What to do if the boundaries of the land plot have not been established in accordance with the laws
Content
The following formulation is often found in cadastral documents: the boundaries of the land plot have not been established due to the fact that it has not undergone the land surveying procedure. Every property owner should have accurate information on this issue in order to avoid problems with neighbors and during land sales transactions. In the absence of a boundary plan, it is often necessary to resort to the help of an experienced lawyer, especially when it comes to a controversial situation and litigation. How to find out whether the boundaries of a site have been established is described in detail in this material.
The boundary of the plot of land is not established - what does this mean?
According to Federal Law 221 and in accordance with the requirements of land legislation, the limits of land use must be established taking into account the regulations. The presence of accurate information gives the landowner the opportunity to put his plot on the cadastral register and officially register it with Rosreestr.
The registration procedure requires a full package of documents, including an act confirming the agreement of the boundaries of adjacent plots with neighbors in the SNT or other land users.
The registration of the act is carried out by a cadastral engineer; this document includes:
- schematic representation of the storage limits;
- turning points of borders and their coordinate location;
- detailed description of border parameters.
After carrying out the procedure, the engineer transfers the scanned document, certified by a seal, to the Unified State Register of Real Estate (formerly it was the State Property Committee). Copies of documents remain with the owner of the memory; their list includes acts on the approval of limits and coordinate data of turning points.
If the procedure was not carried out for one reason or another, the documents for a certain land plot located in the Unified State Register will indicate that the border was not established in accordance with the law. This means that if you intend to sell the property, the transaction will not be registered.
This situation can also arise as a result of the loss of the deed, then the question: what does it mean to define the boundary of the site as not established, requires a more detailed investigation. This may lead to litigation with neighbors or other persons who may use someone else's land or violate the boundaries of the land plot during the construction process.
Read more >> How to resolve a land dispute along the border of a plot .
As a result, the land owner has to go to court. Each of these situations requires detailed consultation and assistance from a notary or lawyer, which can be obtained on the website - ask a lawyer a question .
What to do if the boundaries of the site are not established?
To prevent unidentified plot boundaries (PL) from causing problems, the new owner of the land should carry out a land surveying procedure. To do this, the owner or title holder must contact a surveying firm.
Co-owners of the plot or a representative of the landowner with a power of attorney from a notary also have the right to submit an application. An application for a land surveying procedure is drawn up in accordance with the legally established procedure, taking into account the specifics of the legislation.
For the procedure you will need:
- Present the landowners' passports and a document confirming the right to own the land.
- Indicate the reasons for land surveying in the application.
- Pay for geodetic work.
Since January 2018, each land owner is obliged to establish the exact boundaries of the land plot by cadastral number , since otherwise he will not be able to sell, mortgage or exchange it. Before the adoption of this law, some lands were assigned conditional numbers according to the cadastre, which were recorded in the State Property Committee.
They did not contain coordinates of turning points and corresponded to the so-called “dacha amnesty” method. In such cases, the fact of the absence of land surveying can only be revealed if the boundary limits of the land are violated.
According to Art. 7.1. Code of Administrative Offenses of the Russian Federation , unlawful use of a site, for example, the construction of buildings and structures on it, entails the imposition of a fine, the amount of which varies between 1-1.5% of the cost of the land plot.
The lack of land surveying can also cause conflict with neighbors if the fence is installed within the boundaries of the land plot or the coordinates of the boundaries have not been identified.
Read more >> What to do when imposing the boundaries of a land plot?
During registration of land
When it is necessary to establish adjacent boundaries of land plots, the landowner must contact a surveyor, who will transmit the information to Rosreestr after the procedure is completed. First, he needs to find out how to correctly establish boundary lines, and who sets the boundaries of the property.
Land surveying is carried out taking into account the standards, after which the customer is given the survey file with an act confirming the agreement of the boundaries of the site with the neighbors . When the land is registered and it is recorded in the cadastral extract, the owner will be able to clarify the limits of his land plot, as well as expand or reduce them.
Refusal of neighbors to sign the act
Boundaries may not be established if the neighbors of the property owner disagree with the decision made and want to challenge it. According to the law of the Russian Federation, without their consent, the boundary plan will be declared invalid, therefore such disputes often occur in judicial practice.
Initially, the landowner must send a registered letter to the neighbors, which will notify them of the need to sign the act confirming the approval of boundaries. If there is no response after a month, you can notarize the refusal to sign.
Disputes with neighbors
After registering the refusal, land surveying can be carried out without the need to coordinate the procedure with neighbors. If a dispute arises, neighbors may be required to establish boundaries by court decision. When boundaries are not established, the answer to the question of what to do in a given situation involves filing a claim in court.
Read more >> How to choose and evaluate the work of a lawyer in land disputes .
A cadastral engineer can act as a witness on the part of the applicant. If the court has established exact limits between the two land plots, this will give the owner the opportunity to obtain a cadastral passport for his property.
This document should be carefully checked after receipt, since it is with its help that all operations with the memory can be carried out. Upon receipt of the passport, along with other title documents, a record of land surveying is made in the “ Special Notes ” column.
Only thanks to this procedure can the landowner be guaranteed to avoid penalties and litigation with neighbors. A timely application to the rights registration authority will be the best decision for every land owner.
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