In this article, we will tell you in detail how to independently determine the boundaries of a land plot. Such a need often arises for owners when their possessions are in close proximity to other objects. Quite often, disputes between neighboring territories go even over small plots of land. Every square centimeter of property can be the subject of lengthy proceedings and approvals. Given the high cost of resources, it is important to know how to correctly fix, designate, and agree on the lines of territorial division.
What is a plan diagram and what is it for
This is the name of the cadastral documentation drawn up by an affiliated engineer at the stage of land surveying. This document is mandatory from the point of view of the legislation of the Russian Federation. Such paper should be present in every land survey. It fixes the definition of the exact boundaries of the land plot and other important parameters:
coordinates of turning points;
other necessary information.
Using the plan-scheme, you can confirm the ownership of a specific area. In controversial situations, it is always necessary to refer to these securities..
For example, if you want to install a fence or build another structure, carefully study the land survey. The legislation clearly sets out the norms and requirements regarding regulated standards for the delimitation of neighboring territories. Also in SNiP and similar sources, it is easy to find provisions on the mandatory distances of construction objects from neighboring buildings.
How to determine the boundaries of a garden plot
Since the beginning of 2018, the land surveying procedure has become mandatory for all owners of land for gardening and horticulture. Without cadastral registration, it is impossible to fully fix the property right. However, if the lands were registered earlier than 2018, you can find a record that the area does not have established demarcation lines. To complete a sale and purchase transaction with such an object, you will need to prepare a number of documents:
Certificate of ownership.
In addition to this list, you need to collect information about neighbors and get their consent. Further, with the direct participation of the responsible person assigned to the area, an act of land surveying is drawn up. At the initial level, the senior in the quarter or district can help in this matter. It is this person who will communicate with representatives of regulatory authorities.
How to correctly determine the boundaries of a land plot: de facto and de jure
The decisive factor affecting the value of land is area. But it is equally important to know the lines that delimit adjacent objects. They consist of interconnected turning points. Consider a simple example of a perfectly flat square perimeter. It consists of four turning points connected by straight line segments.
For more complex forms, their number will be greater. Each has a clear reference to the area. It is their coordinates that are recorded in the cadastral documentation for a specific house number. The accuracy of the division will depend on how correctly the position of the points is indicated. Before you know the exact boundaries of the site, you should find their location.
Often the actual length of the fences does not match the data from the cadastral passport. To find out if the fences correspond to the demarcations recorded in the cadastre, request and carefully study the statement for your property. Quite often there are situations when in life things are not at all the same as on paper. This can be caused by a measurement error or other factors. To restore the legal rights of all owners, it is required to jointly install the actual fences in the proper places. If one of the participants does not want to comply with legal requirements, then outside observers are involved.
How to independently determine the boundaries of a land plot on the ground
When land surveying was not carried out, the division can be legalized in fact. If there is a fence between neighbors, and no one makes claims regarding its location, then when ordering a service (measurement / determination), this object will be the basis for entering the dividing line in the register. If the survey-selection has already been made, then it is necessary in reality to establish a fence. Should be based on official information from Rosreestr. After sending a request to this institution, you will receive a visual diagram, using which you can proceed to the installation of the fence.
It is impossible to carry out this procedure on your own. Its implementation will require the involvement of licensed specialists. Cadastral engineers take measurements in the presence of all owners of the adjoining land. Based on the documents provided, they enter all the data into a special form, which is then handed over to the owner of the memory. To enter into legal force, the landline plan is transferred to the registering authorities.
Agreeing on changes
It is not always possible to obtain the consent of all neighbors to register the plan. Therefore, in case of disagreement, we advise you to proceed as follows:
Agree with surveyors about measurements.
Notify in writing of the date of measurements of all neighboring owners (one month before the appointed time).
As a result, you get an act of approval.
If someone did not appear or challenged the document on the spot – contact specialized lawyers with these papers.
It is always better to negotiate peacefully, but sometimes it is simply impossible to do so. To defend your legal rights, you may have to go to court.
What is the approval act for?
This paper will be a confirmation of the agreements reached on the establishment of border lines between the participants in the process. Also, without this investment, the land survey will be considered incomplete, and further registration will be simply impossible..
When to refine
The discrepancy between the documentary and factual state of affairs is eliminated using this procedure. The reasons may be as follows:
No memory location data.
No clear pivot point position markers.
Disagreements with neighbors.
The need to make a transaction for the purchase, sale, division, merger.
What is the takeaway done for?
After it was possible to determine the exact boundaries of the land plot, it may be necessary to place them on the area. This is done by installing signs at special points. As a result, a reliable area is physically allocated and becomes visible to the naked eye. It is advisable to do this if there are doubts about the correctness of the data, in the case of a sale, when changing the status or in the absence of a fence.
