On the need to survey a garden plot if there is a cadastral number
Carrying out land surveying is a fairly expensive procedure.
It is for this reason that many owners are interested in why land surveying should be done at all if the plot is registered in the cadastre, and moreover, if it has a cadastral passport. Why is land surveying necessary if it has a number in the register? In accordance with the Land Code, upon receiving a document on ownership of a land plot and drawing up a cadastral document for it, a citizen must begin to establish the specific boundaries of the plot.
Can a cadastral number be assigned to a land plot without a boundary plan?
If the owner has land with an old cadastral passport, then he can independently or with a specialist determine whether it complies with legal requirements; Is it necessary to carry out land surveying if there is already a cadastral passport.
Strong arguments in favor of land surveying:
- the opportunity to increase the area of your plot.
- the ability to dispose of land at your own discretion;
- the opportunity to isolate one’s own from the claims of the owners of adjacent territories;
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The negative aspects of separating a plot include: Even if you have a cadastral passport, carry out land surveying before 2019 in order to become the full owner of the land and be able to dispose of it.
How to obtain a cadastral passport of a land plot
A cadastral passport is a document that contains official data about a specific property. It is necessary if they plan to sell, donate, or make other transactions with the land plot. It is very easy to obtain this document if the property is already registered and has its own cadastral number.
Without the survey procedure, it is impossible to register the land and obtain a cadastral passport. It is not enough to put up a fence and enclose your property; you must legally confirm its boundaries. This procedure is carried out by specialized non-state companies. It is very difficult to carry out land surveying on your own.
Sale of part of a land plot with one cadastral number
- Certificate confirming ownership of a plot of land;
- An agreement or other document you have, by virtue of which the right of ownership or the right to use a land plot arose (purchase and sale, lease, inheritance, donation, exchange and other basis documents, including a court decision);
- Site survey plan drawn up by a mandatory licensed organization (paper and electronic version);
- A permitting document from the local Administration, if the owner of the land plot is the state represented by a local government body (usually this is a resolution of the head of the local Administration);
- A power of attorney on behalf of each owner to carry out actions related to registration, if the plot is shared ownership. The document must be certified by a notary;
- Receipt for payment of state duty.
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Due to the provisions of the current legislation, after the division of the original plot, several new ones are allocated, while the original plot must cease to exist. In the case of dividing a common plot owned by gardening and vegetable gardening organizations, a slightly different procedure applies.
If the site is owned, does it need to be re-landmarked?
On the site there is a store building, which is also owned. Please explain to me, I just don’t understand something about this. I understand that if the land is in dachas, there are close neighbors, it must be legalized and surveyed. But the store is located separately from residential buildings, far from other stores, and the area of land has long been known and owned for a long time. Land surveying is a very expensive pleasure for us! Thank you in advance.
Land surveying Carry out cadastral work to determine the boundaries of public land plots, as well as the local area. We will redefine and clarify the boundaries of the land plot with the formation of a boundary plan and cadastral registration. Registration period is 1 month
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How to survey a plot of land in 2020
Gratuitousness means that cadastral work is carried out by a cadastral engineer instead of the owner, who carries out complex work at the expense of municipal or state money.
Every citizen of Russia, when registering any type of land plot, must register it in the personnel register. But this operation cannot be carried out if there is no special boundary plan for the site. As was the case before, such a plan is needed to indicate clear boundaries and coordinates of the location of the territory, however, the boundary plan will be slightly changed from January 1, 2018.
Features of land surveying in SNT with a cadastral number
- Passport . You will need identification of the owner in whose name the plot is registered. He can be replaced by a representative for whom a power of attorney certified by a notary has been issued.
- Certificate of ownership of a plot in SNT or an extract from the Unified State Register of Real Estate. If the land is not owned, but any document is needed on the allocation of the plot to a person for indefinite use.
- Any technical documentation for the site.
- Statement . Filled out on the letterhead of the organization or written randomly by hand.
- Disputes with neighbors regarding boundaries . The situation is aggravated in the case when a cadastral engineer has already visited adjacent areas. In reality, the owner may not have the size of the plot that was stated upon receipt. Not everyone measured their plots, but were guided by the boundary, which could not accurately reflect the area of the allotment.
- Sale of land . It is unlikely that the buyer will want to receive a plot on which the coordinates of the boundaries are not clearly marked. Everyone knows how quickly neighbors' fences appear and the property can become much smaller than what you bought.
- Donation and bequest . It is preferable to first do the surveying and then complete the paperwork.
