Establishing the exact boundaries of the site by conducting a land surveying procedure is important not only in order to obtain the necessary documents for it, but also to determine the boundaries of a specific territory that the owner can use. In order for the latter goal to be realized, a documented land boundary must be established also in fact, that is, on the ground. The name of this procedure is the removal of land boundaries in kind. Today we will try to consider this action in more detail.
Removal in nature of the boundaries of the land - what is it?
The concept of such a removal is not legally fixed. That is why sometimes the name of the procedure in various documents is found in modified versions. But this does not mean the absence of legislative regulation. Moreover, compliance with legal standards in this case is strictly necessary.
The general regulatory procedure is described in the following legislation:
1. Land Code (LC RF).
2. Federal Law "On Cadastral Activities".
Carrying out absolutely any geodetic and cadastral work is required to be carried out with strict implementation of state standards. This also applies to the procedure for transferring the boundaries of a land plot in kind. Each of its stages must be carried out in accordance with the approved standards.
Purpose of the procedure and its essence
In practice, the removal of the boundaries of a land plot in nature is a procedure consisting in the installation of boundary marks on the territory of a particular land allotment in order to designate boundaries. It belongs to a variety of geodetic works.
In this case, everything should happen in accordance with the documentary data that are available in the State Property Committee - the State Real Estate Cadastre. Currently, this body is called the USRN (Unified State Register of Real Estate). In the case when such information is not available there, that is, the specific boundaries of the site have not been established, a preliminary land surveying procedure is required.
What you need to install
As a result of the removal of the boundaries of the land plot, the necessary data are specified, namely:
1. The exact value of the land area.
2. Its form.
3. Clear and defined boundaries.
4. Data on the reliable location relative to the total land mass.
The totality of all this information is extremely important, since it serves for a holistic vision of the site, taking into account all its most important features and characteristics. In addition, if there are precise boundaries fixed both in documents and in fact, it is much easier to conduct a variety of transactions related to land.
For example, in order to sell a plot or register inheritance rights on it, the owner must have an idea of the exact limits of his own property.
In what cases is it necessary to carry out in kind the boundaries of the land?
The list of such situations is as follows:
1. Loss of previously established boundary signs.
2. As an option, the owner’s suspicions about the illegal location of these signs (if you believe that someone has moved them). It should be noted that the presence of boundary marks is not always mandatory, but fixing them serves the owner and is an additional guarantee for him. Thanks to a clearly defined territory, he will avoid probable disputes and will be able to prove his own right if they arise.
3. The intention of the owner to erect a building or any structure on the site, including a fence. At the same time, he must have confidence that the structure accurately falls on the territory lying within his possessions. Otherwise, claims from neighbors are possible. In the case when they are legitimate, the building will have to be demolished.
4. Change of land owner (for example, in the case of a purchase, lease or sublease). In this case, verification of the data available in the documents with the actual is necessary. Most often this refers to the configuration of the specific boundaries of the site and the declared area of its territory.
5. Carrying out by the owners of adjacent sections of the procedure for surveying their facilities. Moreover, thanks to the removal of the boundaries of the land plot, the owner will be able to secure his own territory from unauthorized seizure. Before signing the act of approval, he will get rid of doubts about the accuracy of the results of the neighboring land surveying with respect to the boundaries of its site.
6. Change the status of the site. For example, it will be divided into separate objects or, on the contrary, combined into one large allotment. At the same time, it is necessary to carry out the procedure of repeated surveying with the installation of new signs.
In all these situations, the above procedure is beneficial and necessary first of all to the owner of the site. It gives him the opportunity to use his own property in the most complete and legal manner.
Like any procedure, the removal of boundaries is carried out in accordance with a specific algorithm.
Selection of the contractor to be entrusted with this work
This stage is quite important - the final result of the work depends on the professional qualities of the contractor. When choosing a specialist (the one who makes the nature of the boundaries of the land plot), focus on such issues as the availability of documents necessary for the work, the ownership of the contractor (preference is often given to the regular employees of a reliable geodetic company), and the availability of all the necessary high-quality tools at his disposal , the level of prices with their reasonable justification.
It is highly desirable that one has his own Internet resource and the ability to get acquainted with user reviews - the outcome of the procedure largely depends on the competence of the employee. In most cases, the law allows the installation of boundary signs some error (not exceeding 10 cm), but it is better to minimize it.
