How land surveying takes place between neighbors: norms, act of border approval

In connection with the current state of affairs, when land ownership is determined by boundaries, and boundaries do not in all cases guarantee the inviolability of a person’s real estate, state cadastre specialists, lawyers and arbitration courts come to the defense of violated rights.

If you consider yourself a prudent owner who responsibly manages your real estate, pay attention to how appropriately your neighbors use the boundaries of their property. And if you think that you are a decent and honest person, ask whether you are violating the rights of your neighbors or crowding them out.

If something within the established boundaries bothers you, it is better to resolve this issue in advance, without reaching major conflicts that the land issue can provoke. It is not difficult to check the correct location of the boundaries yourself.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-46-83. It's fast and free!

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What it is?

This is the only historically established method of establishing the right to own land . That is, this is a form of land relations, on the basis of which a basis is established for determining the belonging of a land plot to a specific right holder, as well as to the unique geodetic context in which it is inscribed in accordance with its natural origin.

Boundaries can only be established in relation to lands involved in circulation. Only after they have been established, the plot acquires a unique cadastral number, it is entered into the records and its copyright holder can receive title and right certifying documents stating its legal use or ownership.

The boundary of the memory consists of:

• from the factual part;
• boundaries of adjacent areas.

Actual border

• This is a complete continuous line that is determined as a result of surveying work carried out in relation to your property.
• It is reflected by the coordinates of turning points on the plan of your site and is indicated by special topographic signs.
• This line defines:

1. The fact of the presence of boundaries between plots, the isolation of the owner’s land plot.
2. Shape and configuration of the memory.
3. The specific location of the land plot on the ground and in the cadastral quarter.

Boundaries of adjacent land plots

They are established after drawing the actual boundary on the plan and require additional approval. This procedure is carried out by a cadastral engineer when surveying one or more land plots, with the invitation of all interested parties who sign the established coordinates of the boundaries.

For each plot, the actual boundary is defined as its internal part, adjacent directly to the owner’s land. The border of adjacent plots is located outside, closely adjacent to the main boundary line. In essence, this division is of a legal nature, which requires the allocation of property rights.

What is the location?

1. The location of the boundaries of the land plot is fixed by coordinates established as a result of geodetic and topographical work, the passage of a line dividing land plots belonging to different owners or on the basis of other legal precedents.
2. It is determined by the presence of boundary signs.

3. The boundaries of the land plot are established in accordance with the standards defined by the Land Legislation and are recorded both on the ground and in the records of the State Real Estate Cadastre (GKN).

4. Based on the boundaries established in relation to the memory, it is possible to determine:

• its location;
• square;
• shape;
• unique soil characteristics;
• place in a landscape area;
• contextual location.

The location of the boundaries of the land plot is established by the cadastral engineer based on compliance with registration records and cannot be changed arbitrarily. Information about the location of the site boundaries becomes available after boundary work is carried out.

Marking boundaries

When marking, a drawing existing on paper is transferred into reality. At the same time , it must be included in the existing context quite harmoniously , without disturbing the already existing order of things.

Before marking, the area is prepared for work. It is freed from windbreaks, dry branches and grass. If necessary, the soil is prepared in a special way so that the pegs driven into it are properly fixed, since this moment plays a decisive role in marking.

To do this, trees growing at turning points are cut down and stumps are uprooted.

Surveyors choose the best option for cutting the site. To do this, if necessary, create several sketches, choosing the most suitable one.

Marking helps to restore or determine unidentified boundaries of the memory. It also applies:

1. When drawing out the boundaries of the site in nature.
2. When zoning the territory.
3. When surveying an existing site and registering it as property.
4. To carry out design work on the site and determine the optimal properties of the territory.

If boundary markers are lost due to natural disasters or other reasons, they must be restored without fail.

The concept of brokenness

Accordingly, they may have an uneven surface, corners or sharp bends. In accordance with the presence and volume of fractures located along the boundary line of the site, geodetic and topographical work becomes more complicated.

Subsequently, the presence of kinks and the quality of the boundary can have an impact:

1. To coordinate boundaries with neighbors and the general configuration of plots.
2. On the convenience (inconvenience) of cultivating land and carrying out construction work.
3. On its attractiveness in a property transaction.
4. When dividing a plot into three or more parts.

If kinks do not arise for natural reasons, but artificially - as a result of combining sections or for other reasons, experts recommend finding ways to align the kinks.