- The need to erect buildings or fences . By calling a surveyor who will accurately determine the boundaries, you will be calm that you will not violate the law or someone else’s border.
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Is it possible to get a cadastral number without land surveying?
Cadastral work can only be carried out by someone who has a special license to carry it out. Why is this necessary? As you know, starting from 2020, no land transactions will be possible without land surveying. This is certainly reason enough to do it soon.
After this period, to identify a land plot, only an extract from the Unified State Register is sufficient. This article will discuss the use of an existing cadastral passport, as well as the reasons for the mandatory carrying out of boundary work on a land plot. Is land surveying necessary if you have a cadastral passport? The survey procedure involves carrying out certain legally significant actions, the purpose of which is to isolate a land plot from adjacent territories, calculate the exact area and register land ownership rights.
Is land surveying required when selling?
Therefore, many potential buyers avoid such areas. This is the reason why land surveying is mandatory. Moreover, in 2020 a decree will be introduced according to which the sale and purchase of plots without a completed procedure will be considered illegal.
One of the striking examples of areas that did not go through the land surveying process are those garden lands that are registered in accordance with the “Dacha Amnesty”. Such areas have all the necessary documents, but in the boundary column there is a note indicating that they have not been established. The purchase and sale of such plots is permitted by law until 2020.
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Important information on how to register a plot of land without land surveying
Important
Imagine purchasing a piece of land with only a rough outline of its boundaries. If you yourself incorrectly determine its boundaries on the ground, this may threaten you with significant troubles in the future, the least of which may be constant conflicts with the owners of neighboring plots. In addition, land surveying has many obvious advantages.
So, by surveying your plot, you will be able to slightly expand its boundaries, based on those that exist in fact, and not on paper, and therefore increase the area of your land plot. You just need to remember that land surveying requires mandatory coordination of boundaries with your neighbors so that your expansion does not affect their interests.
How to survey a garden plot
- Moscow: +7(499)350-6630.
- St. Petersburg: +7(812)309-3667.
- Collection of necessary documents;
- Coordination of allotment boundaries with the owners of neighboring plots;
- Selecting a contractor company performing cadastral work;
- Agreeing with the selected company on the timing of the work and its cost;
- Signing a survey agreement with the contractor;
- Carrying out measuring and calculation work on the territory of the allotment by a cadastral engineer;
- Processing measurement results and drawing up a draft land survey plan;
- Coordination of the draft land survey plan with the customer and neighboring landowners;
- Coordination of the draft boundary plan with the SNT administration and the cadastral chamber;
- Registration and receipt by the customer of a boundary plan.
According to paragraph 3 of Art. 39 of the Federal Law “On Cadastral Activities”, land surveying can be carried out not only by the owners and tenants of this plot, but also by those using it by the right of free permanent use or lifelong inheritable possession.
Will they assign a Cadastral Number without Land Surveying?
In this case, the boundaries are consistent with the owners of neighboring plots.
The results are entered into the State Cadastre. However, many owners prefer to carry out this procedure without asking themselves whether land surveying is necessary if they have a cadastral passport, as it helps to clarify the boundaries between neighboring plots. At the same time, a person who owns a plot without securing ownership rights, which is officially certified only by Rosreestr, will not be able to substantiate a legal precedent for the emergence of the right. Grounds for obtaining Legal precedents giving the right of actual ownership may be as follows: In other cases, the official basis for assigning a cadastral number to a property is: a title document for the allocation of land plots; certificate of inheritance; act of the administrative commission on permission to use; extract from the court decision.
Is land surveying necessary if there is a cadastral number?
The situation is slightly different if the easement extends only to part of the land plot. In this case, it is not enough to demarcate the area. It is necessary to highlight within it those parts that are subject to the encumbrance. In practice, cadastral work under an easement looks like this:
- Availability of license and permission. You can check it on the Rosreestr website. It contains all the information about licensed specialists. You will be able to track not only the availability of a license, but also the contractor’s past professional experience and the number of refusals. It should be noted that a mistake made by a cadastral engineer will lead to many problems, so information about experience is more important than any recommendations and reviews.
- Pricing transparency. It is not difficult to imagine a situation where, at a preliminary consultation, the customer is told one cost of work, and during its implementation it unexpectedly increases. If there is a possibility of such a price increase, it should be reflected in the contract.
- Technical equipment. Surveying includes the field stage, during which the surveyor takes a survey and determines the coordinates of turning points. Of course, no one measures boundaries using a tape measure; geodetic equipment is used for this. It is good if the contractor has his own equipment. This will help reduce the cost of work and also provide a guarantee that the devices undergo mandatory periodic inspection.
