Is it possible to interleave the area?

Alexey Sharov, head of the sales department at ID Consult, answers:

If the procedure for preparing documents for land surveying is suspended, it is necessary to eliminate the shortcomings and restart the procedure.
In order to eliminate the shortcomings, it is necessary to find out their cause: why the boundaries of the plots moved. First, you should clarify the boundaries of the site by requesting an extract from the cadastre and a copy of the land survey plan. The error could have occurred due to the fault of the cadastral service: during calculations or solely on paper. If necessary, you will have to recalculate previously measured data. Most likely at your own expense.

If an error related to the overlap of plots was made through the fault of the cadastral service, you have the right to turn to it for compensation for losses or a free re-measurement. But their guilt will need to be proven.

What to do if the land survey plan is made with violations?

During land surveying, a neighboring plot of land climbed onto mine - what should I do?

Secondly, it would still be a good idea to contact your neighbors and ask for a copy of the land survey of their plot. Neighbors could have intentionally or accidentally incorrectly entered the parameters of the site during land surveying. Try to explain to them that they are also a party interested in resolving this issue. If their land surveying is done incorrectly, sooner or later they will also encounter problems. In addition, when drawing up a land survey plan, neighbors have the right to sign, which will mean that they agree with the drawing of boundaries. Otherwise, it will not be possible to avoid going to court.

The third reason for the overlap of areas may be a change in the landscape of the area. In any case, you will need to call a cadastral engineer, who will make a conclusion about the incorrect land surveying (in the presence of all disputing parties), establish its cause and enter new current data. Based on this conclusion, you can submit an application to Rosreestr to correct errors in the documentation. The following documents are submitted along with the cadastral engineer’s conclusion and application:

a copy of the engineer's license, as well as detailed information about him;
a copy of part of the land survey plan for the disputed territory;
extract from the cadastre;
certificate of ownership (if issued);
a copy of the owner's ID (passport).

Rosreestr must make a decision within 30 days. Thus, the found reason for the overlap of areas will help resolve the issue peacefully. Even if you go to court, you will still have to establish the cause of the violation.

Is it possible to interleave a land plot registered in the cadastral register?

Question Two months ago I received a cadastral passport with this 10%, but I was incorrectly informed and moved into the forest, but the piece of land in front was not registered. Now I would like to redo this act of land surveying. I haven't received a certificate of ownership yet

You won't be able to redo it, because... You have already submitted your cadastral passport to the cadastral chamber. Your work has already been done. There is no such interleaving procedure. Now you have submitted the boundary plan to the cadastral chamber and your boundaries have already been entered there. Now only if you join through the annexation procedure, this is a diagram on the cadastral plan of the territory. This is a completely different procedure.

If a cadastral engineer prepares a boundary plan based on a territory surveying project, it is necessary to check the applicant for the authority’s consent to the redistribution, so that in the future this land plot can be put on the cadastral register and the right of the interested party can be registered. The period for cadastral registration is 5 working days.

Elena Nikolaeva, First Deputy Minister for State Property Management of the Sverdlovsk Region
: “Redistribution means reformatting the boundaries of a land plot according to certain rules.
These rules are laid down in the Land Code of the Russian Federation in articles 39.27–39:29.” If the issue of eliminating the overlap of borders of adjacent plots cannot be resolved peacefully, the owner of the land plot prepares and submits an application to the court. You need to be prepared for the fact that your opponent will defend his interests in all possible ways, so it is better to seek help from a lawyer in advance. Timely involvement of a specialized lawyer significantly increases the chances of success.

name of the court;
personal data of the plaintiff and the defendant (if the defendant is an organization, its full name and full name of the director must be indicated);
a detailed description of the situation in which it became clear that the boundaries of the territory were established incorrectly;
essence of the dispute;
actions taken by the plaintiff to resolve the dispute;
references to legal norms that, in the applicant’s opinion, were violated;
a request to the court;
list of attached extracts, certificates and other papers.

the institution that issued the document confirming the right to own property (court, notary office, court, etc.);
Roskomzem (when there are questions regarding the procedure for changing the boundaries of the site, problems with neighbors);
boundary organization (can be found via the Internet or in any convenient way);
cadastral authorities (territorial branches and representative offices of Rosreestr);
a notary (if you need to issue a power of attorney to carry out certain actions).

