Law, Regulatory Compliance

Land surveying of the land. Disputes and order of surveying land

Currently, in connection with the establishment of private ownership of various objects, land surveying became very popular. Disputes on this issue do not stop, practice fixes a huge number of lawsuits and cases, which is why this topic is one of the most relevant land law in the industry.

The concept of land surveying

The land law fixes in itself set of norms concerning an order of regulation and definition of borders of sites of proprietors. The relevance of the topic forces legislators to create more and more new rules, as well as to improve the old ones, as land surveying, disputes about this and other issues - all this is primarily necessary for citizens.

So, what is land surveying? This action is defined as the formation of the boundaries of the land plot, as well as their further processing in accordance with the requirements established by law. That is, surveying a land plot is a sample of any territory on paper and at the same time it is reflected on the terrain itself. This process is simple and not mandatory.

Objectives

Many citizens do not think about how to conduct a survey of the boundaries of the land. The law does not oblige them to commit these acts. But at the same time recommends. Why is it so necessary to land a land plot? The cost, the collection of documents and the order of this process sometimes repel people, and they simply do not want to waste time. However, surveying has its own goals, which fully reflect the entire need for this activity.

The main and integral goal of this process is the establishment of borders. Disputes mostly arise about the fact that owners can not correctly determine who owns a particular piece of land. And precisely in order to avoid this, it is necessary to conduct land surveying. Documents that are required must also always be in order.

So, the main objective of this kind of activity as a process connected with the solution of legal issues is the establishment and, most importantly, the consolidation of the boundaries of any land that is an object in any transaction. And it is this that determines the need for this type of activity.

When surveying is necessary

In fact, not every case requires land surveying. But there are some moments when this activity is practically necessary. So, the objectives of surveying can serve as the conclusion of a transaction, namely: the purchase and sale, exchange, donation, as well as the implementation of privatization of the land. For completeness and correctness of registration of the contract, surveying is required to the fullest extent to correctly determine the limits of the object of the transaction.

In addition, the plan for surveying a land plot should be in case of obtaining an inheritance, that is, a one-sided transaction. The law requires the definition of all boundaries for entry into the ownership right, so that the heirs do not receive more than less than necessary. However, there are exceptions, for example, the law fixes the ownership of the successor.

The legislative framework

The legal basis of any kind of activity is the main factor in the correct implementation of activities, and it does not matter which industry it belongs to. The less the question is fixed normatively, the more there are difficulties and disputes in the end, which makes this or that activity problematic and completely irrelevant.

An important point is the land surveying of the land (the instruction for its conduct is presented below), because it is not only the establishment of borders, but also the carrying out of examinations and much more. In this area, both codified legislation, namely the Land and Town Planning Codes of the Russian Federation, and laws adopted by the State Duma, for example, "On the State Real Estate Cadastre," act as a codified law.

In addition to the laws adopted by federal authorities, there are also a lot of instructions, regulations and land surveying projects that ensure this activity in each specific case and, of course, taking into account all the specifics and specific conditions.

Subjects of the survey

Fixation of the boundaries of the land plot is rather complicated and, most importantly, a process requiring special attention. There is a large number of organizations, and accordingly, specialists, whose work is directly in the implementation of such a process as land surveying. Its cost is usually composed of state duty (200 rubles.) And payment for specialist services. Geodesists, land surveyors and even lawyers can determine and consolidate borders.

However, some citizens carry out land surveying with their own hands. This method is quite possible, but has a number of errors. Only specialists can accurately and correctly determine the border, which is why it is necessary to implement these actions independently in simple cases, since such surveying has absolutely no legal force.

Land surveying of the land. Documents required

The list of documents required by law for land surveying is not always the same. Depending on who gets these services, the list of securities is changing. There are two groups of necessary documents: those that are represented by individuals, and those that are represented by legal entities.

The documents of the first group include the following: application, BTI certificate, cadastral extract, passport and its photocopy for the identification of the citizen and a certificate confirming the property right, as only the owner has the right to establish and fix the boundaries in the assigned area. This list is simple, but, as for legal entities, everything is much more serious.

In the second group, the law includes the following documents: an application, BTI certificates, cadastral statements, a certificate of ownership of the building and a land plot, an account card of the enterprise is also necessary , this is the same as a passport for a citizen. Also, surveying is possible, if a legal entity rents land, then it is necessary to attach an order of the Department of Land Resources.

Stages of land survey

Any activity includes a series of sequential actions, related to each other and playing the same role. In the survey, there are several stages that are performed by the relevant specialists. There are five stages, which must necessarily follow one another. So, the first three stages are inextricably linked, since they assume the receipt of all possible information about the site. There is a search for all information about the site, clarifying the boundaries and surveying specialists surveyors.

The next stage is the immediate preparation of the main element, namely the land surveying project. It is a very important and important point, requiring a separate consideration. The last stage of surveying work is the transfer of information to the Register. This is necessary in order to consolidate and formalize the established boundaries in accordance with the law. This is also an important, final stage, without which these works will not have legal force.

The order of drafting the survey

Land surveying plan is an important stage, which is why its consideration requires separate attention. A cadastral engineer, invited by natural or legal persons, shall draw up the necessary plan, which will subsequently reflect all boundaries, dimensions and subtleties relating to the land plot. This is required by law, as in the future these actions will help to fix everything legally.

So, the land surveying project of the land plot is made by the relevant specialists, as was said above. In it it is necessary to indicate all the measurements that are carried out on the site so that its size, area, and boundaries are known exactly. The project is ordered by those wishing to conduct a survey of their own plot, all other actions revolve around the plan, replenishing it.

Aligning Borders

The activity under consideration has many nuances. The law clearly regulates the land surveying of the land. The instruction allows specialists to properly carry out their activities, which also simplifies everything, but there are other incidents, usually with respect to several owners who can not agree on the boundaries of their plots.

So, what is the coordination of borders? Owners often face such a need, since they can not independently assess their land plots. Specialist-engineer, engaged in geodetic work, carries out all the necessary measurements, if necessary even in neighboring areas.

Most often conflict situations arise between private owners owning land. For the legal consolidation of the consent of all neighbors an act is drawn up, which all the participants sign. It may contain consent or refusal, but, one way or another, confirms that all land surveying activities have been agreed upon, and in case of dispute it will serve as evidence.

Land survey procedure

The order of surveying a land plot is determined by law. First, a legal entity or an individual submits an application, after which the work gets a start. When all the documents are checked and the requirements are met, the preparation of technical regulations, projects and plans begins, the necessary preparation of the conditions for the work is carried out.

Then the consent of all persons, owners must be obtained. And if there are no objections, then work on surveying begins. Measures are carried out, boundaries are determined, documents are documented and documented. Experts mark all borders as on the ground, using the necessary identification marks, and on paper. Maps, topographic plans are drawn up. The project should fully reflect the territory that can be surveyed.

The last stage is the execution of documents. They are transferred to the appropriate body, which checks them and either satisfies them or, on the contrary, rejects them, depending on the result of the performed work. Based on the decision of this body, the owner is issued a cadastral passport, and he will eventually confirm the established boundaries and consolidate the legal force of all actions.