What is the difference between cadastral passport and land surveying?
» Land » Is land surveying necessary if you have a cadastral passport?
The need to obtain a cadastral passport for land was relevant until 2020. After this period, to identify a land plot, only an extract from the Unified State Register is sufficient.
This article will discuss the use of an existing cadastral passport, as well as the reasons for the mandatory carrying out of boundary work on a land plot.
Is land surveying necessary if you have a cadastral passport?
The land surveying procedure involves carrying out certain legally significant actions, the purpose of which is to isolate a land plot from adjacent territories, calculate the exact area and register ownership of the land.
When concluding an agreement with an organization providing geodetic services, be sure to check whether there is a license to perform this type of work. Otherwise, the results of the conclusion of an organization that does not have permission to carry out boundary work will be declared invalid and the process of delimiting the site will have to start again.
Circumstances under which surveying is necessary:
- registration of ownership of a land plot;
- delineation of a site from adjacent territories (allotments of owners of neighboring lands or lands under state jurisdiction);
- combining several plots of land into a common plot or dividing a plot into several separate parts.
The presence of a cadastral passport among land owners often does not mean that land surveying has previously been carried out on their plots. The cadastral passport contains information about the owner of the plot (full name, passport details), plot number and approximate area.
This information is not enough to accurately identify a land plot in the electronic databases of cadastral services.
In this regard, starting from 2020, mandatory land surveying will be established. If the procedure is not carried out, then it will be impossible to carry out any transactions (sale, donation) for the alienation of the plot.
Also, the need to introduce mandatory land surveying is due to the fact that many conflict situations arise with the owners of neighboring plots regarding the issue of establishing the boundaries of the territories. These issues often cannot be resolved peacefully; in most cases, cases are resolved in court.
Why do land surveying if you have a cadastral passport for the plot?
Owners of cadastral passports obtained in a simplified mode (without land surveying) can use the land plot for their needs; this is not prohibited by law. But if your plans include the sale, donation or inheritance of a land plot, then you will have to establish the boundaries of your plot.
Land surveying.
Read about the timing and cost of land surveying here.
Land surveying is carried out by government agencies on a planned basis and by commercial organizations working on request.
If there is no need for urgent land surveying, wait for your turn to establish the boundaries of the site within the framework of the state program, free of charge (information about the planned survey can be found on the website of the local administration).
If you need an urgent sale of a plot, contact private geodetic companies. The cost of surveying services is calculated based on the size of the site, terrain features, and complexity of the landscape. On average, the price for establishing the boundaries of a land plot is from 10 thousand rubles.
Based on the current situation (the need to sell the site, pass it on by inheritance, fence it off from neighbors, financial capabilities of the owner), make a decision on urgent or planned land surveying.
Pros and cons of land surveying
Strong arguments in favor of land surveying:
- the opportunity to isolate your site from claims from the owners of adjacent territories;
- the ability to dispose of land at your own discretion;
- the opportunity to increase the area of your plot.
The negative aspects of separating a site include:
- material costs (payment for boundary work, collection of necessary documents, consultations with specialists);
- duration of the process. It takes from 2 to 3 months in a standard situation (no controversial issues with neighbors, availability of necessary documents). If conflicts arise with the owners of adjacent plots, the process of land surveying can be significantly delayed.
Even if you have a cadastral passport, carry out land surveying before 2020 in order to become the full owner of the land and be able to dispose of it.
How to make a land survey
The land surveying procedure consists of the following mandatory steps:
- notify the owners of neighboring plots in writing about the establishment of the boundaries of the site (one month before the work);
- enter into an agreement with a geodetic organization;
- arrange for an engineer to visit the site;
- monitor the carrying out of boundary work and organize the presence of owners of adjacent plots (determining the size of the plot, placing boundary signs);
- registration by an engineer of a boundary plan (includes information about the area of the site, the presence of easements, the boundaries of adjacent plots);
- register the land survey plan with the local administration.
Before formalizing a contractual relationship with a geodetic organization, send them an official statement about the need to carry out boundary work.
The process of notifying owners of adjacent territories can be entrusted to representatives of the cadastral organization. The cost of the bottom service is 250 rubles per notification. Confirmation of informing neighbors is necessary in case controversial situations arise as a result of boundary work.
Notifications of work with a mark of receipt by the owners of adjacent territories are a powerful argument in court proceedings when the land surveying procedure was carried out in the absence of neighbors.