Attention! In some cases, it is not necessary to visit Rosreestr, because most of the services and actions carried out during the registration of interleaving are provided today by the MFC (special multifunctional center). It is also called “My Documents”. There are such institutions in all regions of the country, even in small towns. Therefore, today it is possible to change the boundaries of a land plot after land surveying in the shortest possible time and without problems.

the owners of the plots cannot in any way influence the timing of the work, which depends on the decision of the municipal body;
the complex nature of the work is fraught with errors when determining the boundaries of specific areas;
If you disagree with the results of land surveying, land owners can appeal to a special commission for resolving disputes.

Expert commentary . The form and composition of the boundary plan were approved by Order of the Ministry of Economic Development of the Russian Federation dated December 8, 2015 No. 921. The responsibility for its compliance is assigned to cadastral engineers, however, the customer himself, if desired, can check the compliance of the boundary plan with the requirements of Order No. 921.

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

Now, indeed, all operations should be carried out through the MFC. Of course, if there is an overlap, then it will not be possible to carry out land surveying, so you need to contact cadastral engineers on the issue of redistributing land plots and correcting technical errors. Do not forget that for this you need to obtain the consent of the owners of all plots whose boundaries have “moved”.

We are selling our cottage. Is it necessary to do land surveying?

Why is the site not on the cadastral map, although it has been surveyed?

Land surveying - how it is done in 2021

“When we shoot in an empty area, it’s one thing. It’s another matter if it’s with some kind of construction, where you have to go around a lot of buildings. The cost of land surveying will vary,” says Irina. “Or, for example, you have a two-hectare plot, and you want to divide it into 50 small ones. Of course, the cost of land surveying here will be higher than the price, for example, for dividing a plot of 15 acres in half.”

“The consent of neighbors is required in the case when, for example, you buy or have bought some land, but it is not registered and the boundaries are not defined. To avoid future disputes with neighbors, we must clarify the boundaries. That is, make sure that it (the site) appears on the cadastral map. Here it is necessary to adjust the adjacent boundaries so that neighboring areas do not overlap each other. And in this case, consent will be needed,” continues Gaisina. .

22 Apr 2021 lawyerrp 54

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Nikolai Yablokov, head of the department of JSC Property Fund of St. Petersburg, answers:

It is possible to conclude a transaction without land surveying. But a prudent person will not do this.

In an amicable way, SNT should have developed a project for organizing the development of SNT, defining the boundaries, the layout of the plots, their area, as well as registering the boundaries in the cadastral register and organizing all members of the partnership to work together to survey the plots. In old gardening, this was practically not done. Each, at his own request, surveyed his plot with different cadastral engineers, at different times, in different coordinate systems.

In this case, not only the owners of the plot that is being prepared for sale should be interested in eliminating the cadastral error, but also those whose plots have “moved” from their places. In this case, it is not necessary to carry out land surveying of the entire territory of the SNT. It is enough just to eliminate the overlap with those whose plots have encroached on the applicant’s plot.

In my opinion, it is necessary to call the cadastral engineer who carried out the survey of the disputed areas. Moreover, if the local coordinate system has changed, then with a high probability the coordinates of the areas “slide.” This can be corrected by recalculating them (coordinates) and making changes to the information of the State Property Committee (State Cadastre of Real Estate).

If the coordinate system has not changed, then this is a pure oversight of the cadastral engineer when carrying out cadastral work.

Demarcation of a land plot: what is it and how much does it cost to delimit a plot into two

Demarcation is cadastral work to divide one plot into two or more. Despite the fact that the legal term “delimitation” does not exist, the procedure itself is well regulated by law and may be required to clarify boundaries in disputes between neighbors and in other situations.

Division of a plot of common property. For example, a similar situation may arise during a divorce, when land needs to be divided between two spouses.
You want to change the category and purpose of part of the site. In this case, you first need to divide it into parts, and then, in relation to one of the parts, begin the procedure for changing the category and type of permitted use.
The large plot is in shared ownership, and the owners made a joint decision to divide it so that everyone could fully manage their property. Similar situations occur, for example, when one land is inherited by several heirs.

✅ informing persons whose interests are affected by the determination of land boundaries. These include the owner of the plot, tenants, owners of adjacent plots and other persons, including local government bodies. The contractor must send them a notice no later than a week before the start of the process.