Preparation of documents
Having selected the contractor and discussed with him all the conditions, the customer is obliged to collect a package of certain securities. It should be on hand: an extract from the USRN, documents capable of confirming the right to a plot (this can be a lease, a certificate of ownership, an act on the allocation of land, etc.). Cadastral statement should be relevant. Without a detailed acquaintance with it, the specialist will not start work.
Formal consolidation of the transaction after the study of all documentary issues occurs through the conclusion of an agreement. The drawn up agreement must contain all significant conditions regarding the cost of work and the deadline, responsibility in case of violation of the accepted conditions. The contract must specifically list all types of work with an exact indication of the number of boundary signs that need to be set.
It is necessary to indicate the expected results of the procedure and the composition of the documents issued at the same time. Then the customer makes an advance payment, which is usually half of the final cost, and on the appointed day awaits the visit of a specialist to his site.
We leave in the field
At this point, the first stage of the procedure, called preparatory, is over. Then the so-called field stage of work is carried out. Geodetic survey with setting coordinates is carried out using fairly sophisticated equipment.
As a modern means acts as a GPS-receiver and an electronic total station. Focusing on the coordinates fixed in the documents, experts determine the location of turning points and the proposed installation sites of boundary signs.
Transition to information processing
In some cases (with a large or complex site) the processing of the received data takes several days. At the final stage, the so-called act of the removal of borders in kind is drawn up. It relates to desk work. Carrying it out, the cadastral engineer documents the work done by fixing specific information in the border removal act, namely:
- grounds for making the border (using data from the extract from the registry);
- the area of the site with its location;
- Schemes of removal in kind of the boundaries of the land;
- information about the owner of the territory.
Additional Details
The approved form of this document also does not exist. Therefore, the data may vary slightly. An act is drawn up in duplicate with mandatory signatures on both sides. Most often, it is accompanied by a photo report on the work done.
On average, the border removal procedure is carried out over a certain period of time, which can range from several days to a month. If necessary, it may be reduced for an additional fee.
How is the procedure implemented directly?
This event (taking out in kind the points of the boundaries of the land plot) takes place in the presence of special means called boundary marks. This is the name of certain objects of artificial or natural origin, the installation of which, according to regulatory requirements, is carried out in each of the turning points of the site.
In practice, there are two types of signs — temporary and permanent. The first option is the cheapest and is used in the vast majority of cases. The main thing here is the minimum cost if necessary, the presence of signs. Their installation is most often carried out for the period in which cadastral work is carried out. Although in the future they can stay in the territory at the request of the owner.
The option with permanent characters is considered more expensive. According to current requirements, it refers to land management facilities (unlike plots), but the owner can install them on a voluntary basis. Moreover, these conditions are included in the contract with the contractor.
What do the boundary marks look like?
Three types of objects are used as physical media - in the form of a metal or galvanized pipe, a wooden peg or pillar, a metal mark with a cross-shaped notch and an inscription. This option can be fixed at the base of various structures (borders, asphalt) using cement mortar.
Signs of the first and second types are simply to be dug into the soil to a depth of at least 80 cm. To choose a particular sign follows the type of soil and climate inherent in this region.
Signs may include plates bearing information about his number with the date of installation.
How much does the service cost?
As already mentioned, it is most reasonable to apply for such a service to the specialists of a geodetic company. With all the desire to carry out this procedure on your own, you will not find instructions on how to make the boundaries of the land "do it yourself" in kind. The owner simply does not have the right to do so.
This is also due to the high complexity of this work. To correctly perform all the required operations, the contractor must have certain knowledge.
The cost of such services, as in the case of other geodetic works, is usually quite high. The exact price can be calculated only with specific data (the number of turning points, the area of the plot, the degree of urgency of the work). The final amount also depends on the rates accepted at a particular company or specialist, the location of the site, the completeness of the package of documents collected by the customer, the subject of the Russian Federation, and other factors.
Most often, the estimated cost is given in relation to one established boundary mark and may vary among different organizations. An approximate price range can range from 500 rubles to several thousand per sign.
If all the necessary documents of the owner are available, this procedure will not be particularly difficult. Otherwise, the owner will have to spend time on completing the missing documents or to order a preliminary survey procedure.