Sample consent for land surveying

The procedure for approving boundaries when surveying a land plot: how to do it without the consent of neighbors

How to carry out land surveying without the consent of neighbors? If the owner ignored the notification received or justified his reluctance to participate in it in the prescribed manner, then land surveying without the consent of the neighbors can be carried out in a simplified form.

This regulatory act states that when clarifying the location of a site, consent to surveying the land plot of the owners of adjacent territories is required if the survey affects boundaries, cadastral information about which has already been previously entered into the state real estate register.

How does demarcation with neighbors occur?

The most important condition for carrying out land surveying is the approval of neighbors for delimiting the land area. This is done as follows.

You need to notify all your neighbors about the start of land surveying no later than a month in advance. As a rule, the term and date are set for all owners the same. It is better to issue a warning in writing and signed.

On the agreed day, neighbors are asked to sign the demarcation act, which must be prepared in advance. This act is attached to the case and further confirms the entire legality of the land surveying procedure. However, resolving issues with neighbors, especially those related to their property, is not so simple.

Act of approval of the boundaries of a land plot - sample and

The chairman and the neighbors are his bosom alcoholic friends who won’t confirm anything in my favor? This is fast and the owners of neighboring territories do not want to appropriately resolve the issue of agreeing on the boundaries of the plots through land surveying? For a clear answer, you need information about what documents you have, is the plot registered in the cadastre, and what right do you have to own your plot of land?

Also, the situation may be complicated by the fact that some of them do not have an email address or the fact that email addresses are impossible to find in the public domain. confirmation of the mistake made is an official document, which is drawn up by a cadastral engineer. Evaluate the 0 -0 earthen survey against the standard of consent of the neighbors of the site. Why is the consent of the neighbors necessary? What needs to be done in order to obtain it? Carry out land surveying, that is, agreement with the neighbors of the boundaries of the site, and if everyone agrees with. Land survey on the basis of the boundary agreement attached to the act , postal notice. The neighbor does not sign the act of approving the boundaries of the land plot.

Invalid land survey

Land surveying may be declared invalid if it was carried out with the following violations:

• formal execution or failure to comply with the procedure for coordination with neighbors;
• there is no specific data in the act on boundary delineation;
• presence of violations in the approval procedure due to the fault of the cadastral engineer. He is responsible for the correctness of the calculations;
• During demarcation work, the rights of neighboring owners were affected.

Sometimes, even if there are clear boundaries that have undergone the official land surveying procedure, neighbors may refuse to accept the measurement results. In such cases, you should remember that going to court is a last resort; it is better to try to resolve everything amicably.

1. We have incorrect land surveying, what should we do if the neighbors are against changing the documents?
2. Consent to install a fence between neighbors, sample

Land surveying without the consent of neighbors: how to do it

The situation will be different if the neighbor presents a written claim with a notification of refusal to sign the act of coordinating the boundaries, with an explanation of the reasons. Or he will appear at the meeting by invitation and express his complaints and reasons for refusing to sign the agreement.

An appeal to the court will be necessary in case of refusal to sign the act in accordance with motivated claims. If your neighbor becomes the initiator of the claims, you indicate in the statement of claim only the reason for his failure to sign the agreement, and let him deal with his claims independently.

What to do if a neighbor does not sign the deed

If it is already known in advance that the neighbor is not going to sign the document and is not even thinking about coming to the owners’ meeting, then it is reasonable to start collecting in advance all the required documents, which will further confirm the entire legality of the event:

1. You should formally write an invitation to a meeting of owners and inform them that land surveying work will be carried out.
2. An invitation is sent in the form of a registered letter, an inventory of the attached papers is made, it is recommended to send the letter with acknowledgment of receipt.
3. The receipt and inventory are subsequently attached to the notification.
4. If no information is received within two weeks, then send another letter.
5. Proceed in the same way with the third letter if no response is received to the second appeal.
6. All available papers must be compiled and transferred to the cadastral engineer.

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The notification sent three times serves as a signature for the owner's document. It begins to operate only a month after sending the third. Such inaction also provides some evidence of consent. However, the issue of land surveying will be decided by the company itself that will carry it out. If company employees consider it sufficient only to have a notification of receipt of sent letters, then there should be no problems.

This sequence of actions will also help the owner win all legal battles in the future if, without attending the meeting, the neighbor decides to present his claims.

The situation will be different if the request is answered in the form of a claim and a refusal to sign the document for objective reasons with their justification. Then the dispute can only be resolved in court or administratively.

