Repeated Surveying In Which Cases

Land surveying: issue price and land cost

Taking into account the innovations in the legislation, it makes sense for those who planned to sell land plots this year to think about land surveying today. Given that the end of the year is counted in days, there is a risk that the deal will not be completed.

Thus, the moment of re-registration of property rights will be postponed until next year, which means that the lack of land surveying will become an obstacle for the new owners when preparing documents for the land, and they will have to allocate boundaries at their own expense. Because of this, today the cost of such land has been reduced.

Another situation is that it will not be possible to carry out the transaction before the end of the year, and next year it simply will not be carried out, so the seller of the land will have to pay for the survey. Due to the demand for these services, an increase in their cost is quite expected.

Thus, land surveying is strongly recommended for those who are planning to sell land or change ownership for other reasons. In 2020, sale and change of owners without land surveying is allowed.

They pay twice for surveying

- a technical error (a clerical error, a typo, a grammatical or arithmetic error, or a similar error) made by the cadastral registration authority when maintaining the state real estate cadastre and leading to a discrepancy between the information entered into the state real estate cadastre and the information in the documents on the basis of which the information was entered into the state cadastre real estate (hereinafter referred to as a technical error in the information);

The chairman of the gardening non-profit partnership (SNT) in the Mozhaisk district decided to draw up documents for public lands, in particular for the road running through the territory of SNT. When it came to the registration chamber, it turned out that the boundaries of some plots, previously registered by the owners, according to the cadastral plan, overlook the road. This contradicted the actual state of affairs.

We recommend reading: Cadastral passport for an apartment

Exceptional cases

Of the general rules, the legislator allows for a small list of exceptional cases in which the role of land surveying is negligible. These include the following types and forms of land use:

• Land for dacha and garden activities, personal subsidiary plots and the construction of garages.
• Availability of title documents issued previously without delineation of borders.
• When re-registering plots issued on the basis of perpetual use rights directly into ownership.

At the same time, it is worth noting that these exceptions will cease to apply after the new year, which means that land surveying will become a necessity.

In what cases should land surveying be ordered today?

If the issue of selling the plot is not relevant, then the issue of determining the boundaries can be resolved after the New Year holidays, extending the “pleasure” for the entire next year.

But even in this case, there is a risk of becoming a victim of the hype around this issue of land. So, it is possible that the neighbors were puzzled by the need to sell their land. The latter, intentionally or accidentally, may, during the entire process, documentably include part of the lands in the neighborhood within the boundaries of their allotment. The essence of the problem will be revealed under the new owners, which means that a land dispute cannot be avoided. The need to defend their land rights in court proceedings will not be excluded.

It is advisable to declare the boundaries in a timely manner if you have large areas of over 15 acres.

Collective surveying and its advantages

Within the boundaries of former garden partnerships and holiday villages, land surveying is more profitable and correct to carry out collectively:

• It is possible to get a discount, since a number of cadastral engineers are employed in private companies.
• An opportunity to avoid unnecessary disputes over border issues by solving the problem on the ground.

A similar solution is also relevant for situations of shared use of land within the SNT.

Mandatory land surveying from 2019

If land owners do not have time to fulfill these requirements, then in practice notaries refuse to register any transactions. It has become impossible to legally dispose of plots of land, including carrying out various transactions (sale, donation), in the documentation of which there are no boundary marks. It cannot be said that the number of people wishing to carry out boundary determination procedures has increased significantly. On the contrary, land owners are frozen and delaying until the last minute. There are very few who have realized the importance and necessity of establishing the boundaries of their land plots.

These problems can be solved through painful trials, persuasion from neighbors, and are not always guaranteed to succeed. It takes months for employees of more experienced organizations, like PRAVOZEM, to analyze the situation and draw up a new project. During the formation of the project, documents confirming the presence of an error are re-prepared in order to challenge the result of boundary determination and litigation with neighbors. This begins the long process of eliminating the error.

Risks associated with purchasing a plot without land surveying in 2020

When considering the aspects of implementation, it is advisable to address the interests of the buyer. Thus, a transaction completed in 2020, the subject of which was an undemarcated plot, has a number of risks:

• Impossibility to register land ownership if this was not done in the current year.
• There will be a need for land surveying and payment for these services.
• Difficulties may arise in coordinating boundaries with neighboring areas.
• Risk of disputes with neighbors.

Summarizing the above points, there is a risk of purchasing a plot of land that does not correspond to the declared area within the framework of the transaction, which means overpaying.

Is land surveying necessary? Realities for 2019

Currently, owners carry out land surveying only in extreme cases - if there are disputes with neighbors or when selling a plot. In this case, it is important to make informed decisions, fully possessing all the information (this is what this article is for). It is important to know all the pros and cons of land surveying at this stage, and not carry out this procedure in a hurry at the end of 2020, as most land owners will most likely do.