Intersection: occurrences

Crossing the boundaries of a land plot is a shift in the boundaries of land plots:

• to the side - left or right;
• left and right at the same time;
• forward or backward;
• pulled forward and backward at the same time;
• completely moves out of its place.

In some cases, the situation reaches the point of absurdity: in place of one site there appears another.

Crossing the boundaries of a land plot is a cadastral error that can arise as a result of:

1. Markings, if surveyors do not go to the area, but establish the cadastral number of the site or its boundaries according to the drawing existing in the records.
2. The very seizure of the property, if the owner has thus expanded his own territory.
3. Sales of a plot without outlining its boundaries, which does not provide a reliable picture of its location on the ground.
4. Technical error in GKN records.

If such a violation is detected, it is necessary to recreate the rule of law in the location of the sites through their coordination. This process is not easy in all cases.

Sometimes restoring the boundaries of a site in kind is not enough; the issue of the territory has to be resolved through the courts.

In some cases, when the situation involves the seizure of nearby unowned lands , crossing borders brings certain benefits that may later be canceled. In order to preserve them, you need to register an extension to your plot according to the law.

The disadvantages in this case are much greater. If an overlap of boundaries is discovered during a property transaction, it may be annulled. In some cases, a plot of land acquired without specifying boundaries, on which the construction of a permanent structure began, violated the norms for the location of buildings.

In such cases, the issue must be resolved in court and defend your right to use the site at your discretion. The matter becomes especially troublesome when the imposition of land plot boundaries covers several plots and violates the property rights of one of the owners. Only a cadastral engineer whose competence includes:

• restoration of the boundaries of the memory;
• coordination of boundaries with neighbors;
• expert review;
• preparation of documents for court.

In particularly acute cases, it is allowed to draw up a single boundary plan covering all areas with intersecting boundaries, on the basis of which their new formation is made.

As for accounting records , if an overlap of boundaries is detected, accounting work is suspended until the circumstances are fully clarified and proper order is restored. If a detected error was made by the State Property Committee, it is obliged to correct it without involving the owner of the land plot in the process.

These are established standards that oblige the owner to comply with the indentations accepted as sanitary standards. They are established in relation to the location:

• residential and non-residential buildings;
• linear (engineering) structures;
• communications;
• fences;
• growing trees.

In addition to the established standards for compliance with the rules for organizing the space of a site, there are special standards that comply with fire safety rules that minimize the risk of fire in buildings and allow the effective operation of fire equipment in the event of a fire.

The minimum distance from the border of the land plot to buildings is as follows:

1. From the house - to the border of the neighboring property - at least 3 meters, taking into account the possibility of access in case of fire.
2. The distance between houses on adjacent plots is at least 6 meters.
3. For bathhouses, garages, sheds and other outbuildings - 1 meter.
4. Tall trees are 4 meters, and short trees are 2 meters.

These parameters are applicable for large plots in cottage villages. On plots from 8 to 12 m2, the minimum distance from the house to the boundary line is 1-1.5 m.

These standards must be observed in the direction of neighbors and demand their compliance in your address. They are based on the following documents:

1. For summer cottages, based on SNiP 30-02-97.

Land surveying with neighbors

• The legal capacity of land owners depends on the results of boundary surveying with land plots located in the neighborhood .
• It is also very important for owners of neighboring plots to clearly define and secure boundaries.
• Therefore, their presence during land surveying and their expression of their opinions are an important condition for the correct and legal conduct of the land surveying procedure.

When approval is needed

One of the stages of the process of land surveying is the coordination of its boundaries with adjacent landowners. This is the most difficult moment, which causes many conflicts and litigation.

Let's look at how to properly survey a plot of land with neighbors and what documents will be required from them.

Agreeing on the location of boundaries is required if the neighboring area :

• relates to the personal property of its owner;
• belongs by right of lifelong inheritable ownership;
• is in constant perpetual use;
• leased from the state or municipality.

This is regulated by Part 3 of Article 39 of Federal Law No. 221 “On the State Real Estate Cadastre”. A neighbor participating in the determination of boundaries has the right to raise objections only along his own border.

Obtaining approval occurs only free of charge .

