How to find out information about the boundaries of a land plot: what it is, methods of verification and what information can be viewed

When registering land plots, an important step is the designation of its boundaries. This allows you to protect the property from the claims of third parties and confirm the legality of ownership of the area in the event of disputes.

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The lack of data in the real estate register entails certain difficulties in the alienation of land. Thus, in cadastral documents there may be an entry “The boundary of the land plot is not established in accordance with the requirements of land legislation.”

What does it mean

According to the legislation of the Russian Federation, registration of property rights to land plots is accompanied by the designation of their characteristics and boundaries in cadastral documents. Such a definition of an object allows for the smooth alienation of land, since the land survey minimizes the likelihood of violating the boundaries and rights of third parties.

In order to find out whether land surveying of a specific area was carried out, it is enough to study an extract from the Real Estate Register or a cadastral passport (if purchasing a plot before the end of 2020).

If paragraph 16, containing special notes, states “The boundary of the land plot is not established in accordance with the requirements of land legislation,” this indicates that land surveying was not carried out in a timely manner.

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.

In what case does this situation arise?

A similar situation may arise in the case where the territory under control was not demarcated, since previously the legislation of the Russian Federation allowed for the registration of plots of land without defining their boundaries. Such objects are currently not allowed to participate in transactions.

In addition, the absence of designated extreme points may be due to the registration of ownership of the plot under a simplified procedure in accordance with the “dacha amnesty”. In this case, the property is assigned a conditional number; there are no coordinates of turning points.

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.

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Unaccounted for and previously accounted areas

Among the many land plots that make up the state territory, the largest share is made up of:

unregistered lands;
previously recorded areas.

Unregistered lands

Unregistered areas include areas that:

are not entered into the real estate cadastre in the manner required by law;
are not registered;
do not have an assigned number.

These can be both areas that have not previously participated in land relations, as well as previously used lands, information about which was lost in one period or another.

According to paragraph 1 of Art. 37 of the Land Code, only registered plots have the right to participate in commercial and non-commercial transactions . In the absence of data in the real estate cadastre, it will be impossible to carry out such transactions. In addition, neglect of cadastral registration complicates the recognition of the legality of land ownership rights.

In judicial practice, there is a case when a citizen filed a statement of claim, the essence of which was the intention to register ownership of a plot of land received for use by a state farm. After the expiration of the period for which the area was allocated, no extension of use was carried out, and there were no timely requests to local governments for the transfer of property rights. This territory does not appear in the cadastral register; the state farm did not register property rights. Based on this, the court found that there was no basis for marking the boundaries of this site and assigning ownership rights to the plaintiff.

Previously registered lands

The legislation provides for the definition of previously registered areas, which are recognized as:

In accordance with Art. 69, clause 4 “On state registration of real estate” are those objects whose registration (technical or cadastral) was carried out before the old Cadastre Law came into force.
Lands for which no registration has been made, but property rights have been registered and a conditional number has been assigned in accordance with the old Cadastre Law. This also includes areas that:
the accuracy of identifying distinctive points is lower than established;
the coordinate value does not provide a detailed designation of a particular point due to incomplete data.

In order to avoid problems associated with the operation of areas with undefined boundaries and their turnover, it is necessary to timely register such objects with cadastral registration. This procedure includes:

Preparation of a package of documents.
Submission of the completed package to Rosreestr at the location of the land plot.
Writing an application for the need for land cadastral registration.

When accepting documents, an inventory is drawn up with a mark indicating the date of receipt of the application. The review period takes up to 5 days excluding weekends and holidays.

Find out whether an individual entrepreneur can participate in the Young Family program. How to register in an apartment? The lawyer answers the most popular questions about registration here.

In the case of registering a property, information about which was previously entered into the register, a new extract with cadastral passport data is issued on the basis of the old document.

Is it necessary to set boundaries?

Until the end of 2020, it is possible to carry out purchase and sale transactions with land plots that have not previously been surveyed; after the expiration of the allotted period, such an opportunity will not be available. For this reason, it is necessary to take care in advance to determine the boundaries of the property on the ground.

In addition to the possibility of carrying out transactions, land surveying plays an important role:

in resolving disputes arising between neighbors about the boundaries of adjacent plots;
ensures the correctness of land tax calculation.

Who is allowed to travel to Europe during the spread of coronavirus?

Employees of diplomatic organizations and international medical services. The crew of international flights of aircraft, sea ships and railway trains traveling to foreign countries.
All European countries are allowed to return their citizens, including those who have dual citizenship with Russia.
Many EU and Schengen countries are allowed to come to those who work, study or go for treatment to this country (holders of a national visa category D), having the status of a residence permit or permanent residence in this country.

