Sample act of land surveying of land plots with neighbors: concept and registration process

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Published: 02/22/2017

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Land surveying is currently considered one of the most popular services that are provided when registering land ownership.

This service is necessary to determine the actual boundaries of a particular site, as well as their designation in fact, since the installed boundary signs will significantly facilitate the procedure for determining the presence of boundaries in the event of territorial disputes.

• What documents are required for land surveying?
• How to make an application for land surveying
• Agreement on land surveying Preamble to the agreement
• Subject of the agreement
• Contract price and settlement procedure between the parties
• Rights and obligations of the parties
• Force majeure circumstances
• Signatures of the parties and details of mutual settlements

Legislation on land surveying

The functioning of land real estate surveying activities is carried out under the application of the following legislative acts of Russia:

1. “On the state land cadastre.”
2. "On land management."
3. “On the State Real Estate Cadastre” Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated January 25, 2012 No. 32.
4. And others.
5. It is also necessary to follow the “Instructions for land surveying” dated April 8, 1996.

The current legislation takes a thorough approach to this process. If there is non-compliance with the laws, then all activities related to and carried out with the plot of land may be declared invalid. Carrying out land surveying may enable the owner of the plot to conduct land use of personal property at his own discretion.

The main rules that apply to this event are the same throughout Russia, however, their sequence may change. In larger cities, the delimitation of territory is a little more complicated compared to nearby provincial cities. In order to correctly identify the boundaries of a land plot, you should use the services of the territorial branch of the state register and obtain the necessary information there according to the specified procedure.

Identifying the lower and upper boundaries, size and location of the site cannot be done on your own. All of the above procedures have the right to be carried out only by those individuals and organizations that have a license to conduct relevant activities in the field of geodesy and cartography. The cost of the land surveying process is individual for each specialized body. The price depends on several circumstances, one of which is the region where the events are held.

Sample statement of claim for land surveying

1. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.
2. In the case of unauthorized occupation of a part of a land plot, an administrative fine, calculated from the cadastral value of the land plot, is calculated in proportion to the area of ​​the unauthorized occupied part of the land plot.

1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.
2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism”.

How and when does the land surveying procedure take place?

Carrying out boundary measures regarding land plots should be carried out by specialized organizations that are equipped with the appropriate permits for this type of activity. Information regarding whether any authorities have permission to conduct the land surveying process can be found on the official website of the cadastral service.

During the procedure under consideration, the following list of works should be carried out:

• verification work is carried out with documents for the agricultural plot and their compliance with the specified parameters;
• design documentation for land surveying is created;
• all persons involved in the specified process are notified, and confirmation is also attached in the form of appropriate notifications;
• a visit of a cadastral worker to the place of implementation of activities is being prepared;
• the area of ​​land real estate is measured;
• a geodetic survey of the agricultural plot is carried out, boundary signs are placed and coordinates are established;
• the size of the plot is calculated in detail;
• a land surveying plan is developed and subsequently approved;
• a land survey is being drawn up.

Upon completion of survey activities, the initiator of the application must be given a survey plan in 2 copies. The first copy must be in the Cadastre service, and the second copy must be with the owner of the land plot.

Boundary measures are provided in the following cases:

1. Land redistribution. Dividing one large plot into several small ones included in it, or combining it into one large plot.
2. Amendments to the delimitation of the site. This procedure is often needed by persons who purchase real estate; they need to see and know exactly how much area they can dispose of.
3. Confirmation of ownership rights to the plot. If you receive a plot of land by purchase, gift or inheritance, you must make title documents for it, register it with a cadastral number and carry out mandatory land surveying.

Application for Land Survey Sample

• Laws and articles on the basis of which the judge can make a decision are noted.
• Requirements and requests are indicated. For example:

• — I ask you to recognize the data included in the cadastral plan as erroneous.
• — I ask you to establish boundaries between such and such land plots.

1. Next, you should include the “Appendices” section and list all the documents that were needed when writing the application, on the basis of which you can confirm the incorrect boundaries of the land.

Land plot No. 18, which belongs to me, has a common border with land plot No. 19, which belongs by right of ownership to the defendant in this civil case, S.S. Petrov. There are no complaints against me either from the board of SNT “Polisad” or from the owners of adjacent land plots regarding the location of the site boundaries.

Is land surveying possible without documents?

There are cases when permitting documentation for land real estate is not issued or is lost. If this does happen, then it is necessary to prepare for the process of restoring papers, which is an activity that requires time and money.

It is necessary to submit an application to the local BTI for the issuance of parameters of the land plot, and also enter into an agreement with a specialized organization to carry out boundary work on the territory of agricultural real estate and cadastral work.

Before the land delimitation procedure, it is necessary to make a cadastral passport and resolve all possible issues with the neighbors on the site.

Restoring the package of documents and further surveying the territory may take about three to four months. Upon completion of the above procedures, documents for the property and the plan provided after land surveying must be sent to Rosreestr, which will ensure that the owner of the plot has full ownership of the land.