Notification of neighboring property owners

1. Once the approximate day for the survey has been set, it is required to notify all owners of land plots bordering the given one .
2. The law sets a time limit for notification: it must be sent no later than 30 days before the expected day of approval.
3. You can notify your neighbors in several alternative ways:

1. Notify by registered letters with notifications . The places of residence of neighbors can be found out in the cadastral service. It is advisable to use this type of notification when there is confidence that the citizen will not sign the notice, and therefore the act of approval. Therefore, it is advisable to send three letters to the neighbor, since a letter sent three times in the name of one person becomes a basis for believing that the signature of this person received.
2. Personally deliver the notices to each of the recipients, receiving his signature. If there is no signature, it will be impossible to prove that the neighbor was not served with a notice.
3. Send an email (with a read receipt). This type of notification is the least popular, since not everyone has an email and email addresses are not publicly available.
4. Publish an ad in the local press . This is usually practiced if the place of residence of a neighbor cannot be determined, or when delineating plots located within a gardening and dacha partnership.

A notice sent to a neighbor can be written in free form (a sample can be viewed and downloaded via the link), but it must include the following information :

1. The notification begins with an address to this specific citizen indicating his full name.
2. Next, enter the full name of the person requesting the procedure, his address and telephone number for contacts.
3. The data of the cadastral engineer, his full name, address, telephone number are recorded.
4. The address of the actual location of the site and its cadastral data are indicated. If there is no address yet, the block where the site is located is indicated.

Information about adjacent areas is included, with addresses and exact numbers. At the end, the time and place of the planned coordination and ways to obtain information about the procedure being carried out are indicated.

How does the procedure work?

• The law allows for approval to be carried out separately with each of the owners or joint approval by convening a meeting of neighbors.
• The collective method is more preferable, since it is possible to jointly review previously prepared cadastral and boundary plans, evaluate the boundaries and discuss them.
• All explanations are made by the cadastral specialist, who also fills out the approval document, which must be signed by all participants.
• The specialist must:

1. Personally check the passports of those present, and, if necessary, verify the presence of a notarized power of attorney.
2. Provide all interested parties with documents, diagrams and plans, and explain the details.
3. Show the location of plot boundaries on the ground.

If the prepared documents do not raise any objections or complaints, then the approval is considered received and an act of approval of the boundaries of the land plot is drawn up.

Signing of the final act

An act of approval is a document by signing which all adjacent land users express their agreement or disagreement with the establishment of boundaries .

Boundaries are considered as agreed upon if the act is certified by the personal signatures of all landowners, and in the absence of owners there are objections written by them.

Acts are drawn up according to established rules , violation of which makes the document invalid:

• The act is signed by all owners of adjacent plots or their legal representatives.
• All information entered in the act must be truthful and correspond to the data from the cadastral plan and other documents.
• If disagreements arise during the discussion, they are documented in writing in a separate document and filed with the act.

Any disagreements that arise are resolved according to the terms of the Land Code of the Russian Federation . If this is not possible, the situation will need to be resolved through the courts.

The act indicates the full names of all adjacent landowners, their opinions on the boundaries of the site, and also inserts diagrams and drawings of the sites.

Many people are interested in the question: is it necessary to have the consent of neighbors when carrying out land surveying of their property? The law provides for cases when it is possible to carry out approvals without involving neighbors.

Such cases include:

• All adjacent landowners have already carried out land surveying of their plots , the boundaries have been documented and in fact, the interests of the customer of these cadastral works have not been affected. The cadastral engineer must obtain all the data on these plots and note this in his documents. The plot is simply “tied” to the already registered boundaries of adjacent plots.
• It is impossible to establish the exact place of residence of the neighbor , the site has long been abandoned, no one is looking after it, his address and contact details are unknown to anyone. In such cases, advertisements are published in newspapers. If the owner of the site does not make himself known within a month, the approval is considered to be carried out by default.
• The owner does not appear at the appointed time , despite the fact that he was notified by letter or in person. There were no written objections or justifications for his reluctance to participate. Therefore, the approval is considered as received, the corresponding entry is entered into the act, and the boundary plan is supplemented with the necessary documents.

Please keep in mind for the future that if this neighbor provides evidence that his failure to appear is valid (illness, missed notice, stay abroad), he has the right to seek a review of the approved boundaries through the court.

When a written refusal indicating the grounds for absence is received within a month after notification , this document is also filed with the approval act, and a special note about this is made in the text.

Objections do not prevent full use of the site , but future disputes are possible, and the buyer will need to be notified of this upon sale.

When is it possible to set boundaries without agreement?

