How to obtain information from the state data fund

What is land management

Since land management is documentation and other materials relating to each land management object, the results of land management work are formed into land management.

According to the law, this happens in the following cases:

during land acquisition;
during inventory of plots;
when buying and selling plots and so on.

The above-mentioned concept existed until 2008 and represented the entire process of documentation when registering an allotment for cadastral registration.

It is also worth explaining what land surveying is. It includes the necessary set of data that are taken into account when studying an object and establishing its boundaries. Essentially, this is all the information about the allotment.

We get a boundary plan of the land plot: where and how

The preparation of a boundary plan takes place in several stages and involves a lot of actions and documents. Of course, first of all, this is not your headache, but still, it will be useful for you to know what the stage of preparing a boundary plan includes.

Another reason that results from the need to conduct boundary surveys is the impossibility of cadastral registration. Without documents in hand that would prove the fact that you are the owner of this plot, and it, in turn, has a certain size, you will not receive a cadastral passport.

What is a boundary plan

Since 2008, the concept of land management has replaced the boundary plan. The prepared document is submitted to the cadastral chamber for registration of the property.

The land survey file must contain the following information:

information about the owner;
passport details of the owner of the site;
the address where the plot is located;
information obtained as a result of the work;
other necessary data.

During the process of forming the database, all materials are signed by the owners and authorized officials, and then registered in the cadastral chamber.

Land management (land survey) of a land plot - what is it and where to get it

This process is regulated by the Federal Law of the Russian Federation “On Land Management” (Article No. 22). Having in hand papers that indicate certain boundaries of a plot of land, a citizen becomes its full owner and no one will have the right to cross these boundaries without his consent.

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Since these concepts are directly related to the preparation of papers that are needed to own land and land plots, and are also a mandatory item in all land transactions (construction, purchase and sale, lease). Therefore, it is worth familiarizing yourself with this terminology, understanding the essence, in order to avoid fatal mistakes.

Who issues documents

Separately, it should be mentioned where the land survey file is kept. The document can be obtained from the cadastral chamber.

Land surveying is carried out by specially trained cadastral engineers. Land legislation defines the procedure for obtaining such a plan. First of all, there is a requirement for mandatory approval of such a process.

It is necessary to agree on the boundaries with all people affected by this type of work: site owners, neighbors and other interested parties.

Employees of the cadastral chamber carefully study the documents provided, on the basis of which a boundary plan is created.

The document is usually issued within 15 days. For its issuance you need to pay a state fee.

The services of a cadastral engineer and the preparation of the plan itself are also paid. The cost depends on the area of the plot.

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There may be cases where neighbors protest against the proposed division of boundaries between plots. In this case, a written statement is attached to the case, and, despite the fact that the land surveying procedure can be completed, the dispute can be finally resolved only during a court hearing.

There are no documents for the land on hand. In this case, a lot of preparatory work is carried out. It is necessary to order a site diagram on the cadastral map. This scheme must be agreed upon by all participants and the chairman of the partnership. Based on this paper, a resolution of the local administration is issued to approve the layout of the site on the general cadastral map. After this, land surveying is carried out, a cadastral passport is issued and a certificate of ownership is issued.
If you have a cadastral passport and a certificate of ownership, you can immediately begin land surveying.

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Composition of land surveying

The boundary plan includes:

explanatory note;
plan, drawn up in the form of a diagram;
technical task;
documentation confirming the rights to the site;
drawings that make up the technical design;
a document confirming the fact of notification of interested parties about the survey;
boundary survey report;
plan of established boundaries;
statement with exact area and calculations;
other documentation.

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Land surveying where to get

So, you bought a plot of land. You morally feel like the owner and owner of the property, although you don’t think about land surveying and all the related terms. But looking at the absence of a fence or fencing of your site, some unpleasant feeling arises. Have you ever seen how people buy a plot for construction, there is nothing on the plot yet, and they are already putting up a fence? Perhaps it is an instinct that a person must have, feel and protect his own territory.

What are development and land use rules

Development and land use rules are an urban planning zoning document that establishes:

territorial zones;
town planning regulations;
the procedure for its application and amendments.

The rules are approved by regulatory legal acts of local government bodies. The goals of their development include:

creating favorable conditions for the development of municipalities and the planning of their territories;
ensuring the rights and interests of individuals and legal entities;
creating conditions for attracting investment, as well as the possibility of choosing the most effective use of land.

Details are contained in the article “Regulations for development and land use”.

Where is Land Surveying Files Stored?

Article 19. Types of land management documentation
Article 20. Map (plan) of the land management object
Article 21. Thematic maps and atlases of the condition and use of land
Article 22. Land management
Article 23. Coordination and approval of land management documentation
Art. 24.

Expertise in judicial practice on land disputes

According to the legislation of the Russian Federation, the attachment of an expert opinion is not a mandatory condition for the court to accept a statement of claim in a land dispute.

However, as practice shows, in nine cases out of ten such an examination is ordered by the court if it is not included in the case materials. This is due to the emergence of ambiguous conclusions during the consideration of the claim.

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The examination procedure is carried out according to two regulations:

Documentary verification of the accuracy of the information presented is regulated by Federal Law No. 78-FZ and consists of checking the compliance of the Cadastre information with the original data of the land object. The procedure for conducting such an examination was approved by Government Decree No. 214 of 2002. The initiators of this procedure can be judicial authorities, local governments, as well as other interested parties. The examination is carried out by Rosreestr specialists within three months from the date of acceptance of the documents;
If the result of the documentary examination was not enough, then a practical procedure is prescribed, the procedure for which was developed and approved by the Committee of the Russian Federation on Land Resources and Employment in 1996. At its core, such an examination is the work of surveying a land plot by a qualified cadastral engineer. The duration is determined by the agreement on the provision of relevant services.

Carrying out an examination before filing a claim in court will be much cheaper and will significantly reduce the time it takes to consider the claim.

A non-governmental institution or organization that has a license and has sufficient experience in this field of activity can act as a specialist expert.

If you use the services of an expert or specialized organization yourself, consider the following important points:

Availability of permission (license) to carry out relevant activities;
Availability of specialized education.

The main objectives of the appointed examination are:

confirmation of the actual location of the land object and determination of its boundaries and area. The actual parameters of the site must completely coincide with those specified in the Cadastre and title documents;
determination of the “common” (disputed boundary) of adjacent areas by overlapping and calculation of the disputed area;
establishing the reason as a result of which an error occurred in cadastral registration;
proposing an alternative option for dividing the boundaries of adjacent plots in accordance with title documents;
establishing the area and boundaries of the site unauthorizedly seized for use;
other important tasks.

Questions posed to experts for resolution may sound like this:

establish compliance of the boundaries and/or area of the land object with those recorded in the title documents;
establish the fact of overlap of two adjacent sections and the size of the area of such overlap;
find out whether there is erroneous information in the information of the state cadastral chamber;
determine whether there are any contradictions in the documents under study with the legislation in force at the time of issuance of such documents. Indicate what they are;
other questions.

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