What Documents Are Required from Neighbors When Registering a Plot?

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Published: March 25, 2017

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In light of the new changes made to land legislation, starting from 2021, it will be impossible to make any transactions with land if a specific plot has not been surveyed in order to clarify its boundaries.

Therefore, before the appointed time, all landowners need to carry out this procedure, although previously the law was not obligatory to do this. However, the Russian authorities are thinking about expanding the tax base through land properties and reducing the number of unregistered plots of land.

What document is issued based on the survey results and what actions the owner needs to take with it will be discussed in this article.

What document is issued after land surveying?
What does a boundary plan look like?
What to do after the survey?
How to change the boundaries of a land plot after land surveying?

Stages of land surveying work

Study by employees of title, cartographic and geodetic documentation, and other source materials provided by the customer;
Work on the site, which includes its study and assessment, study of boundaries, the presence of objects (natural, communications, buildings), their dimensions and altitude points.;
Drawing up a technical project with a preliminary warning to owners and neighbors about work to draw boundaries on the territory, agreeing and fixing boundary signs in place, as well as determining the exact area of the site and its boundaries;
Calculation of the plot area using coordinates in accordance with boundary signs;
Justification of the boundaries of the site using geodetic equipment and aerial photography;
Preparation of survey documents with the introduction of updated data, drawing up a topographical diagram;
Consolidation of all data with certification from the relevant government agencies;
Entering data into the state cadastral register;
Submitting a copy of the case to the archive for storage;
Handing over documents to the customer.

To be able to carry out land surveying, the organization must provide the following documents: statutory documentation (for legal entities) and a civil passport (for individuals), an extract from the Unified State Register of Real Estate and other documents confirming the right of ownership of a land plot, a plan of the latter or a cadastral passport.

Branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Rostov region

Conflicts between neighbors over land can be avoided only by determining the exact boundaries of adjacent plots. Without the consent of a neighbor, it is allowed to carry out the procedure by notifying him in an official way at least three times. The latest notification acquires the status of a signature of the owner of the neighboring territory.

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Previously, the owners of such territories often had problems selling them or registering rights to them. Now the forest amnesty will simplify the procedure. The owner of the plot will not need to re-conduct land surveying (if it was carried out earlier) and contact Rosleskhoz for additional documents.

Documents for determining the boundaries of a land plot

To carry out work to determine the boundaries of a land plot or verify the correctness of existing ones, the client must submit the following documents:

tenants who have received land lease from the municipality or other property management committee provide a copy of the agreement indicating the boundaries of the plot, as well as a cadastral plan or passport for the leased plot;
a new sample certificate of ownership of a plot of land indicating the cadastral number and address of the plot - for those who have received ownership of real estate over the past 5-10 years;
an old-style certificate of land ownership indicating the cadastral number and boundaries of the plot - if the privatization of the plot was carried out 15-20 years ago;
an extract from the land cadastre indicating the coordinates of turning points - indicators are determined based on information about the site that is available to government agencies;
boundary plans of previous years, orders for obtaining a land plot, other title documents that were issued in the past 30-40 years during the allocation of the plot.

If the owner or tenant cannot present the specified documents, then he must have in his hands, at least, an act on the allocation of this plot.

In addition, the customer must provide his passport, as well as attach a power of attorney if the personal presence of the land owner is impossible.

Nuances of paperwork for land surveying

Based on these documents, the cadastral specialist will register the plot, and it will be assigned a number, and the owner will receive a cadastral passport within 20 working days. Thus, we see that preparing documents for a land plot without a cadastral number will take more time and, accordingly, the land surveying procedure may be somewhat delayed.

If a citizen makes a request for land surveying not on his own behalf, but through a representative, then he will definitely need to issue a power of attorney, as well as a package of copies of documents certified by a notary, otherwise land surveying in a representative way will not take place.

Example of an extract from the register

Our company carries out a full range of land surveying works in all districts of Moscow and the Moscow region. The term for completing the service with the preparation of a package of documents will take about 2 days, the cost of the work is within 30 thousand rubles. If the package of documents is prepared in advance, then the land surveying work will be completed within a day, the price for the service is within 5 thousand rubles.

You can ask questions, find out how much the work will cost, the timing of its completion, or order the service by phone.

Land surveying, what documents from neighbors?

If the site borders on others, it is necessary to notify neighbors so that they are present when engineers carry out land surveying work to coordinate the boundaries. Their presence is necessary because Many situations arise when neighbors use each other's lands without knowing it.

Contact a licensed geodetic company that will carry out engineering and geodetic work. If you need land surveying services, write to the online lawyer-consultant box at the bottom right of the screen. You can also consult with him for free.