In the summer of 2020, Russian citizens can obtain a national visa category D to Poland. Thus, it will be possible to fly to Poland and then travel to other European countries, since from June 15, 2020, the borders for travel between most EU countries and the Schengen area are open.

More information about obtaining a national visa D to Poland and medical invitations for a trip to Germany, Italy and Finland in the summer and autumn of 2020 can be found by calling: +7 (985) 522-05-05 and on the website 100viz.com.

National visa category D is issued for work, study, treatment or business. Unlike the usual Schengen visa category C for tourists, it allows you to travel to European countries during closed borders.

Some countries allow you to remotely obtain citizenship or a residence permit in case of purchasing real estate or investing in the country. Return to contents

European countries outside the EU and the Schengen area that opened their borders to Russians in August and September 2020

There are a number of countries that are not part of the EU and the Schengen zone, some of them have opened their borders to Russian citizens.

The UK allows Russians to enter and has begun issuing visas. For questions about obtaining a UK visa, please contact visa specialists by phone: +7 (985) 522-05-05 (WhatsApp, Viber). International flights from Russia to this country have also been resumed since August 1, 2020.
Montenegro has opened its borders to Russians. You do not need a visa to travel to Montenegro.
In August you can go to Croatia. The country is not part of the Schengen zone, but you can travel to it with a valid Schengen visa or you need to apply for a national visa.
Albania allows Russians to enter.
Serbia was one of the first countries to open its borders after the coronavirus.
On August 1, international flights from Russia to Turkey for tourists resumed.

What documents are needed

The package of documents for cadastral registration of a real estate property with uncertain boundaries according to the requirements includes:

original and duplicate passport;
right supporting documents;
land survey plan with a signed act on the coordination of boundaries with neighbors;
if a dispute arises and is resolved, a duplicate of the resolution document;
a receipt confirming payment of the fee;
the actual statement.

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Important! When preparing documents in advance, they will require notarization; if originals are provided, copies taken at the time of application do not require certification.

How to set the boundaries of a land plot

The designation of the boundaries of real estate objects is carried out by land surveying, which involves the following stages:

Selecting a surveying company licensed to carry out work of this nature.
Providing documents confirming the legal right of the applicant to own the land plot for which land surveying is planned:
extract from the Unified State Register or certificate of ownership;
the agreement on the basis of which the right arose.
Notifying neighbors about planned work. This point is of particular importance, since, having learned about the upcoming procedure for delimiting the site from an official source, the neighbors will have to be present during the work to coordinate the boundaries, or, by not appearing, by default confirm the absence of claims.
Providing a ready-made land surveying plan. Based on this document, an approval act is signed, which confirms the agreement of the owners of adjacent territories with the designated boundaries. The customer is also provided with an act of acceptance and transfer of used boundary markers.
Information is transferred to the real estate register by an engineer from a geodetic company. Based on the data provided by him, the boundaries of the site are displayed on the cadastral map. The original boundary plan is issued directly to the customer.

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The time frame for completing the boundary delineation service can take from 2 weeks to 2 months, which depends on the response of the owners of neighboring plots . Land surveying is paid separately from state fees provided for registration of land plots.

On establishing the boundaries of land plots

To date, the Unified State Register of Real Estate (USRN) contains information about the boundaries of only 35% of land plots. Russian legislation does not oblige the owner of a land plot to carry out surveying and clarification of the boundaries of the plot: now this procedure is carried out at the discretion of the owner and is of a voluntary, declarative nature. But in the future it may become mandatory for everyone.

If it is mandatory, without carrying out the mandatory procedure for determining the boundaries (land surveying) of a land plot, the copyright holder will not be able to dispose of his land plot. This means that it will be impossible to sell, donate, or inherit a land plot whose boundaries have not been established, regardless of whether or not there is a certificate of ownership of this plot.

The “dacha amnesty” law adopted in 2006 significantly simplified the procedure for registering citizens’ rights to certain real estate properties, including abolishing the obligation to carry out land surveying procedures. Now, even in order to sell a plot, it is not necessary to survey and set boundaries. On the one hand, this is a blessing - the procedure for registering land ownership has become very simple and cheap indeed. However, it is also designed for good neighbors.

As a rule, the cause of most conflicts between owners of adjacent land plots is the lack of clearly defined boundaries.

If it is necessary to resolve a dispute about the location of land plots, the boundaries of which have not been established in the manner prescribed by law, the decision is made by the court. At the same time, in court, it is often difficult for copyright holders to prove where the border of the land plot should have been. It is in this situation that abuses, disputes, as well as unauthorized seizure of a land plot by neighbors and other persons are possible.

The rights holders who were the first to carry out the land surveying procedure and register their land plot in the cadastral register will be in a more advantageous position.