If the boundaries of the site do not pass through the sites included in the Unified State Register of Real Estate, they are not required to be approved by law.

It is necessary to coordinate only those areas that simultaneously serve as boundaries between neighboring areas (Article 39 of Federal Law No. 221 “On Cadastral Activities” as amended on July 3, 2016). That is, if the site borders on vacant land or faces the street, there is no need for approval.

No approvals are required if this land plot is adjacent to :

• forest area;
• a specially protected area (for example, the borders of a country);
• agricultural lands in the Far North, Far East and Siberia;

Cadastral errors

When establishing the boundaries of a plot, errors occur, most of which fall under the responsibility of the cadastral specialist . It is he who is responsible for the correctness and legality of the procedure.

The most common mistakes when surveying:

1. Carrying out cadastral work led to a violation of the rights and interests of the owners of other plots, namely, a certain part of their territory was seized.
2. The agreement was not carried out or was carried out in violation of the laws. For example, neighbors were notified late or were given incorrect information.
3. The act was drawn up in violation of the law and contains errors . For example, the required signatures do not belong to the real owners of the plots or their signatures are forged.

Strict sanctions apply to the cadastral engineer . For example, repeated violations lead to the fact that he is deprived of his license and the right to work in this field.

Conclusion

In order to carry out cadastral work correctly, it is necessary to comply with the procedure and the legislation of the Russian Federation . Timely notification of neighbors about the upcoming land surveying procedure is one of the most important steps. The order should be entrusted to a cadastral engineer, who is fully responsible for the correct implementation and compliance with the laws.

But the owner of the plot should not withdraw from participation in determining boundaries in order to follow the procedure, which will allow him to avoid problems with neighbors and the law in the future.

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What is the procedure for agreeing on the act of locating the boundaries of land plots with neighbors and the administration under the new law?

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What it is?

Coordination of the boundaries of a land plot is an element of the land surveying procedure that determines the right and regulations for the use of adjacent lands of the owners. It is the result of boundary work. It is drawn up on the basis of geodetic measurements carried out with high-precision measuring instruments.

• In simple words, this is an agreement on the location of a land plot with neighbors, taking into account documentation and not to the detriment of anyone.
• The procedure for approving the boundaries of a land plot certifies the conduct of cadastral work and the approval by personal signatures of the consent of the owners to the location of the boundary boundaries.
• After clarification of the boundaries, the authority of the documentation drawn up by the cadastral engineer acquires legal force and determines compliance with legal standards, with no violation of the property rights of neighbors.

Act of approval of the boundaries of a land plot with neighbors: sample, form

It is drawn up in the form of an official document reflecting the norms for the execution of acts. Allows free form of compilation, with the obligatory indication :

1. Addresses or locations of storage facilities.
2. Information about the owner.
3. Information about the owners of adjacent plots.
4. Reasons for compilation.
5. The fact that neighbors are familiar with the location of the borders.
6. Information that neighbors agree with the information presented.
7. Surnames of neighbors and addresses of their residential buildings.

In conclusion they put:

• signatures of all participants;
• cadastral engineer;
• Date of preparation.

The finished document is certified by the seal of a cadastral engineer and issued to the owner of the land plot on paper , attaching it to the land survey file. The electronic version is transferred to Rosreestr , where information about the approval of boundary surveys is entered.

Below you can download:

Coordination of land boundaries with neighbors under the new law

“New law” is, of course, a loud word, but that’s what many people call it, including government employees. organs, so we decided to follow the general trend.

The innovations are based on the norms of the Federal Law on the State Real Estate Cadastre (GKN) No. 221-FZ of July 24, 2007.

, where Article 39 states that it is mandatory to coordinate boundaries between neighbors, with the drawing up of a corresponding act and hand-written certification of the entered information with personal signatures.

Since 2007, when the law on the State Property Committee was adopted, land owners who initiate land surveying are charged with the procedure for organizing and certifying the designated act. Until 2007, the signing of this document was not required .

The adoption of this provision was influenced by the provisions of Chapter 17 of the Civil Legislation on compliance with the property interests of owners. Since each boundary belongs to two owners, it is necessary to respect the property interests of both parties, which is regulated by drawing up an act of approval of the location of the border of the land plot, a sample of which is here.

If you have already carried out land surveying, then you can find out the boundaries of your site in several ways, described in this article.

Since this rule applies only to the real rights of land owners, it is not provided for neighbors who own lands on another legal basis.