The procedure for land surveying in horticulture and the documents required for the procedure

Passport . You will need identification of the owner in whose name the plot is registered. He can be replaced by a representative for whom a power of attorney certified by a notary has been issued.
Certificate of ownership of a plot in SNT or an extract from the Unified State Register of Real Estate. If the land is not owned, but any document is needed on the allocation of the plot to a person for indefinite use.
Any technical documentation for the site.
Statement . Filled out on the letterhead of the organization or written randomly by hand.

Type or handwrite the notice. Indicate in it the date, time and place of work. If there are several adjacent neighbors, then it is better to prepare a notice for each separately (the form can be downloaded on the Internet).
Go around to all your neighbors, tell them about the upcoming land survey and ask them to sign the notice.
Give notices signed by neighbors to the engineers before starting land surveying work.

What documents are needed to start building a private house, cottage or dacha?

Registration of a land plot should begin by submitting an application to the Ministry of State Property Management (a copy of the passport is attached to the application). If the plot has not been previously privatized, it takes less time to register it. The application review process should take two weeks, but in practice this process takes longer.

contract of sale and purchase (or donation) of land;
passport of the land plot;
permission (petition) from the head of the local administration of the district to provide a site for construction;
master plan of the site;
the act of establishing in nature the axes of the building and the boundaries of the land plot;
topographic survey of the site.

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What documents are given to a neighbor when surveying a plot?

The cadastral plan, which is drawn up by territorial bodies that carry out cadastral registration of land and assign cadastral numbers to land plots, contains all the necessary information about your plot, including its cadastral value, category of land, area, as well as a diagram of its boundaries on a fixed scale indicating coordinates nodal points and the length of each distance between them.
If there is no cadastral plan, it is necessary to attach a copy from the general plan according to which the plots were “cut” or a fragment of a topographical diagram at a scale of 1:500 or 1:1000 with the boundaries of the plot marked on it. 4 Title documents include a state act of ownership of a land plot issued before 2001 or a Certificate of ownership of a land plot issued after 2001. To do this, you can use either the mail (registered letter with notification, and experienced lawyers advise sending it not once, not twice, but three times), or a local newspaper. Next, the geodetic company carries out preliminary surveying. And if there is no reaction from the neighbors within a month, then the land survey will be considered agreed upon.

What to do if your neighbor doesn't agree

If a neighbor of an adjacent plot does not sign the act of approving the boundaries of the land plot, then the best option would be to go to court. This issue will arise most acutely in a situation where a neighbor arbitrarily seizes part of the lands that do not belong to him and refuses to eliminate the violation. What to do when a neighbor climbs onto my property becomes immediately clear - go to court.

In this case, the court will restore the legal boundaries of the plots and make appropriate adjustments to the documentation.

It is possible to carry out land surveying without obtaining the consent of the owners of adjacent plots in some cases:

Ignoring by the neighbor notifications about the planned land survey, which were sent to him three times by registered mail;
The notification was carried out properly and there is appropriate confirmation, but the neighbor did not make any claims;
The absence of a neighbor for a long time when his whereabouts are unknown or there is information about his departure from the country;
Availability of a neighbor's permission obtained through an electronic signature. This option can be used if a neighbor has been in another region for a long time and has no real opportunity to come for the procedure.

When going to court, the main reason for filing a claim should reflect the neighbor’s refusal to carry out the procedure. At the same time, it is worth remembering that the plaintiff himself should not violate the rules of exploitation of the territory allocated to him and respect his borders.

How to obtain and draw up consent from neighbors to build a house closer than three meters to the property line

As mentioned above, outbuildings should be located at a distance of 1 m from the border , but the bathhouse should be located at a distance of 8 meters from the fence . If you plan to build any of these objects in violation of building codes, you will have to enlist the support of your neighbors, who will formulate an agreement.

it is allowed to use any form to compile it, but it is still recommended to view the sample indicated above;
experts advise additionally contacting a notary to certify it, and this is considered especially important if a neighbor sells his property to another person in the future, and the new owner does not agree with the construction of an object next to his property;
The consent must contain accurate and reliable information about the sites and the parties themselves so that they can be easily identified.

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How to register ownership of a land plot

The gift agreement is drawn up in writing. It is recognized as valid if there are visas of all parties to the transaction. In addition, the provisions of the contract must not conflict with the requirements of Article 572 of the civil law.

After the collection of documents is completed, it is necessary to transfer the amount of the state fee for registration actions to the budget account. After document analysis by specialists of the registration authority, citizens receive a certificate of ownership of the land plot.

12 Jun 2021 uristlaw 226
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What documents are needed for land surveying?

Land surveying is carried out by cadastral engineers, whose responsibilities include this work. If necessary, you can find such a company through advertisements in magazines, newspapers or on the Internet, or ask for advice from friends who have recently carried out land surveying.