With land plots, many procedures are performed. They are necessary for registration and establishment of property rights. To ensure compliance of the submitted documents with their initial information, requirements and conditions, a land survey is carried out. The rules of its organization are provided by Rosreestr. Spot checks are carried out by territorial authorities. They coordinate the activities of people who perform the procedure. The Federal Service oversees this process. Details of these procedures are presented in the article.
The concept
Land management expertise is a study performed to measure sites for their further use. With its help, it will be possible to establish compliance of the territory parameters with documented certified indicators, as well as determine the possibility of a section.
The event is carried out at the request of the owner of the site, as well as forcibly, through the court. It allows you to resolve many disputes regarding land. During the event, a geodetic survey of land is carried out, which allows you to obtain accurate information about land ownership. As a result, an expert opinion is presented. It includes land ownership information.
rules
There are 2 methods for conducting land surveying expertise:
- Documentary. There is a study of the site documents. It is carried out by the cadastral engineer. Thanks to the analysis of the documentation, an idea of the plot is created: borders, area and other parameters.
- Geodesic. The study of the site on the ground. With the use of instruments, measurements are taken to help determine accurate information on the ground. Then, using a computer, a three-dimensional model of the studied area is created.
Although there are 2 methods for carrying out the procedure, it is nevertheless performed according to uniform rules. In both cases, it is necessary to call specialists, conduct a thorough analysis, collect information and draw up a conclusion. This is mandatory as it is enshrined in law.
The main types of procedures
Land management expertise is divided into 2 types:
- Trial. These studies are assigned by the court. One of the parties makes a statement on the appointment of the event. During the trial, it can be the main evidence. Forensic land survey is an effective way to determine the parameters of the site.
- Pre-trial. The procedure is carried out privately. A person optionally turns to specialists to take measurements on a personal site. This is required during the registration of land, sales, purchases, as well as other transactions.
After the event, the owner will have a site plan and the rest of the necessary documentation. It will be much easier for him to carry out various transactions, for example, sale, exchange, gift. Moreover, this is required by law.
Varieties
According to the law of examination there are still:
- Primary. Performed to establish the technical parameters and location of sites. Events are initiated privately or by court order.
- Repeated. The procedure is necessary if there are doubts about the validity of the expert opinion provided during the initial examination. The event is initiated by the land owner or representatives of the law.
- Additional. The procedure is performed when the expert documentation does not indicate the information properly. The need for such a procedure arises when new circumstances have arisen in relation to the object.
- Independent. A new landlord may apply for such an event. They are held in pre-trial and judicial order. It is necessary to turn to those experts who provide specialized services under license. The procedure is carried out during planning at the capital construction site, to resolve disputes with neighbors related to the definition of borders. It is also needed when several applicants for land ownership appear.
Execution cases
A land survey is required to resolve disputes related to land and its ownership. The most common include the following points:
- The dispute arose with neighbors during the land survey. Then experts must determine who owns the disputed territory.
- The legality of buildings on earthly estates is considered. After studying the documentation and the terrain, experts present a conclusion on the possibility of the location of the building on the site.
- Correction of cadastral inaccuracies. This is a mistake in the information about the territory, which leads to an incorrect plotting of the plot on the map. In this case, specialists should correct inaccuracies.
Having an expert opinion allows you to get rid of these problems. That is why the procedure is initiated by the owners of the plots to conclude transactions.
Who is carrying out the procedure?
The procedure can be performed by a specialist who has the appropriate education. Services can be ordered from a government agency and non-government. It is important that the organization has documents granting the right to carry out such work. The selected company conducts an independent review. The results of the event will resolve various disputes regarding land ownership.
Length of court proceedings
Specialists make an opinion on the site over a period of 10 days, but the period may also increase. It all depends on the complexity. Usually the procedure is carried out in 3 stages:
- Training. Includes study documentation.
- Field work. There is a study of the site on the ground.
- Conclusion Detailed information is provided.
During the procedure, a geodetic survey of land is carried out, which allows to obtain accurate information. According to the regulation of 2014 on examination, the deadline for the implementation of the event may last from 14 days.
Documents
If expertise is needed, then the following documents should be prepared:
- confirmation of the right to land;
- scheme with the BTI about the buildings;
- cadastral maps;
- land surveying and its results;
- a response from the authorities regarding permission or denial of use of the site;
- response from Rosreestra.
After the preparation of documents, information about the completed event is entered into the cadastral register. The examination makes it possible to obtain a plan of the land that is in the possession. This will prevent many difficulties in the future.
results
What questions can land survey answer? Using this procedure, it will be possible to resolve disagreements between neighbors on some issues:
- compliance of the site parameters with those indicated in the official documentation;
- the establishment of disagreements when renting or completing a sale and purchase transaction;
- determining the location of the required area with the intended use of non-residential and residential housing;
- determination on the site of property that belongs to another owner;
- to perform a highlight or section.
According to Russian laws, an event can be held by a specialist who has received the appropriate education. It is also performed by professionals with a diploma in "Geodesy" or "Land Cadastre."
Now this work is carried out by non-governmental and state organizations. A requirement is the presence of a staff of at least 1 employee with higher specialized education. Examinations are carried out by geodetic institutions.
Price
The cost and timing of the event depends on several factors. Pre-trial examination will be cheaper, since you will not have to pay additional costs with it. The price of the judicial procedure is higher, because it includes the cost of transport, food, accommodation.
The cost of a private examination depends on the market value of the property. Government agencies operate at the rates determined in the Russian Federation. An urgent procedure will be higher in price. The cost is affected by the remoteness of the land, the order of an additional copy, etc. Documents are prepared in 10-20 days. Moreover, the price is in the range of 30-50 thousand rubles for Moscow and the region. In other regions, indicators may be different.
The conclusion includes data:
- about the expert: education, length of service, reviews;
- circumstances of the case;
- detailed research;
- verification results;
- conclusions.
The conclusion is considered an official document. If necessary, it is used for litigation. A sample of land management expertise can be shown by specialists to familiarize themselves with the results of the event. The document can be used in various transactions.