For example, tenants do not have the right to sign an act of coordination of the boundaries of a land plot with their neighbors (the form for downloading is here), certification must be carried out by the legal owner, represented by the local administration.

Some situations require the attachment of appropriate documentation instead of the owner's signature . This is permitted if the owner has lost legal capacity and his successor has not acquired it. For example:

• serious disease;
• loss of legal capacity;
• serving a sentence in prison;
• death of the owner;
• his disappearance and inability to establish his whereabouts.

In such cases, instead of a personal signature, a corresponding document is attached in the form of an extract from a court decision, a certificate from the migration registration department or an extract from a clinic.

If the citizen is located outside the locality, consent can be sent by email. But subsequently, upon arrival, the neighbor will need to sign a completed form for approving the boundaries of the land plot.

In principle, approval of the boundaries of a land plot is not required only when the boundaries cannot be established . For example, the territory of the state border is adjacent to the site.

Also, approval is not required if it is planned to clarify the boundaries with a change in the area of ​​the land plot, which is ownerless.

If you have disputes with your neighbors and they do not give their consent to land surveying, then our instructions will help you.

Step-by-step instructions for coordinating storage boundaries

It is required to notify the owners of adjacent plots about the planning of boundary work . The notification must occur no later than one month before the date scheduled for the general meeting of owners of adjacent land plots.

Notice Rules and Regulations

According to the regulations, the following forms of notification about the approval of the boundaries of a land plot are allowed:

• personally against signature;
• by email;
• by registered mail;
• publication in the media.

In the first and second cases, persons are notified who are guaranteed to come up and certify the act , and also sign the notice of approval of the boundaries of the land plot or respond by e-mail, which will serve as evidence of a bona fide notification.

It is convenient to notify citizens whose location is known, but who are hostile to the planned procedure, by registered mail . If they are notified three times and ignore the notifications without appearing, then instead of a signature, documents about the postal item received from the post office operator and certified by his signature and seal are filed with the act.

1. Persons whose location is unknown are notified through the media by submitting an announcement about the meeting of owners, indicating the addresses of the sites.
2. Notice form.
3. Notice of approval of the boundaries of a land plot - sample.
4. A month after the last mailing or publication of an announcement, a meeting may be held.

After the neighbors are notified of the planned procedure, you need to submit an application to the geodetic company at the location of the land plot . The application is submitted to the cadastral engineer authorized to carry out the relevant services.

• Application for carrying out work on land surveying.
• During the month established as a regulation for notifying neighbors, the cadastral engineer performs the following work :
• On the day appointed for the meeting, the cadastral engineer personally comes to the meeting and clearly shows the assembled citizens the line of the boundaries between the plots.
• If the boundary of the land plot is not established according to the rules or with an error, then you should contact the geodetic company again.

When submitting an application you must provide:

1. Title document.
2. Certificate of ownership of the land plot.

The owners of adjacent plots come to the meeting with a passport and a certificate of ownership , from which the cadastral engineer writes out the details and enters them into the approval act.

The presence of representatives carrying out trust management on the basis of a notarized power of attorney is allowed.

Service cost

For the most part, geodetic companies do not charge a separate fee for approval, but use a standard price range, which is expressed in a fixed fixed amount of 5-7 thousand rubles. The cost of surveying depends on :

• settlement;
• company status;
• land categories;
• configuration and area of ​​the site.

The indicated cost applies to rectangular lands, 6-8 acres in size, provided for dachas or lands of settlements.

For complex configurations, calculations are made based on the number of turning points . In this case, the price range of the service can be determined summarily, that is, by adding up individual types of work.

Elite land or plots in the suburbs of Moscow and St. Petersburg are serviced according to separate calculations . As a rule, the minimum cost of work in these regions is 25-30 thousand rubles.

Taking into account the norms providing for notification of neighbors a month before signing the act, the procedure for agreeing on the location of the boundaries of land plots is not carried out for less than 30 days, but usually reaches one and a half months . If the company has a large number of clients, the execution of the service may be delayed taking into account the priority.