How to issue a power of attorney for land surveying according to the sample

During land surveying, the presence of the owner of the land territory is required. If the owner cannot be in the process of determining boundaries, then he has the right to send a proxy in his place. This requires the mandatory execution of a document granting certain rights - a power of attorney. It is drawn up in a notary's office and must be certified.

• certificate of ownership of land territory;
• cadastral passport of ownership;
• technical documentation for all buildings and structures located on this land plot;
• cadastral plan of the territory, which contains information about all adjacent areas.

Necessary documents for carrying out boundary work on a plot of land

In accordance with the current land legislation, there is the following list of necessary documents for carrying out boundary work:

1. Identification document of the initiator of the application. The applicant can be either an individual or an authorized person from the owner of the property with the obligatory presence of a power of attorney to apply to specialized authorities. Organizations, in turn, must have a constituent agreement of the company, a charter, a resolution characterizing the appointment of a certain person to a leadership position, as well as a document confirming the registration of the organization and the actual availability of tax records.
2. SNILS (individual personal account insurance number).
3. All possible documents in accordance with which the right to carry out any actions related to the land plot will be confirmed. These can be documents on inheritance, a purchase and sale agreement, exchange, donation or privatization, etc.
4. A document confirming the existence of ownership rights to a land plot. Such a document is a certificate from Rosreestr or an extract from the Unified State Register of Real Estate when registering rights to real estate after January 1, 2017, which can be obtained by contacting the MFC.
5. Application according to the provided sample on conducting boundary work on a land plot.
6. Justification of the identified boundaries of the agricultural allotment in the form of a cadastral plan or an extract from the Unified State Register of Real Estate, including the parameters of the allotment, as well as certificates from the BTI, which will confirm the absence of buildings on the territory.

Before contacting an organization specializing in boundary work, you must collect all of the above documents, which will allow you to complete the upcoming procedures a little faster. Documents must be submitted both in original form and copies thereof.

Some owners of agricultural territories are interested in the question of what documents are needed to carry out boundary work on a summer cottage if there is a decision from the local administration on the perpetual use of the land.

Of course, if the owner of such real estate has expressed a desire to carry out demarcation on it, then he must submit to the authorized organization an application for work, as well as all documents confirming the legal ownership of the plot.

We fill out a claim for establishing the boundaries of a land plot according to the sample

1. Claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, and other objects firmly connected to the land, as well as for the release of property from seizure, are filed in court at the location of these objects or seized property .
2. Claims of the testator's creditors brought before the heirs accept the inheritance are subject to the jurisdiction of the court at the place where the inheritance was opened.
3. Claims against carriers arising from contracts of carriage are filed in court at the location of the carrier against whom the claim was filed in the prescribed manner.

• Disagreement between neighbors about where exactly the border between their plots should be.
• Reluctance of the owner of a neighboring plot of land to participate in resolving a boundary dispute.
• A cadastral error, which the owner corrected, but the owner of the neighboring plot refused to voluntarily agree on the new location of the boundaries.

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Application form, content and sample

Before carrying out the delimitation procedure, it is necessary to draw up and submit an application to the authorized bodies. There are no specific rules on how this document should be drawn up. An application is drawn up in free form, but if there is a need for familiarization, a sample of the paper can be viewed in organizations that accept such documents and will issue ready-made papers in the future.

The official websites of such institutions also contain samples and forms of the necessary applications, which can be downloaded completely free of charge.

It is necessary to remember that the petition is drawn up on A-4 paper, grammatically and spelling correctly, using a black pen.

The document must contain information about the territorial location of the land, as well as all documentation related to the site.

Documents for land surveying

Another argument in favor of geodetic work is the absence of disputes with neighbors. If the application is submitted by the owner, and he initiated the land survey, no one will have the opportunity to appropriate part of his land. In other words, whoever made the first demarcation is right according to the law.

To carry out the land surveying procedure, the land owner will need to draw up an appropriate application and submit it to the responsible institution along with the documents that are needed in this case. What documents these are, why and where to submit them we will consider further.

How much does a land surveying plan cost?

The price depends on how many areas will be used and how much work will be performed. How much does a land surveying plan cost:

1. One plot – amount from 6 thousand rubles.
2. Allotment area up to 4 thousand m² - amount from 6 thousand rubles.
3. Registration of rights – amount from 9 thousand rubles.
4. Preparation of documentation – amount from 14 thousand rubles (this includes registration).
5. Shooting of clothes - amount from 14 thousand rubles.

The amount of shooting depends on the scale of the typographic image and how much land it covers.

New land owners often require land surveying . This is the name of a set of works to determine the boundaries of a land plot within an area, establishing its size, area and geographical location.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

Land surveying is sometimes necessary for legal registration of land ownership, its cadastral registration with government agencies, as well as for the construction of a house.