Documented reasons may also serve as valid reasons for non-appearance:

• the owner of the neighboring plot is incompetent. In this case, a certificate is obtained from the hospital at the location of the patient;
• the person is on a long business trip or on vacation, and travel for these reasons is impossible. This also applies to imprisonment. Here he can send a document stating that he is unable to attend the meeting;
• a person has not yet entered into inheritance rights from his relative - a document is issued from his notary;
• the land area was seized by the court - a copy of the court decision or a document from the court bailiffs is provided.

The documents will be considered valid and can be safely attached to the land surveying case.

If the owner of the land plot knows in advance that the neighbor will refuse to sign the act of coordinating boundaries, then the following actions must be taken:

• send your neighbor a registered letter with acknowledgment of receipt, which will indicate the date of survey;
• If there is no information about the location of the owner of the neighboring plot, it is necessary to submit an advertisement in the local newspaper with the date of the survey.

If the neighbor was notified of the upcoming land survey in a proper manner, but he did not show up for the meeting and did not express any dissatisfaction, then a corresponding note is made in the act. Confirmation of notification is duly attached to the boundary plan. The land surveying procedure itself is considered preliminary.

It is recommended to send a repeated notification one month after the preliminary survey. If the neighbor does not appear at the meeting again and does not sign the act, then the land survey will be considered completed. In cases where the neighbor does not get in touch after the publication of the announcement within a month, the boundaries of the site are approved automatically.

All these rules apply only if the neighbor does not show up and express dissatisfaction with the approval of the boundaries of the site. It is much more difficult to carry out land surveying if a neighbor appears and presents written confirmation of his disagreement with the approval of the boundaries. In this case, the determination of the boundaries of the plot can only be done by going to court. The success of resolving this issue depends on what legal relations are established regarding the disputed plot of land:

• neighbors are owners of shares in common property;
• each person is the owner of his own plot;
• one of the neighbors is the owner of the plot, and the second has the right to perpetual possession of it.

You can do without the consent of your neighbors if the owner of the plot has notified them several times about the upcoming land survey. If a neighbor refuses to sign the act because he himself has violated the boundaries of the plot, the owner must file a claim in court to eliminate the violation.

Such confirmation must be attached to the land surveying act to confirm the legality of the actions taken.

What is a land plot plan and its differences from a boundary plan?

The boundary plan indicates only information about the boundaries , which are schematically highlighted on it with a red line. Used when information about the location of their passage is required. Used when marking construction and determining red indentation lines. The same applies when drawing up an act of coordination of boundaries with neighbors or resolving disputes.

The purpose of surveying and drawing up a boundary plan is also focused on determining (restoring) boundary boundaries . But in this case, in addition to the current state of passing the boundaries of the memory, other information is indicated here. For example, when reorganizing a land plot by merging or dividing land, the parameters of previous plots and the boundaries of the newly emerged plot are indicated. The coordinates of turning points and the presence of capital and other buildings on the site are also indicated here.

Consent of neighbors to survey the land plot

To reach agreement with neighbors, they need to be in writing. The act of approving the boundaries of a land plot is a standard. The standard for approval of land surveying (approval act) can be downloaded here. So how to carry out (how to do) land surveying without the consent of the neighbors, if it does not seem likely to obtain the neighbors’ signature.

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A property that has been duly registered can be deregistered if its existence ceases, for example, if it is divided into several territories with different owners or merged with another property. Indicate to each of the interested parties the current location of the boundaries of the land plot on the ground. Every individual or legal entity has the right to demand changes and corrections of errors in the state cadastral database. At the same time, it is reasonable to recover from your neighbor changes in accounting records if they include an infringement of your property rights.

How does the procedure work?

The law allows for approval to be carried out separately with each of the owners or joint approval by convening a meeting of neighbors.

The collective method is more preferable, since it is possible to jointly review previously prepared cadastral and boundary plans, evaluate the boundaries and discuss them.

All explanations are made by the cadastral specialist, who also fills out the approval document, which must be signed by all participants.

The specialist must:

1. Personally check the passports of those present, and, if necessary, verify the presence of a notarized power of attorney.
2. Provide all interested parties with documents, diagrams and plans, and explain the details.
3. Show the location of plot boundaries on the ground.

If the prepared documents do not raise any objections or complaints, then the approval is considered received and an act of approval of the boundaries of the land plot is drawn up.

Sample consent for land surveying

Answer: Hello, Kirill. According to Art. 11.7 of the Land Code of the Russian Federation, you can use another method of obtaining new land plots - redistribution, and do all the indicated actions - consolidation and further division in one stage.

Redistribution of land plots is another way to create new areas. Article 11.7 of the RF Land Code describes in detail the conditions and procedure for completing this procedure. This method of forming land zones can only be applied to adjacent plots.