For an explanation from the Ministry of Economic Development on the coordination of the boundaries of land plots, see the following video:

Features of coordination with the administration

If the neighboring lands belong to the municipality, then it is necessary to coordinate the boundaries of the land plot during land surveying with the administration . This point requires compliance with the following legislation:

1. The responsible person for drawing up and certifying the approval act is the cadastral engineer.
2. He is obliged to personally inform the authorized official about the rules and regulations of the calculations carried out when determining the boundary boundaries.
3. The administration, represented by an authorized representative, does not have the right to refuse to participate in the coordination of boundaries.
4. The executive committee must submit all refusals to attend in an official form that requires an explanation.
5. The parties have the right to resolve all controversial issues regarding the establishment of boundaries only in court, in accordance with the law.

At the discretion of the parties, a personal visit by an authorized person by a cadastral engineer is allowed to provide expert information and obtain a signature.

It is not recommended to coordinate the boundaries of the land plot with the administration independently, without the participation of a cadastral engineer.

The article shows the procedure for agreeing on the boundaries of a land plot. All emerging nuances must be resolved in consultation with an experienced lawyer or cadastral engineer.

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Coordination of land boundaries with neighbors according to Law No. 221

Land ownership implies the need to agree on boundaries with neighbors. Frequent changes in regulations that regulate land issues create confusion. To avoid controversial issues, the land surveying procedure must be carried out in accordance with the latest edition of the Federal Law on Cadastral Activities.

What is it for? The right to use purchased or leased land does not relieve a person from responsibility for violating the rights of neighbors. Without knowing the boundaries of his territory, the owner can intentionally or accidentally seize someone else's land and erect his own bathhouses, sheds and other buildings on it. Then he is forced to deal with the angry land owners in court.

Coordination of the boundaries of a land plot with neighbors according to the new law 221 (as amended on August 2, 2022) is mandatory for all territories where, for various reasons, the dividing line is unclear. The main shortcomings due to which there is a need for clarification:

• the owners agreed verbally, without drawing up official documents;
• the owner of the disputed territory has been absent for a long time and part of his land is used by neighbors;
• during the previous survey there were technical inaccuracies;
• the land passes to the new owner, he must know the actual plan and boundaries;
• two sections are combined or one needs to be divided into several.

In all these cases, it is necessary to coordinate the boundaries according to the new law.

Procedure for coordinating boundaries with neighbors

Official recognition of legal borders takes place in several stages. At the first stage, the owner contacts the cadastral organization and enters into an agreement with it. Then a time is set for a meeting of all interested parties. Citizens are notified of the appointed date.

Carrying out work to coordinate the boundaries of the site and recording the results in an official act completes the procedure. All legal users agree to this section by affixing their signatures to the document. The absence of the owner confirming receipt of the notification is automatically considered consent to the act.

Features of the notification procedure

In order to gather people by the appointed date, notifications are sent out no later than thirty days in advance. The notification contains information:

• who ordered the work;
• which engineer will carry them out;
• cadastral data on the main plot;
• site address;
• data from neighboring territories;
• where you can get information on the boundary plan;
• date, place, time of work;
• deadlines;
• address for expressing complaints.

One of the notification methods is personal notification. Having received it, a person is obliged to sign it. The courier can be either the interested owner or a representative of the cadastral organization.

Handing the notice in person is the most reliable way, but in practice it is not always convenient. The owner may be located far from his place of registration, in another region or even country. Then a registered letter with notification is used. It is delivered to the addressee by postal workers, taking in return a signature on receipt.

Another way is to publish in a local newspaper. Usually this is how they report the holding of a general meeting of owners, the need for their presence during work to establish boundaries for several plots, the territory of a village, gardening, and other land associations.

Now that electronic communications have become widespread, the state cadastre data includes the electronic addresses of owners. This allows you to send emails requiring confirmation of receipt.

Carrying out work

On the day of collection, approval of the boundaries of the land plot begins with checking the documents of the interested parties. Owners and tenants must carry a passport, proof of ownership or power of attorney. The cadastral engineer shows the drawings of the site, explains what is depicted on them, and what work is to be done.

After all the turning points of the sections have been established, the lines connecting them are declared to be the boundaries of neighboring sections. It is prohibited by law to move the milestones placed by the engineer. Violators face a fine.

The approval of boundaries is confirmed by the official seal under the land surveying act. Electronic data is sent to the official Rosreestr database.

Cases when neighbors' consent is not necessary

If the owner received a notification but did not show up, he is automatically considered to agree. It happens that the owner could not be found. Timely publication in the newspaper is considered sufficient to enable the engineer to carry out calculations on time.

