Land surveying: disputes with neighbors. Instructions for land surveying, legal advice

A lot of people in our country own any property: a house, a summer house, a land plot. However, infrequently this property is properly registered. This may contribute to any conflicts. Land surveying (disputes with neighbors make it happen) can help solve problems. Therefore, one should know where to turn and what is needed for this.

Basic concept

The term provided means the legal establishment of the boundaries of your land. The fact is that not all owners can document the ownership of a certain territory. Not all conduct official land surveying. Disputes with neighbors significantly speed up the decision to implement this procedure.

The law allows you to quickly remove all obstacles and draw up the borders of your land, add them to the cadastral register. Naturally, for this you need to contact the appropriate authorities. Only a specialist can make a land survey.

What is this procedure for? Who can hold it?

First of all, this is required if the owner has conflicts with neighbors, and also if you need to prove that another person is trying to seize part of your property. If in this case a land survey is not carried out, disputes with neighbors may drag on. The fact is that it will be quite difficult to prove one’s right. If you want to avoid such conflicts in the future, then the borders of your site should be officially fixed.

Especially important is land surveying if a person has views of the "no man's" territory. The fact is that it still belongs to someone: an individual or legal entity, the state.

Now you will find out where to turn to land surveying. Disputes with neighbors are unpleasant. Moreover, everyone wants to live in peace and harmony. For the procedure, you can contact a private cadastral engineer or legal entity. Naturally, this representative must have a license, which gives him the right to engage in such activities. If it is not, then the whole result, no matter how correctly the actions are performed, will be invalid.

State bodies should control the implementation of legislation - the Committee on Land Management and Land Resources. It is this organization that issues a technical passport, a plan of the boundaries of the site and an act of control over their preservation.

Benefits of the procedure

Land surveying of the boundaries of the land has certain advantages:

1. Avoiding conflicts with neighbors.
2. Protecting your property from other people.
3. Risk reduction during the purchase or sale of land.
4. The ability to register the land as a property, to allocate a share from it, it is easier to plan the construction of future structures.
5. A way to legally expand your territory.

In principle, these advantages are enough to start the procedure.

What documents are needed?

Now you need to figure out where to start the business. So, if you need to carry out land surveying, documents must be collected in advance. You will need:

• A document confirming the ownership of the land or the right to use it.
• Passport of the applicant.
• Application to the geodetic organization.
• Cadastral passport or extract from it.

To obtain a certificate with the specified boundaries, you will also need a boundary plan, which is issued by the specified organization. Other papers may also be needed, for example, a certificate confirming the absence of any public communications on your territory. The list of documents depends on each specific region and situation.

What is a boundary plan and project?

Now we need to consider other concepts. For example, a boundary plan is a special document that has two forms: graphic and text. It indicates information on the size and location of the boundaries of the site, whether there is access to it, whether there are public engineering structures on it. Naturally, the data from this document is transferred to the state cadastral register.

A land surveying project is something else. This document defines all of the above land data. It is prepared and signed by its cadastral engineer, who will conduct all measurements. The requirements for the project are established by applicable federal laws.

The submitted document is approved by the decision of the owner of the site or their meeting. A notice of where and when the project will be considered is sent to all participants in the transaction. If it is agreed, the owner receives a certificate of ownership of the property with certain boundaries, and the data are entered into the inventory register.

What is important to remember during the procedure?

It should be noted that land surveying has certain nuances:

1. It can be carried out only in the presence of title documents.
2. If there are several sites on the same territory, the establishment of their borders is paid separately.
3. In any case, 7 days before the procedure, you need to notify the neighbors.
4. In the process of setting boundaries, you may have to use boundary signs.
5. Upon completion of all geodetic works, you should receive an act of coordination of the size of the territory.

Naturally, land surveying should be displayed in the state register.

The order of work

It provides for certain stages:

1. To get started, you should contact a licensed surveyor. It is she who conducts measurements and marking the territory, prepares all the necessary documents. With this organization you need to draw up an agreement in which all the nuances will be indicated.
2. Next, you need to notify the neighbors whose land is adjacent to yours. Make sure they are notified. Without their presence, you can get problems and conflicts.
3. Measuring and fixing the boundaries of your territory. In addition, the engineer draws up a land survey, which is signed by all those present: a surveyor, the owner of the site, neighbors, as well as a representative of the state administration.
4. Next, you will need to pick up a survey plan at the time indicated by the specialist. Often more than a month this document is not prepared.
5. Lastly, you will need to register your territory with the state registry.

If after this procedure you decide to change the boundaries of the plot, then you will have to re-register it with cadastral records.

The concept of "boundary dispute." Why do disputes appear?

Land surveying (the instructions are already known to you) does not always go without problems. Often conflicts arise between neighbors that cannot always be resolved peacefully. A boundary dispute is a disagreement between neighbors that arises if they believe that the boundaries of the site are not defined correctly. However, the owners of adjacent territories do not always dispute the decision of the surveyor. That is, in many cases, the issue can be resolved peacefully.

Please note that if a dispute exists, then it is not a sufficient basis for refusing to register ownership of the territory.The reasons for the appearance of such conflicts can be different: a real violation by third parties, the inability to arrange the land as expected, banal greed.

Varieties of boundary disputes and solutions

Now we should consider why there is disagreement between neighbors. Land surveying of the land (the instructions were set out above) can cause various disputes:

1. If the neighbor carries out this procedure, but he did not bother to tell you or agree on the boundaries. To resolve this conflict, you should contact the Rosreestr.
2. You know that the borders of the adjacent territory are set in violation of a procedure or law. In this case, the actions of the cadastral engineer and Rosreestr should be appealed. In this case, the disputed area should be removed from state registration.
3. The owner of the neighboring territory does not want to help in solving the problem and restoring the violated rights. In this case, it must be presented with requirements regarding information about the boundaries of the site.
4. Land surveying was carried out, but you think that the rules for the implementation of the procedure have been violated. In your opinion, your neighbor has taken away part of your territory from you. To remedy the situation, the removal of border points and their fixing is carried out. Naturally, you will have to solve problems through conversations with a neighbor.
5. There was no survey, no exact boundaries were established, but the parties cannot reconcile. In this case, as in many previous ones, you should go to court. However, try to solve the case without this red tape.

Features of the trial

Land surveying (disputes may drag out this process) often exacerbates conflicts between neighbors. Naturally, in order to put everything in its place, it is necessary to submit an application to the court of general jurisdiction. The procedure consists of several stages:

• Handling a statement. It indicates all the information of the applicant and the defendant, the content of the violation of rights, the location of the facts of the violation, as well as the requirement to restore justice.
• Initiation of proceedings for consideration of the submitted application.
• The trial. At this stage, the main and additional evidence of the parties, the hearing of the parties and their witnesses are considered.
• Adoption and announcement of the decision.

If you do not agree with the court verdict, you have the opportunity to appeal it within 10 days. In general, the review period is not more than 10 days. Moreover, 5 days are required for the final execution of the decision. There are cases when the trial may be delayed, but not more than 2 months.

That's all. Good luck with your peaceful neighborhood!