The current legislation does not establish exact deadlines. The procedure itself lasts no more than 14 days, but you can safely take the time to prepare and prepare documents upon completion of work. Depending on the complexity of the survey, it can last from a month to six months. It is possible to get the same way to make a pasepa and a lot of things to have a reason to have a good time, and it is necessary to Alist.

More to read —> According to the court decision on the division of property, there was no property available

Svetlana Zhukova, head of the central department of city real estate of NDV, answers:

The issue can be resolved in two ways - amicably or through court. That is, you will not be able to complete a purchase and sale transaction without land surveying. Therefore, all areas that fall within the displacement area must be re-measured, and the owners of these areas must draw up a written agreement that they have no claims against each other. Otherwise, the solution is to go to court.

Land surveying and cadastral passport: what and how

The plot is actually 27 acres, but according to the cadastre it is 15 - what to do?

Is it possible to interleave the area?

Makeeva : Regarding self-elimination. Question: How do I find out about public hearings? They are not always notified about them on time. Invisible pieces of paper appear almost as an afterthought. Maybe there are some alternative sources that can be recommended to citizens?

Klychkov : The second horror story is landscaping. They say: “The burden of maintaining the land lies with you. Therefore, 12 billion rubles a year – this is the average price for improvement in Moscow as a whole – will be yours.” The Moscow City Duma has adopted a law on improvement in Moscow so far in the first reading. I am convinced that it will be adopted, because there are no critics: neither we nor United Russia. It says there that the burden of maintenance and improvement remains as before, with the authorities, that is, Moscow.

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Lawyer Arsenia Razumovskaya answers:

This problem is very relevant today due to the fact that the system is electronic and the boundaries have simply shifted. To solve the problem, you first need to clarify the boundary of the land plot and coordinate it with the neighbors.

What should be done? Contact a cadastral engineer. He goes to the area, sets boundaries, clarifies and submits information to Rosreestr. You can also contact the MFC.

If, when contacting the above-mentioned cadastral engineer, problems arise with the length of time it takes to resolve the issue, then the best option is the MFC, since everything is simpler here and there are fewer queues.

Step-by-step instructions for land surveying

I don’t want to burden you with the technical side of the process. I will not go deeper into the legislative basis of land relations. If interested, read: Land Code, Federal Law No. N 221-FZ “On the State Real Estate Cadastre” (which regulates the procedure for land surveying), as well as the new law “On Amendments to the Land Code of the Russian Federation” dated June 23, 2014 No. 171-FZ - which simplifies the procedure for legitimizing garden plots, carried out in accordance with land surveying free of charge under the dacha amnesty from June 1, 2015, valid until December 31, 2020.

Life hack: before signing a contract for the provision of services, read reviews about the engineer or organization you trust with the work. If there are no reviews on the Internet and you did not contact based on a recommendation, then I would make a choice in favor of a cadastral engineer with positive reviews (for example, on Google maps) with a rating of at least 4.5 out of 5. The service agreement must list the rights and obligations of both parties, as well as the procedure for its termination.

Konstantin, it is better to ask a cadastral engineer this question, since he knows the local peculiarities and law enforcement practice in this area. I believe that land surveying in this form (with an island) is contrary to the law, including because this is a site under part of a residential building. My opinion: the plot under the house cannot be divided, but the practice is different in the regions, and I even came across court decisions that approved the division of the plot under the building.

It is possible to redistribute by agreement even now, without having to carry out land surveying, the main thing is that the plots are on the cadastral register and based on this agreement, land surveying can be carried out, but the redistribution must take place in such a way that the blue plot of land is in any case adjacent to the house, because . the neighbor owns a share in the house or part of the house, depending on how the house was divided.

More to read —> Organizational and legal form of the SNT partnership

Land surveying usually lasts from 1 to 5 days. If information about the boundaries of an adjacent plot is not available in Rosreestr, an approval act is required - a document confirming that the owner of the adjacent plot has no complaints about the results of land surveying.

Based on the results of site surveying, the engineer makes a survey plan for the customer. It can be issued in electronic form, certified by the digital signature of the specialist who carried out the work. Or issued in paper form, in which case it should be issued in the form of a brochure with numbered sheets.