If the disputed border approaches a forest, river, lake, state border, protected area, and is fenced on all sides by adjacent areas, the boundaries of which have already been established, no approval is required to draw up the act.

The owner may lose ownership due to serious illness, imprisonment, or death. If there is no legal successor or he has not re-registered the territory to himself, no approval is required. An official document is attached to the act: an extract from the court, the migration commission, a death certificate.

Errors when negotiating boundaries

There are technical and cadastral shortcomings. In the first case, errors are made when entering information into the register. For example, the plot data is mixed up. To correct the situation, just rewrite it by filling in the correct information.

Errors in the cadastre are associated with distortion of the configuration of the plot, changes in its actual area, and drawing the border through neighboring plots. To correct them, you have to carry out the entire complex of measures again.

We wrote in detail about cadastral errors in the article: “What is a cadastral error and how to correct it.” In order for a new territory plan to have legal force, it must be drawn up by a specialist - a professional cadastral engineer.

Contacting an official organization is a guarantee of legality: you won’t have to do the work twice and present claims in the courtroom.

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Act of approval of the boundaries of a land plot

24.01.2018

In the case of the formation of a new land plot, clarification of the boundaries of an existing plot, or registration of ownership of a long-used land plot (for example, under the “dacha amnesty”), the necessary procedure is to coordinate the boundaries of such a plot with the title holders of adjacent land plots. The result of this procedure is reflected in the boundary approval act.

1. Why do we need an act of approval of the boundaries of a land plot?

A document such as an act of approval of the boundaries of a land plot (if there are adjacent land plots registered in the state real estate cadastre (GKN)) is a mandatory part of the boundary plan.

A boundary plan is in fact the only document that is needed to register a land plot for cadastral registration, to record part of a land plot, or to enter information about changes in the unique characteristics of a land plot into the State Property Committee.

According to the law “On state registration of rights to real estate and transactions with it” (clause 1.2 of Art.

20), “it is not permitted to carry out state registration of the right to a real estate object that is not considered registered in accordance with the Federal Law “On the State Real Estate Cadastre”.

In addition, even if the site is registered, state registration of rights to it may be suspended.

This can happen if the State Property Code for such a land plot “does not contain information about the coordinates of the characteristic points of the boundaries of such a land plot or one of the boundaries of such a land plot intersects one of the boundaries of another land plot.” However, there are some exceptions when registration is permitted even with unspecified boundaries:

• 1) if the right to a land plot has been previously registered in the manner prescribed by law;
• 2) if an application for state registration of the emergence, transfer or termination of ownership of a land share has been submitted;
• 3) if a land plot in state or municipal ownership was formed by redistributing such a land plot and a land plot owned by a citizen;
• 4) if such a plot of land is provided for personal subsidiary farming, dacha farming, vegetable gardening, gardening, individual garage or individual housing construction (the exception is valid until January 1, 2018);
• 5) if the right arises in connection with the re-registration of the right to permanent (indefinite) use of a land plot (the exception is valid until January 1, 2018);

6) in other cases established by federal law (the exception is valid until January 1, 2018).

Coordination of the boundaries of adjacent land plots can be an end in itself, when this procedure is carried out by cadastral engineers to resolve disputes between neighbors. If the parties to the dispute do not reach an agreement

between themselves, the issue can only be resolved in court.

At the same time, the cadastral engineer only records the claims of the parties and does not have the opportunity to independently set boundaries. If the boundaries are agreed upon, the cadastral engineer can designate boundary markers in kind and prepare documents for making changes to the boundaries and characteristic points of land plots in the State Property Committee (for legal confirmation of these boundaries).

1. Thus, coordination of the boundaries of the land plot and drawing up an approval act is necessary:
2. 1) upon the formation of new land plots for registration of ownership and other property rights;
3. 2) in the event of boundary disputes to clarify the boundaries of land plots;
4. 3) in the case of registration of ownership of land plots that are provided to citizens, but the rights to which are not properly registered, including in the case of registration of ownership of land plots under the “dacha amnesty”.

