What is land surveying?
In order to ensure that the submitted documents comply with their source data, requirements and conditions, a land survey will be appointed. The unified procedure for its organization and conduct is provided by Rosreestr. Sampling is carried out by territorial bodies, they also coordinate the activities of people who are entrusted with land management expertise. The federal service for state registration, cadastre and cartography controls the territorial bodies in the field of expertise.
On the highest level
Actually, the Federal Service for State Registration, Cartography and Cadastre organizes independent verification of some documents. She also organizes land management expertise of the general scheme of land management in the territory of the Russian Federation, developed according to decisions of the government. At all stages of the audit, the established procedure for its organization and conduct is monitored.
The remaining land survey expertise is carried out by the territorial bodies of the Federal Service of Cartography, Cadastre and State Registration. Almost always there is a need to verify the accuracy of data before carrying out any land management works. Documentation for construction is always difficult, but conducting land management expertise is much more difficult, since each land plot has an infinitely long history of transition from owner to owner. And at each stage of this process, the execution of documents is accompanied by certain errors.
"Yes or no"
To fully establish all discrepancies in the documentation and land surveying is carried out. Questions may arise at every turn. But the procedure for its implementation is set at the government level, the mechanism for implementation is clearly regulated. There are specialists in cadastral registration, which are authorized by the state to conduct land survey expertise. They will not give written recommendations, detailed analysis or any numerical parameters to the customer.
Experts can only say: whether the documentation meets all standards, and their answer will be monosyllabic - either "yes" or "no." The most interesting thing is that “no” can be said before the start of all actions. Examination of land management documentation is not carried out without a complete list of papers and references. The secretary may already refuse to provide such a service when registering an application for conducting this study. It can even arrange it in writing, so that the customer knows what the judicial land survey is. He has that right.
Examination checks documents not only on private plots, but also on any state lands. For example, all land management schemes and projects for the use and protection of municipal and state lands are subject to mandatory examination. The study may be planned or to investigate a variety of incidents, which, for example, may be associated with the misuse of certain territories. Especially obligatory examination in cases where state land is alienated into private ownership.
Traditionally, special attention should be paid to documents that regulate the use of agricultural territories. Now the agricultural sector has increased (both in quantity and quality) numerous subsidies in connection with import substitution, and therefore land surveying should consider various projects.
A sample for filling out the documentation is issued in the territorial office of Rosreestr. Both the list of papers and their contents vary considerably in different districts. It is worth noting that the redistribution of agricultural land is very often accompanied by controversial situations that only the court can help decide.
Purpose of land management expertise
Even being in the territories of the same district, the land can have completely different properties. That is why some sites generate the most real war. Land management expertise for the court helps to obtain title documents for this land, as well as projects for its use. Only then can we rightly decide how to distribute the plots.
All regions, one way or another, are developing differently, and therefore the list of documentation for land surveying is different. Earth is also used for completely different purposes.That is why the state, although conducting an examination of land management documentation in a single order, however, works with different papers, and there is no single list for it. But in any case, the title documents for the right to use (possession) the land and the land management case for determining the boundaries of the land plot will be required.
For the examination of the division of land are necessary:
To carry out a forensic examination, it is necessary to submit to experts the following set of documents:
- Land case (in case of its existence).
- Copy of technical passport.
- Copies of documents confirming the right to own land shares.
How does the procedure begin
First of all, for the implementation of the examination you need to submit an application to the Federal Cadastral Service, its regional department or the city. In the same place, information about a list of specific papers that are necessary for the examination is taken in advance. Naturally, a mandatory document that certifies the person, that is, a passport, and the main documents of title to this piece of land.
The application is either registered or not accepted if there is a shortage of papers or the request itself is not properly written. If everything went well, seven days the submitted documentation is studied and checked, its reliability is estimated. And if everything is as good and continues as it began, then after seven days the applicant will receive a decision on the start of the land management expertise.
Next, fourteen days in the cadastral service, the composition of the expert commission is determined, and then the direct work on the documents begins, which cannot last more than a month. Except, of course, special cases when it becomes necessary to further study the documentation (up to three months). During the study, the data are meticulously recorded, the compliance of the documentation with the accepted norms is revealed.
At the end of the work, a conclusion is made, which must be submitted to a meeting of the commission, whose prerogative is the rejection or approval of the land management expertise. In order for the customer to get his hands on a positive decision, two-thirds of the participants must stand in favor. The procedure is difficult and not very fast.However, only land survey expertise proves the legality and legal force of the documentation that the customer has.
When carrying out land management expertise, the following circumstances are established:
- Does the actual area of the land plot correspond to the area indicated by the title documents?
- Exact determination of the area of land for use by purpose of the property that is located on it.
- If disputes about coercion to buy or sell or lease this land plot are considered, as well as disputes about recognizing contracts for buying or selling or renting as invalid or invalid, the land surveying can determine whether the claimant’s real estate is in the disputed section.
Borders at the section
It is also the land use expertise that establishes the presence of an overlay on the borders of land plots that belong to the defendant and the claimant, if disputes regarding the recognition of the invalidation of sale or lease contracts are considered invalid.If negatory claims are considered that are related to property rights, a land survey examination establishes that the property owned by the defendant is located on the territory of the claimant.
The boundaries and the actual area of the plot are also determined on the ground. Exactly the location of the property in relation to the boundaries of the site. Land management expertise for the court is the division of land and separation of shares, after which it is possible to obtain an opinion on the division of the site from the experts.
Land management expertise goes through well-defined stages. This is a collection of setting documents and their analysis. Then follows the establishment of the boundaries of the site on the ground, after which an expert opinion is drawn up. Until 2009, the course of the procedure was different, since the evaluation and construction expertise were combined with it.
Now it involves direct research related to land surveying, and establishes compliance with their actual boundaries. According to the court’s decision, land surveying examines and households in order to establish the possibility of a real section between the owners, including developing options for this section.
Since January 2011, only people who have received a post-examination qualification certificate with the specified specialty of a cadastral engineer can carry out all types of defining boundary surveys of cadastral works. Examinations are conducted both extrajudicial and judicial. What studies have the right to carry out cadastral engineers?
First of all, it is a land survey of land with the establishment and restoration of borders by a court. Also, the definition of boundaries by location on the ground, the restoration of borders according to the Russian State Cadastre If there are inconsistencies in the documents, the experts determine how the borders of the sites are to be restored. Some other duties are assigned to them.
The result of land management expertise is to confirm the legality of the documents transferred to the customer. Their authenticity is certified and they are a legal confirmation of his rights to this property. This is a boundary plan drawn up during the execution of cadastral works, a technical plan for the application for registration of a building, building, object, room or land plot, and an inspection report, which is also drawn up during the execution of cadastral works.You can also use these papers to apply for de-registration of a property or land.