How to carry out the procedure for registering the boundaries of your land plot?

We remind you that entering information into the Unified State Register is of a declarative nature, that is, the obligation to clarify the boundaries rests with the owner.

First, you need to contact a cadastral engineer and carry out cadastral work (land surveying). After this, you should submit an application and a completed package of documents to the Cadastral Chamber. This can be done through multifunctional centers or reception windows for issuing documents of the Cadastral Chamber. Within 5 working days, information about the officially established boundaries of the land plot, in the absence of grounds for suspending cadastral registration, will be entered into the Unified State Register and an Extract from the Unified State Register containing information about the boundaries will be provided (if you wish). There is no fee for registration with the state cadastral register, including entering information about the boundaries of the site. However, the services of a cadastral engineer are provided for a fee on the basis of a contract for cadastral work (surveying).

When surveying, owners may encounter the problem of crossing boundaries. Overlapping of land plots is a fairly common phenomenon. The cadastral engineer takes the official consent of your neighbors that your fence is installed exactly where it is supposed to be and does not encroach on someone else’s territory. But during the measurements, it may, for example, turn out that the fence was installed incorrectly and is blocking part of the neighbor’s property. This may occur due to a previously made cadastral error when surveying a neighboring plot. If a compromise can be found with the neighbors, the cadastral engineer will prepare a boundary plan in which he will record the error and attach a draft correction, as well as an agreement with the neighbors. If the neighbors refuse to “move” the borders, they will have to go to court.

How can I find out if there is information about the boundaries of a land plot in the Unified State Register of Real Estate?

Finding out about the availability of information about the boundaries of a land plot is quite simple. This can be done over the Internet. To do this, on the Rosreestr portal (rosreestr.ru) in the “Public Cadastral Map” section, you need to enter the cadastral number of the land plot, on which, if there are boundaries, the land plot will be displayed.

Also, information about the established boundaries of land plots is indicated in the extract from the Unified State Register of Real Estate about the property, which can be requested from the MFC, on the Rosreestr website (rosreestr.ru) or using the Unified Portal of State Services (gosuslugi.ru) on a paid basis.

The wording “the boundary of the land plot is not established”, “without border coordinates” means that the location of the plot in the cadastre is not indicated or is indicated approximately. Therefore, cadastral work (land surveying) should be carried out.

Entering information about boundaries into the cadastre is a guarantee of the rights of owners, avoiding administrative fines, and will also minimize the occurrence of land disputes.

Therefore, right holders of land plots should now think about determining the location of the boundaries of their real estate in order to avoid problems in the future.

How to check the qualifications of a cadastral engineer?

Cadastral engineers are specialists who prepare documents (technical and boundary plans, survey reports, etc.) for registering real estate with the state cadastral register.

Today in the Republic of Sakha (Yakutia) there are 338 qualified cadastral engineers. To make it easier for citizens, a special rating has been formed taking into account the criteria for the timing and quality of their cadastral work. On the website of Rosreestr – www.rosreestr.ru, the “Register of Cadastral Engineers” service has been opened, thanks to which you can find out all the latest information about cadastral engineers.

Using this service, you can obtain information about each cadastral engineer admitted to work in his specialty, and if a specialist is excluded from the list, a record indicating the cancellation of the qualification certificate. The rating also displays the number of positive decisions on registration based on documents prepared by the cadastral engineer, the number of refusals to carry out cadastral registration due to poor quality of document preparation, and the number of errors made by the engineer.

The service's capabilities allow you to search by specified criteria - for example, by the name of the cadastral engineer, by the number of the qualification certificate, or by region.

FFGBU FKP Rosreestr for the Republic of Sakha (Yakutia)

What to do if disputes arise with neighbors

Often, uncertain boundaries of land plots become a stumbling block when agreeing on these parameters with neighbors. Land surveying allows you to prevent this problem, because if it comes to judicial debate, the court’s decision will be based primarily on the fact that the characteristic points have been designated, because they can be used to track possible violations of the rights of third parties.

Find out where to start legalizing redevelopment. How to register a plot of land as a property? Instructions follow the link.

Read all about the extract from the Unified State Register of Real Estate on the transfer of rights to a property in the article.

In the event that a dispute arises during which it is not possible to resolve peacefully the placement of a fence separating the plots, it is necessary:

Contact the authorized bodies with a request to carry out land surveying.
To respect the interests of all parties interested in how the territory will be correctly demarcated, all neighbors are notified in writing before the event. On the appointed day they must be present at the site.
If the notification has been repeatedly ignored, land surveying is allowed in the absence of a third party.
If there are further claims and disagreement with the results, neighbors have the right to go to court with documents confirming the right of ownership of the site and other certificates confirming the boundaries and legality of use of the territory.