What are adjacent territories
These are lines that are common to several subjects. They also allow you to know the position of territories in relation to the surrounding area. Note that often the actual fencing does not match the cadastral scheme..
Who defines and measures the boundaries of the plot for apartment buildings
This function is governed by the current laws of the Russian Federation. In particular, the City Planning, Land and Housing Codes. The area is designated in accordance with the actual land use, taking into account the urban planning rules in a particular region. Factors that affect the allocation of a zone for MKD:
Other stationary objects located in the area.
The following parameters are also taken into account:
Density of buildings in the area.
Roads and access roads.
Number of storeys.
Number of residents.
It is possible to carry out such work only with the consent of the majority of all residents of the MKD. This is a long and difficult process. The first step at the general meeting is to draw up a protocol and collect signatures. Next, a responsible representative of the team is selected. He submits an application for the formation of the memory of the house to the regulatory authorities. The next step is to develop a plan (map) and agree on all the details. If the area has not been surveyed, then initiation of this procedure is required. And only after all these points can the land be formalized into common shared ownership.
What to do in case of disagreement
If you are thinking about how to determine the boundaries of a site on the ground yourself and not ask the opinion of neighbors, then we hasten to disappoint you. You will have to find a compromise on each issue, or prepare for long proceedings. There are several ways to resolve controversial situations:
If we are talking about small volumes (tens of centimeters), then perhaps these discrepancies are within the legal error.
With a more significant scale of mutual claims, you should contact the geodetic company. An engineer will go to the area for a fee and take all the necessary measurements.
In more complex situations, expensive expertise may be required, which is also carried out by specialized organizations. As a result of taking into account all factors, an objective decision is made on the legality of the claims of each of the parties..
When everything is very confused, and the previous methods do not give an unambiguous answer, the only way out is to go to court..
We recommend to negotiate peacefully, but if the situation is difficult, we advise you to seek advice from professional lawyers..
What to do when there is no reason for a dispute
How to understand the boundaries of a land plot are correct or set with violations? To do this, you need to correlate the real data with the records from the inventory. If there is any discrepancy, then in most cases it infringes on the interests of one of the owners of adjacent storage devices. But it also happens that a dispute between people is gaining momentum, but the solution is on the surface. The situations can be as follows:
Contractor metering error. You can contact third-party specialists to compare the readings.
Measurement technique. This also depends on the specific specialist. With each method, there is a possibility of small inaccuracies that are allowed by law..
Low qualification of the employee of the geodetic service. The human factor has not been canceled.
How to determine the boundaries of the site on the ground, what to do if they are violated
If you suspect the incorrect designation of coordinates, you should contact the cadastral service and order a land surveying service. As a result, you can agree on changes and document the agreement between the owners. If a compromise is not possible, then all issues are resolved in court. To defend your interests, you may need:
Specifying the location of the fence.
Geodetic survey results.
Approval certificate (if any).
Eyewitness testimony can also come in handy. For example, if you claim that a neighbor unauthorizedly erected a fence in the wrong place.
How to accurately define the boundaries of the site: the restoration process
If you have received confirmation that there have been violations, then you need to start the process of restoring the legal lines of demarcation. As we wrote below, there are two ways to perform actions:
By signing the agreement.
By filing a statement of claim in court.
Thus, obstacles to the use of land by the legal owner will be removed. Please note that the first step is to document the claims. The changes must be approved in the rosary before actually installing new fences in the disputed territory. Otherwise, such actions can be qualified as illegal seizure of land..
Checking the boundaries of the land plot on the ground: indents according to SNiP
Building codes and regulations are fundamental elements of modern urban planning and land use. You should also take into account the requirements of fire safety, and sanitary standards. The location of communication systems according to SNiP 2.07.01-89 also affects the required spacing between adjacent buildings. There are quite a few nuances in this matter. For example, the presence of windows directly affects the permissible distance of an extension. If there are no windows on the side of the building that adjoins you, then it is allowed to annex your building as close as possible. The only condition is to provide sufficient illumination at a height of 6 meters..
If there are windows in one-story houses, it is necessary to leave at least three meters of free space between two objects. If the minimum indents are regulated by law, then the real and maximum distances are determined at the discretion of the developer of each specific site. The main condition is compliance with the minimum parameters of the regulated standards.
We would like to make a small summary of all of the above. If you received land with a disputed area, we advise you to immediately check the cadastral documentation of the object. Set up real pegs or fence according to the records. If you do not agree with the documents, then if there are sufficient grounds, you can initiate a revision of the area plan. And when there are no surveying documents – contact a specialized geodetic company.
Professionals monitor changes in current legislation and always have up-to-date information on important issues. You can find specialists who will help with the construction of a private house at the building-companion. To avoid problems with the introduction of the object and during further operation, use the services of qualified builders. Trained workers know the requirements of the supervisory authorities. Therefore, they perform all their actions in accordance with regulated standards..
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