Contract for land surveying

1. Identification. As a rule, they are served by an internal Russian passport. If his representative acts on behalf of the customer, then a special power of attorney certified by a notary office is required.
2. Documents evidencing the applicant's legal right to the property. This could be a gift agreement, a purchase agreement, an inheritance agreement or a certificate. If these papers are lost, measures must be taken to restore them. Without them, it will be impossible to conclude an agreement.
3. Extract from cadastral registration. It is issued by Roszemkadastre or the Bureau of Technical Inventory. To do this, you must submit a written request in advance.
4. Original cadastral plan of the area.
5. Technical documentation for all buildings erected on personal territory. If such papers are missing, then the buildings are considered illegal.

Land surveying is a complex of works and services provided by state and commercial land management organizations that have licenses to carry out such activities. This is a task for which specialists from various fields are involved. Lawyers, cartographers, surveyors, draftsmen and land surveyors are involved in the preparation of official documentation. All of them have the appropriate education and certification to carry out land surveying work.

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How to obtain the consent of neighbors when surveying a plot of land

When going to court, the main reason is indicated as the neighbor’s refusal to sign an act of consent to demarcate land boundaries. This method is effective if there have been no violations during the operation of the territory before. So in court it is possible to achieve land surveying and restoration of the correct boundaries of adjacent areas.

If the neighbors did not express their consent and did not appear to survey the territory, the work can be carried out without them (with proper written notification). All rules must be strictly followed. Only in this case will it be impossible to reclaim the area, since the act will establish that everything was carried out according to the law. The document must be attached to the act of land surveying.

How to get it?

Territory approval is carried out in the personal presence of the owners of adjacent plots or their legal representatives. Here is the procedure for agreeing on the boundaries of a land plot during land surveying.

1. The procedure begins with an application to a cadastral engineer and the subsequent conclusion of an agreement, after which he draws up an act, which is the basis for registering the plot of land in the cadastral register.
2. All interested parties must be notified in advance about the implementation of the procedure for approving land boundaries.
   

   This is done in writing, for example, a registered letter is sent by mail to the neighbors. This is done so that later they cannot justify their absence by the fact that they were not warned in a timely manner.

3. If any of the persons interested in land surveying does not appear for the procedure, having been notified in the prescribed manner, there is no need to refuse land surveying.
   In the absence of the land owner, as well as his written objections regarding the land survey, this fact should be noted in the approval act, and the land survey plan should be supported by documents confirming the timely notification of the citizen about the date of the procedure.
4. If the owner of the plot is unknown, then the established form of notification is the publication of a corresponding announcement in one of the regional media. If there is no response within 30 days, the approval is considered completed by default.

IMPORTANT! There may be cases when the land on the territory of which the disputed border is located is registered with the bank as collateral. How to be in this case? Is it necessary, in addition to the owners’ consent to survey, to also obtain the bank’s consent to survey the land? The answer is clear: no.

You can find a sample of the bank's consent to survey a land plot here.

According to Article 39 of the Cadastre Law, the following have the right to approval:

1. owners.
2. Permanent (perpetual) owners (not state or municipal).
3. Owners by right of inheritable ownership.

In other words, there are no mortgagees on this list; therefore, their consent to the procedure for marking the boundaries of the territory is not required.

If the neighbor’s reluctance to participate in the agreement is expressed in writing, and his refusal is convincingly justified, then the location of the disputed boundaries will be further determined by the land owners in court.

Consent of neighbors to survey a land plot sample

Testimony from neighbors is welcome) carried out land surveying of the site of a two-apartment house and paid for the work. How to separate and privatize a plot of land without the consent of neighbors? Plot, the client is provided with a plan of the land plot on the ground with coordinates, area and deadline. As I understand, you are not the owner of the land, and according to the law, only the owner can make such a claim, but if insults really take place, then you can attract witnesses or make audio or video recordings of this and write a statement to the police or file a lawsuit, for insults, does my neighbor have the right to install a septic tank on the property line and demolish my lawn seedlings? According to snip 2.

You've already remade everything for yourself, so they won't be able to achieve anything. Going to court is the last step, which is permissible provided that preliminary attempts have been made to resolve the situation. So if a neighbor does not agree with the boundary and wants to call surveyors, then agree with him, having previously warned that if you were right regarding the boundary of the plots, then let him pay for the surveying services personally, as the initiator of this dispute. We bought a plot of land that had already been surveyed, but having measured it, it does not correspond to the given dimensions (a little larger).

04 Aug 2020 glavurist 409

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