There are cases when it is not possible to contact neighbors (unknown location, stay on a long business trip, hospital treatment), in such circumstances, submit an advertisement about the planned boundary work in the local newspaper. In case of legal disputes, this procedure will be equivalent to proper notification of the owners of adjacent plots.
The work itself to establish the boundaries of the site is carried out within a period not exceeding 14 days (an engineer visiting the site, taking measurements, installing boundary signs).
However, taking into account notifying neighbors (30 days before the procedure), drawing up a land survey plan (10-14 days), and registering a land survey plan in the territorial division of the local government (7-10 days), the process takes an average of 2 months.
Determining exact boundaries: is land surveying necessary if there is a cadastral passport?
The cadastral passport, which everyone got used to in the past, is no longer relevant.
Few people know, but starting from 2020, an extract from the Unified State Register of Real Estate replaces this document.
In this article we will analyze not only information regarding the cadastral passport, but also touch on an equally important topic such as land surveying. We will also figure out whether it is necessary to carry out the procedure for delimiting plots if a cadastral passport for a land plot and land in SNT was received earlier.
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What is this procedure and why is it needed?
The very concept of land surveying implies a number of important procedures, the purpose of which is to determine the exact boundaries of a land plot, its size, as well as their subsequent legalization through systematization and registration.
There are a number of reasons why land surveying is necessary:
- registration of land in your own possession;
- precise determination of the boundaries of the land plot;
- in case of redistribution of the site: division and merger.
Find out about the possibility of a free event at the expense of the municipality. And also the nuances of determining the cost of cadastral work!
Is it necessary to make a distinction if you have a cadastral passport?
First, let's define the cadastral passport. Some people believe that land surveying implies a cadastral passport.
In reality this is not the case. A cadastral passport means a paper that contains the owner’s full name, plot number and other information regarding the plot.
Previously, it was a common practice when land surveying was simply not carried out, and land owners received a passport just like that. Now, due to problems that have arisen (there are no precisely defined boundaries, etc.), starting from 2020 it will be necessary to carry out the delimitation procedure.
Those. Until you do this, you won’t be able to do anything with the site. Also, one of the reasons for the introduction of mandatory land surveying is that due to the lack of precise boundaries of the site, conflict situations often occurred with neighboring plots , which often led to litigation.
Features of the procedure with allotments in SNT
It was mentioned above that quite often a cadastral passport was issued without land surveying, and accordingly, the exact boundaries of the site were not determined. The land plots of SNT belong to dacha cooperatives; in their possessions there is a map of each plot that belongs to their cooperative and on this map the very boundaries are indicated.
For the umpteenth time, the “dacha amnesty”, first adopted in the summer of 2006 No. 93-FZ, has been extended, which allows manipulation of the land without land surveying. The main condition is that the plot must be in your possession before the entry into force of the RF Land Code dated October 25, 2001.
That is, land surveying does not need to be done before the end of the amnesty period, but it is very desirable , since very often the owner can arbitrarily increase his plot with the help of someone else’s neighbor’s or unused land, which again is likely to lead to a conflict, especially if the neighbors’ plot is involved.
From all this we can conclude that land surveying is not necessary if you have a cadastral passport, but only until 2020. This is regulated by Decree of the Government of the Russian Federation No. 2236-r.
It must be carried out in accordance with the requirements and in sequence in accordance with Federal Law No. 78 “On Land Management”.
The main thing is not to delay this and do it in the near future , since then it will take much longer.
Check out the current video on the subtitle topic below:
Don't want to stand in line, but need to get a cadastral passport?
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The Boundary Setting Process
- Before surveying begins, information about the land allotment is studied in detail and systematized.
- After this, the surveyor goes to your site with the following purposes:
- determine the condition of the boundary signs;
- explore points of the boundary network;
- determine the exact boundaries of the plot.
- After this, a meeting of neighbors is held to agree on the established boundaries.
It is imperative to notify the owners of neighboring plots a month in advance.
This task is performed by a cadastral engineer. His task is to find out information about neighbors in order to be able to contact them to notify them about the upcoming meeting. Sometimes information is even published in newspapers for these purposes (if contact cannot be reached by other means).
But this happens rarely and in most cases is pointless, since few people read these publications. Next, boundary signs are fixed, the size of the land and the supporting boundary network are determined, and data on the boundaries is obtained.
From all this, a land survey plan is drawn up, containing all the systematic information about the land survey:
Source: https://ps-62.ru/avtorskoe-pravo/kadastrovyj-pasport-i-mezhevanie-v-chem-raznitsa.html
What documents are issued after land surveying?
The above authorities have sample applications that you can use. If you are preparing a document in advance, bring it with you and provide it along with the original documents. After verification, the employee of the competent authority leaves copies of them.