It is important for land owners to know about the government’s plans for the further development of the land market, land relations and government regulation. Today we constantly hear about various innovations and changes in legislation in the land sector. For example, on the extension of the “dacha amnesty”, amendments to the Land Code regarding the procedure for allocating land from the state fund, determining the procedure for carrying out complex cadastral works and the ban on market circulation of land plots with unspecified boundaries from 2020 . In this regard, the question arises: is it necessary to carry out land surveying, what are the realities for 2020? What will happen to a land plot with unspecified boundaries if it moves into the new year 2019 in this status?

We recommend reading: What to do if a heating pipe bursts

How to protect yourself from a bad deal?

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

Read more: How to find out birth certificate details online

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

Land surveying errors and change of ownership

This question can be considered the most difficult. Thus, if the legislator gives an unambiguous answer to the question about the possibility of re-registering a plot without land surveying, then there is no mention in the law of lands with erroneous boundaries.

One can only think logically on this topic. So, in fact, land surveying is present, which means there are no reasons for refusing re-registration. On the other hand, errors and deviations from the norms of permissible errors indicate that boundary work was carried out with significant violations.

The latter will subsequently require re-determination of land boundaries and the development of boundary documents, as well as making changes to the state register, which is associated with time and financial costs.

The majority of land owners are concerned about the official registration of their real estate.

To do this, it was necessary to carry out a procedure related to the precise determination of the coordinates of the boundaries of the site .

But there remains a significant portion of landowners who continue to use their land without land surveying.

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

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

We recommend reading: Illegal rental of apartments

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

Reasons for not having established boundaries

There are several reasons why land surveying was not carried out on the site. This procedure involves establishing boundaries on the plan and on the ground, creating a boundary file, which will include a description of the land plot and its drawing. After which all survey results are included in the state cadastre database .

The demarcated plot will be registered in the cadastral register and can be found on the public cadastral map. If you look closely, you can see that there are areas on it that do not have coordinates. This means that the owner of the plot did not carry out land surveying, although the plot has a cadastral number and an owner.

Land surveying was not carried out for the following categories of citizens:

1. Summer residents . There are still dacha plots whose owners prefer not to carry out this procedure. Most often this is due to high prices for the services of cadastral engineers. Sometimes problems arise due to unauthorized “cuts”, when part of the land in use is not documented in any way. But, in general, the dacha amnesty allows you to register a dacha plot using a simplified system.
2. Persons whose rights to plots arose on the basis of perpetual use . The peculiarities of such ownership are the absence of the right of transfer by inheritance, donation and sale of land. Such a site can be registered using a simplified system, but land surveying will allow more precise boundaries to be drawn.
3. Citizens who bought a plot without land surveying. Most likely, the previous owners registered the allotment in the same way, taking advantage of the law on dacha amnesty.

The following reasons are also possible:

1. The site has been allocated by the local administration for some program (for example, assistance to large families). Here land surveying is a matter of time. Typically, new owners try to obtain all documents for registering property rights as soon as possible.
2. The site may not be on the cadastral map due to the fact that the documents were not submitted to the state cadastre . The land surveying procedure was carried out in full.

In these cases, it is enough to contact Rosreestr with documentation or carry out the survey again.

There are plots whose market value practically does not exceed the costs of land surveying and registration of the plot. In this case, the owners prefer not to register the land.

Registration of a land plot for cadastral registration

1. Collect evidence confirming the fact of legal ownership of the site. To do this, you need to contact the regional cadastral chamber and obtain cadastral extracts, and also check whether the neighbors have territorial claims to the land being used, and whether there are other claimants to the land - the land should not be surveyed, owned or leased.
2. Establish the exact boundaries of the site and draw up a boundary plan with the help of a cadastral engineer. If the site is previously taken into account, then its boundaries do not need to be specified. The drawn up boundary plan is included in the necessary package of documents required for transfer to the cadastral registration authority and adding new information about the land plot.
3. Submit all collected documents and receive a cadastral passport.
4. After receiving the cadastral passport, contact the territorial division of Rosreestr and write an application to add updated data to the Unified State Register. Upon successful completion of the procedure, the owner must receive a document confirming the registration of rights to this plot.

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

Land registration involves several stages :

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

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

How to register a plot of land for cadastral registration

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

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

Read more about cadastral registration here.

Read more: How to write a resolution on a resignation letter

How to get a cadastral number

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

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

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

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

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

Obtaining a certificate of ownership

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

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

Rosreestr stopped issuing Certificates printed on stamp paper in 2020.

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

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

Property abroad

Objects of taxation for Russian organizations are movable and immovable property (including property transferred for temporary possession, use, disposal, trust management, contributed to joint activities or received under a concession agreement), accounted for on the balance sheet as fixed assets according to the rules accounting. This is established by paragraph 1 of Article 374 of the Tax Code of the Russian Federation.

05 Aug 2020 yristzvyka 237

Share this post

Related Posts
• Where to get a registration certificate
• Lipetsk overhaul personal account
• How to spend maternity capital on apartment renovations
• Where to buy a tram pass in Moscow

Land survey until 2020

Land surveying is the carrying out of complex geodetic and engineering work in order to establish, secure or restore the boundaries of a land plot on the ground and depict them horizontally.