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Land survey agreement

This document is regulated by the 35th (clause 1) and 36th articles of Law No. 221-FZ of July 24, 2007.

The agreement is concluded before the start of cadastral work . On the one hand, it is signed by the customer - the owner (or a person who has the right to use on other grounds) of the site. The contractor is a geodetic company or a cadastral engineer working independently. It describes the main parameters by which the work will be carried out.

The document is filled out as follows:

1. The customer is the owner of the site. For an individual, the full name is indicated, for a legal entity, the full name of the organization.
2. The executor is a cadastral engineer or a geodetic company (the full name is also written down for it).
3. The section “subject of the contract” indicates information about the site (cadastral number, address, etc.) and the type of work that needs to be done with it, i.e. land surveying.
4. The maximum value is indicated as the deadline. The contractor can complete the work earlier, but if he is late, this will be a violation of the agreements. Penalties may apply.
5. The “price” item indicates the cost of surveying and additional services, as well as the total amount.
6. The payment method is usually chosen by the customer. This can be cash or non-cash payment.
7. At the end of the agreement, the full names of individuals and details of organizations are indicated, and the parties (their representatives) sign.

Land survey agreement can be found here.

Registration of a power of attorney

If the presence of the owner of the site is necessary during the survey, he can send a third party by issuing a power of attorney for him. It must be notarized

. A sample and form of a power of attorney can be obtained from a notary.

The document contains all information about the applicant. His passport details, title documents for the plot of land that is subject to land surveying

. The text specifies the person who is specifically entrusted to represent interests.

An authorized person can be a representative in the BTI, Rosreestr, he has the right to file a claim for land surveying and documents for registration of property rights.

Copying

A copy is a part of the master plan of a settlement, which schematically shows the site and surrounding areas. It must contain:

• decoding of symbols;
• indication of scale;
• Full name and position of the executor;
• Date of preparation.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

To obtain a copy, the owner must contact the architectural department of the administration or the multifunctional center. The document production period is 3 working days.

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Connection of an adjacent land plot to the main one

For example , for the construction of a country house in most regions of the country, an allotment of six acres is provided. Therefore, it will be possible to legitimize no more than this additional territory. But for individual housing construction, land of no more than 3 acres and it can only be increased by such an allotment.

What is?

Therefore, any owner of land received or acquired for the purpose of gardening, vegetable gardening, agricultural work or construction of an individual house can apply to legalize the territory belonging to the municipality.

Two neighbors, Maria and Veronica, contacted a surveying company and ordered a geodetic survey and drawing up a boundary plan for their adjacent plots, without explaining to the performers that this was being done for the purpose of further redistribution of the territory.

• registered in the state cadastre in accordance with the established procedure;
• belong to the same administrative district, because during redistribution there should be no change in the boundaries of municipal lands;
• belong to the same target category of land.

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List of documents

Thus, the redistribution of a land plot is a rather complex procedure that must be approached responsibly. To avoid errors, it is strongly recommended to enlist the help of a highly qualified lawyer

. This will help you significantly speed up the entire process and protect yourself from mistakes.

Attention! If you have any questions, you can consult with a lawyer for free by phone in Moscow, St. Petersburg, and throughout Russia the call is free. Calls are accepted 24 hours a day. It's fast and convenient!

The cutting of a land plot is carried out on the basis of Art. 39.29 Land Code of the Russian Federation . This procedure is available to citizens who own and use a plot of land intended for private housing construction, for gardening and vegetable gardening.

List of documents for registration

A resident of the Amur region, Mr. Semenov Valery Gennadievich, as an individual entrepreneur, is engaged in the cultivation of fruit and berry crops on his plot for the purpose of further processing them in his own canned food production enterprise. Due to the expansion of capacity, the entrepreneur needed new areas for growing fruits and vegetables. The choice was made in favor of an empty plot nearby. After studying the public cadastral map, the entrepreneur determined that the lands belonged to the local municipality. Mr. Semenov appealed to the authorized body with a request to add a nearby plot of land to his plot.

Owners of plots often declare their intention to annex additional areas related to municipal property to their territory. Lands added in this way are often called additions.

When is land surveying carried out?

Land surveying is mandatory in the following cases:

— when transferring state lands for rent or ownership to citizens and organizations of the Russian Federation;

- when selling a plot or a building on it and other transactions involving the transfer of ownership - donation, exchange;

- when dividing plots and when merging them;

— when allocating a plot and redistributing land;

- if there is no data on the land in the Unified State Register of Real Estate, and the ownership right was registered according to the laws before 1998;

- when the plot is not registered with the cadastral register (then it does not have a cadastral number) or the registration is made according to old standards until 2020;

- if land surveying has been done, but without cadastral registration, then you need to make a new plan, because the previous one could be outdated;

- when there is an error in the cadastre or register, then the data is clarified;

- if a dispute has arisen about land boundaries with neighbors.