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Clarification of land boundaries in 2020

At the beginning of the final quarter of 2020, let us remind you what clarification of the boundaries of a land plot is and why it needs to be done

First of all, clarification of boundaries is a set of works by a cadastral engineer, the result of which is the entry into the Unified State Register of Information about the exact coordinates of the turning points of the boundaries of the land plot. Based on this definition, it becomes clear that the boundaries should be clarified if information about the coordinates of the turning points of the site is not available in the Unified State Register of Real Estate, or if there are coordinates, but they are not accurate (the accuracy of the coordinates is below the standard). Also, those land plots whose boundaries are established with the necessary accuracy, but a registry (cadastral) error was made, are subject to clarification of the boundaries.

How to find out whether a plot of land is subject to thinning or not?

1) From publicly available free sources (public cadastral map). First, pay attention to the status of the object: if the status is “registered,” then clarification of the boundaries will only be required if a registry (cadastral) error was made during registration. The previously taken into account status means that if cadastral work has not been carried out to date, then clarification of the boundaries will be required. Also, the need to clarify the boundaries and, accordingly, the area can be indicated by the type of area of the plot, which can be found on the public cadastral map: the specified area - everything is fine, the declared area - you need to clarify the boundaries and area.

2) For a fee (extract from the Unified State Register). A more accurate way to deal with the need to clarify boundaries is to look at an extract from the Unified State Register of Real Estate about the property (specifically about the property, and not about the main characteristics and registered rights). If in Section 1 of such an extract, in the “Special Notes” detail, it is indicated that the boundary of the land plot is not established in accordance with the requirements of land legislation, then clarification of the boundaries is required. Also, the need to clarify the boundaries can be checked by looking at section 3.2 of such an extract: information about the characteristic points of the boundary. If there are coordinates, but there is a dash in the accuracy (Mt) column, or the accuracy value is indicated below the standard (for example, for settlements the standard accuracy is 0.1 m), the boundaries of the land plot must be clarified. If the extract from the Unified State Register of Real Estate about the property does not contain section 3.2, the boundaries of the land plot must be clarified.

You can check the need to clarify the boundaries using an extract from the Unified State Register using an automated audit of the property on our website.

Why do you need to clarify the boundaries of a land plot?

1) To suppress illegal actions of other persons. The main goal of clarifying boundaries is to bring the actual boundaries of land plots into compliance with the data of the Unified State Register of Real Estate. As a rule, previously registered land plots in the Moscow region, for which cadastral work has not been carried out, are on the cadastral register without boundaries, that is, such plots cannot be seen on the cadastral map, which can lead to partial or complete squatting of the plot by neighbors. A large number of land disputes between neighbors arise precisely because the Unified State Register of Real Estate does not contain information about the boundaries of their land plots, so it is difficult to justify the legal location of the actual fences.

2) To correct errors. You can use a plot of land within the established fence for a long time and think that it is 6 acres, but in fact it turns out that the fence encloses only 5 acres or, for example, 7 acres. That is, the area actually used does not correspond to the document, and it is better to eliminate this discrepancy by clarifying the boundaries and area of the site.

3) For the acquisition of ownership or lease of a land plot. According to current legislation, it is not prohibited to make transactions with plots whose boundaries are not specified. However, it will not be possible to lease or acquire ownership of a state or municipal land plot with unspecified boundaries. Thus, according to the administrative regulations for the provision of land plots, the Moscow City Property Department refuses to provide a land plot, the boundaries of which are not established in accordance with current legislation, and invites the applicant to carry out cadastral work to clarify the boundaries, and only then apply for the provision of a plot.

4) To transform land plots. The transformation of land plots refers to the division, allocation, consolidation or redistribution of land plots, as a result of which new land plots are formed and registered in the cadastral register, and the original ones are deregistered. In this case, only land plots that fully comply with the requirements of current legislation, including regarding the status of borders, are subject to transformation. An exception is the division procedure with the preservation of the original land plot within the changed boundaries.

What documents are needed to clarify boundaries? The main document is the boundary plan, which is prepared by the cadastral engineer. However, a cadastral engineer cannot prepare a boundary plan using only his survey data. According to paragraph 10 of Article 22 218-FZ, the boundary plan in connection with clarification of boundaries is prepared on the basis of one of the following documents:

a document confirming the right to a land plot;
a document that defined the boundaries of the site when it was formed;
a document confirming the existence of boundaries in the area for 15 years or more.

It is important to understand that each subsequent document from the list can only be used if the previous one is missing. Thus, it is impossible to prepare a boundary plan to clarify the boundaries of a land plot on the basis of a document confirming the existence of boundaries on the ground for 15 years or more, if there is a document on the formation of the land plot and it contains information about the boundaries of the plot.