However, today government authorities have decided to expand the tax base with the help of land plots, as well as reduce the number of objects that are not taken into account. Next, we will consider the question of what papers are provided based on the results of cadastral work and what actions need to be performed with them.
What will happen if land surveying is not done before 2020
Previously, cadastral work was not required to place plots on the register. These areas are considered previously taken into account. Therefore, the owners of these plots will be issued instructions on the need to carry out cadastral work, the so-called land surveying, as a result of which the exact location of all boundaries of the plot and the correct size of the area will be established.
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Before proceeding with the land surveying procedure, the owner should provide identification documents, usually a civil passport, as well as documents that indicate the right to own the land plot. Such documents can be contracts of sale, donation, documents confirming inheritance.
Registration of real estate for cadastral registration
If you are not going to conduct transactions, but only use it, then you don’t have to receive a cadastral passport for the building. But, if you want to inherit, give or sell a house, you need to register the house with the State Real Estate Register.
If a citizen intends to dispose of his property fully and legally, it must first be registered with the cadastral register. This is done to ensure that the status of the property is accurately determined. To do this, it is necessary to create a package of documents, which can take a lot of time if prepared independently; the time frame for registering a land plot with cadastral registration does not exceed 10 working days. The same time is established for other types of real estate. Cadastral registration of property is no less important than registration of property rights. Without it, you will not be able to carry out a single transaction, so you need to be very careful about this procedure.
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Is land surveying necessary if you have a cadastral passport?
Land surveying is beneficial for every owner. After all, if this procedure is not carried out, the owner of the memory will not have the opportunity to fully manage it. And the potential owner of this land plot, who wants to buy or rent it, will not receive this opportunity until the boundaries are determined.
- Collection of necessary documents. It is imperative to prepare a document on ownership, a purchase and sale agreement or deed of gift, the owner’s passport or a power of attorney (if a representative is acting).
- Selecting a company that will carry out land surveying and concluding an agreement with it. The work can also be carried out by a separate individual entrepreneur represented by a cadastral manager. It is important that he has a license.
- Direct implementation of land surveying. First, they receive information about the property, review documents, and analyze neighbors’ addresses.
- Then a boundary project is created. Owners of adjacent properties are notified that work will be carried out. Next, they carry out work on the site - they determine the boundaries of the territory, and receive an act of approval of the boundaries with the neighboring land plots. Then they conduct a survey, determine the coordinates of boundary markers, calculate the area, and create a drawing with boundaries.
- Based on the data received, a boundary plan is created. It is compiled in paper form, secured with the signature of the working engineer and the company seal. A digital signature is used to sign the electronic version of the plan.
- Next, the owner needs to contact Rosreestr to submit the drawn up boundary plan. This can be done using mail or the Internet.
Is land surveying carried out if a cadastral passport was previously issued?
Stage 4. Obtaining the result of the work. The boundary plan is drawn up in paper form, signed by the engineer who carried out the work, and sealed with the seal of the organization. In the electronic version, the plan is signed with a qualified digital signature.
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Stage 1. Preparation of documentation: certificate of ownership or extracts from the Unified State Register of Real Estate, an agreement or other act on the basis of which the land was acquired, the owner’s passport, a power of attorney if a representative is acting.
Checking the presence of land surveying by cadastral number - all the details of the procedure
The process of land surveying is the definition and formal consolidation of the boundaries of the land plot. These actions are aimed at recording the area and exact location of the site. One of the main features of this procedure is that it is carried out by specialized entities. Determining boundaries with a neighbor relative to a summer cottage nearby, for example, is not a land surveying procedure. The latter is carried out by specialists who have the appropriate license, using special equipment (for example, geodetic surveying can be used, which accurately and correctly determines the area and boundaries).
- The “Special Marks” section of the Unified State Register shows whether clear boundaries of the site have been established (if they are established, it means that land surveying has been carried out).
- The register must indicate the exact area of land in the case where it was established (if this value is missing, the procedure was not carried out).
- Section KV6 of the cadastral plan indicates the turning points of the site (if there are none, the land has not been surveyed).
Will they assign a Cadastral Number without Land Surveying?
The adopted Federal Law No. 447 dated December 22, 2014 introduces changes to the cadastral registration of real estate, including land registration. From 2020, no land transaction should be registered with a government agency without a land surveying procedure.
You can order surveyors to visit your land committee or order work from a specialized company. The latter must be chosen carefully; specialists must have access to land work. Otherwise, the plan will not be recognized as valid.