to make any transactions with his land plot, then it is not necessary to carry out land surveying. Moreover, the land surveying process is quite expensive. If the owner intends to carry out any transactions with land plots (purchase and sale, donation, inheritance) after 2020, then he will have to carry out land surveying.

This is the tip of the iceberg, so to speak. The majority are now privatizing their apartments, and if suddenly a natural disaster happens to the house (fire, gas explosion) or the housing is simply in disrepair due to old age, there is no hope for new apartments from the state today. In such a situation, you can sell the land to recoup your losses and not end up on the street. If the arguments are convincing, it is worth finding out how to formalize the rights of residents to their territory.

Features of the procedure for selling (purchasing) a land plot without land surveying

Selling a plot of land without land surveying complies with the law, but is associated with risk. The owner of the land has the right to independently decide whether or not to carry out land surveying. It is possible to sell a plot without land surveying if the buyer does not object. In fact, land is purchased without certain boundaries at a price fixed in the agreement. In case of disputes with the owners of adjacent plots, the new landowner will resolve the disagreement through the court.

We recommend reading: How to draw up a lifelong annuity agreement for an apartment

Previously, there was no need to talk about making transactions with allotments without land surveying. But since 2007 the situation has changed. The law allows for this possibility. Follow the simplified procedure. Take advantage of the “dacha amnesty” to complete documentation for your allotment.

Adjacent territory of an apartment building

Who owns the adjacent territory of an apartment building and who should pay for what? The adjacent territory belongs to the residential building, its maintenance and operation are carried out together with the house from one source, that is, at the expense of the home owners. In accordance with Art. 158 of the Housing Code, the owner of a residential premises in an apartment building must also participate in the costs of maintaining common property in proportion to his share in the right of common ownership. And it, in turn, is proportional to the total area of the apartment, which belongs to its owner. The scheme is simple - the larger the living space, the higher the fee for maintaining the local area its owner is required to pay. So why is this privatization necessary?

In the situation under consideration, when calculating tax, it is necessary to take into account the Agreement on the avoidance of double taxation and the prevention of tax evasion in relation to taxes on income and property between the Government of the Russian Federation and the Government of the Republic of Belarus dated 04/21/95. Article 19 of this agreement provides that immovable property owned by a resident of a Contracting State and located in the other Contracting State may be taxed in that other State.

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.

05 Aug 2020 yristzvyka 231

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