2. When is approval of the boundaries of a land plot necessary?

• In accordance with Article 39 of the Law “On the State Real Estate Cadastre” [1], the location of the boundaries of land plots is subject to mandatory approval if, as a result of cadastral work, the boundaries of a land plot or adjacent land plots, information about which is included in the State Property Committee, were clarified. At the same time, it is necessary to coordinate the location of the boundaries with the following categories of legal holders of adjacent land plots (interested parties):
• 1) owners (with the exception of cases when adjacent plots are in state or municipal ownership and are provided to citizens on the right of lifelong inheritable ownership, permanent (unlimited) use, and also provided to private enterprises on the right of permanent (unlimited) use);
• 2) persons who own plots of land on the right of lifelong inheritable ownership;
• 3) persons to whom plots are provided with the right of permanent (indefinite) use (except for state and municipal institutions, government bodies, local governments, state-owned enterprises);
• 4) tenants who have entered into lease agreements for land plots in state or municipal ownership for a period of 5 years or more.

3. What is the procedure for agreeing on the location of the boundaries of a land plot?

The procedure for agreeing on the boundaries of a land plot with the rights holders of adjacent plots is organized by cadastral engineers hired to carry out cadastral work, including carrying out land surveying and drawing up a boundary plan.

At the choice of the customer, coordination can be carried out either with or without establishing the boundaries of the land plot on the ground. In this case, interested parties may demand that the joint boundary of land plots be drawn in the area.

In some cases, the establishment of boundaries on the ground is still not permitted (on forest lands, lands of specially protected natural areas, agricultural lands intended for environmental use by indigenous peoples of the North, Far East, Siberia).

1. The legislation provides for two forms of coordinating the boundaries of a land plot:
2. 1) through holding a meeting of interested parties;
3. 2) on an individual basis.
4. If the individual procedure for approval is not regulated by law, then in relation to the organization of a general meeting of rights holders of adjacent land plots there are clear rules:
5. 1) The general meeting must be held in the locality in which the site is located, or in the nearest locality to it. Another location may be determined by the cadastral engineer in agreement with interested parties;

2) To invite interested parties to a meeting, a notice is given to them against receipt, sent by post with acknowledgment of receipt, and a notice is also sent by email.

Contact details of interested parties are taken from information entered in the state real estate cadastre. The notice must be given or delivered 30 days before the meeting. In this case, interested parties must have at least 15 days to file objections.

If interested parties refuse to receive notifications, they are considered to have been duly notified.

4) The notice must contain the following information:

— information about the customer of cadastral work, incl. postal address and telephone number;

— information about the cadastral engineer, incl. his postal address, email address and telephone number;

• - cadastral number and address of the land plot, cadastral numbers and addresses of adjacent land plots (in the absence of addresses, information about the location of the land plots is indicated) or the cadastral number of the cadastral quarter within the boundaries of which the specified land plots are located;
• - the procedure for familiarizing yourself with the draft boundary plan, the place or address where this project can be familiarized with from the day of delivery, sending or publication of the notice;
• — place, date and time of the meeting to agree on the location of the boundaries;
• — deadlines and postal address for delivery or sending by interested parties of requests for coordination of the location of boundaries with the establishment of such boundaries on the ground and (or) in writing justified objections to the location of the boundaries of land plots after familiarization with the draft boundary plan.
• Cadastral engineer during the coordination of the location of boundaries:
• 1) checks the powers of interested persons or their representatives (checks identification documents, documents confirming the powers of representatives, as well as documents confirming rights to the relevant land plots);
• 2) provides the opportunity for interested parties or their representatives to familiarize themselves with the draft boundary plan and provides the necessary explanations;
• 3) indicates to interested persons or their representatives the location of the boundaries of land plots on the ground, subject to approval (in the case of coordination of the boundaries with their establishment on the ground).

The result of the approval of boundaries is drawn up by the cadastral engineer in the form of an act of approval of the location of boundaries on the back of the sheet of the graphic part of the boundary plan. The location of the boundaries of the land plot is considered agreed upon if the approval document contains personal signatures of all interested parties or their representatives.

If a duly notified interested party or his representative did not sign the act of approval of the location of the boundaries within the prescribed period, or did not submit their objections in writing, a corresponding entry is made in the agreement act. In this case, the act is considered agreed upon. In this case, the boundary plan must be accompanied by documents confirming that the interested person was duly notified of the meeting.

If the location of the boundaries of land plots is not agreed upon by the interested person or his representative and such person or his representative has submitted objections to the approval in writing, entries about the content of these objections are made in the approval act. Objections submitted in writing are attached to the boundary plan and are an integral part of it.

Disputes that are not resolved as a result of agreeing on the location of boundaries, after drawing up an act of approval of boundaries, are resolved in the manner established by the Land Code of the Russian Federation, including in court.