According to Federal Law No. 447-FZ “On Amendments to the Federal Law “On the State Real Estate Cadastre” and certain legislative acts of the Russian Federation” of 2014, a ban is introduced on conducting transactions for the alienation (purchase and sale, donation) of land plots, data on which are not included in the State Property Committee.

Mandatory land surveying by 2020.

Why land surveying is needed, read here.

The law was adopted in advance to give all land owners the opportunity and sufficient time to prepare the necessary documents to enter the necessary data into the state cadastre.

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.

Having fulfilled the order, the owner of a plot with a boundary plan prepared by a cadastral engineer should contact the cadastre department for territoriality. After checking the documents, cadastre employees will enter information about the boundaries of your site into the state register.

What land surveying gives:

• there is a legal opportunity to add up to 1/10 of the plot area;
• protection is established against changes in the boundaries of the site by the owners of neighboring sites;
• during real estate construction, compliance with the necessary fire and sanitary standards is ensured on the site;
• if during the cadastral work it turns out that the size of the plot is smaller than indicated in the original documents, then the survey will lead to a reduction in land tax;
• until 01/01/2018, a plot of land with established boundaries has priority for sale over a plot for which these boundaries are not established;
• makes it possible to fix boundaries directly on the ground.

Read more: Zones of permitted use of land plots

How to register a land plot with cadastral registration? Arrangement order

How to register a land plot under the “dacha amnesty”?
This task can be characterized by a number of difficulties. The fact is that in the general case, a citizen who initiates communication with Rosreestr decides the question of how to put a land plot on the cadastral register as previously registered, reflected in certain databases - for example, according to documents certifying the fact that a person has received the corresponding object in possession . Registration of a plot within the framework of the “dacha amnesty”, in turn, does not always presuppose that the citizen has key documents, which are used as part of the general mechanism for entering information about a property into state registers - in particular, a cadastral plan, as well as title documents. We recommend reading: Free medicines for children under 3 years of age who are eligible

If surveying is not done before 2018

After January 1, 2020, it will be impossible to make an alienation if the land survey procedure has not been carried out. This means that it will be impossible to re-register ownership of the property to another person under any circumstances.

Neither the heir nor the buyer will be able to obtain title documents. It will also not be possible to donate a plot of land that has not been surveyed.

The advance adoption of Federal Law No. 447-FZ is due to the need to improve the quality of services provided by the state cadastre and to establish the indisputability of registration rights to real estate.

Registration of real estate for cadastral registration

A different procedure will be needed if the house has not yet been taken into account. The procedure is also declarative in nature. In this case, you will also need to submit a certificate of ownership, a technical plan, an application and a receipt for payment of the state fee. But other information will also be needed. What documents are needed to register a house for cadastral registration in each specific case should be clarified. The MirzoevGroup Legal Center will provide you with the most comprehensive information.

We recommend reading: List of 1 2 harmful professions for early retirement

Who can carry out land surveying

Carrying out the surveying procedure is the responsibility of cadastral engineers who are on the staff of the land management geodetic organization. The land surveying procedure is described in detail in the land surveying instructions.

Specialist engineers at the site location carry out all geodetic measurements using modern instruments capable of determining the geographical coordinates of all corners of the site.

Based on the measurements taken, cadastral engineers draw up a boundary plan and bear personal responsibility, both administrative and criminal, for the reliability and correctness of the entered data. They certify all documents drawn up with their signature.

It is up to each customer to order surveying from a specialist or contact an intermediary, whose services are much more expensive.

By contacting a cadastral engineer for surveying services, the customer has the opportunity to verify whether the land management organization has a license to carry out the work and what the qualifications of the specialist of interest are.

The accuracy of the information received about the cadastral engineer can be checked in the Rosreestr database on the official website of the department.

On the Internet you can also find out reviews about a specific land management organization.

When deciding to order land surveying, you should keep in mind that the services of a cadastral engineer are paid. And you will have to pay separately for the preparation and collection of the entire package of necessary documents.

An application for land surveying can be submitted personally by the owner or his representative using a notarized power of attorney.

Repeated surveying

If the owner has not previously specified the boundaries of the site, the land surveying procedure is called primary. In some cases, a re-surveying procedure is required. It is carried out on the basis of the primary one in order to confirm, change or clarify already established boundaries. It is necessary to repeat the survey if, during use, the parameters of the site, in particular the boundaries, were changed by its owner in agreement with the neighbors. It is also necessary if the owner was allowed to annex part of the ownerless land or in the case of dividing the allotment into separate plots.

In addition, you will have to double-check the border coordinates if a registry or technical error is detected. We recommend that you re-clarify the boundaries of your own plot when planning to sell it. The presence of a new boundary plan will serve as proof of the purity of the future purchase and sale transaction and will increase the value of the land. But after a change of owner, there is no need to re-landmark the site.

What documents are needed for land surveying?

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.

An application for land surveying is submitted to the geodetic company in 2 copies. Having accepted the application, the cadastral engineer draws up an act in which he reflects the wishes of the applicant, studies geodetic plans, and clarifies other nuances of the case.