Description of the land boundary diagram and in what cases it is necessary

For any landowner, knowing where your property lines are is essential. A land boundary diagram is a thorough map that shows the precise boundaries between your property and that of your neighbor. This map makes sure you use your land properly and helps avoid conflicts.

A land boundary diagram is required in a number of different circumstances. For example, you must be aware of your exact property boundaries if you intend to construct a shed, a fence, or even an addition to your house. By doing this, possible legal problems are avoided and encroachment on nearby properties is prevented.

Furthermore, a land boundary diagram offers an official and transparent way to define what is and is not included in the transaction when purchasing or selling land. In order to guarantee that the property is appropriately represented and valued, this openness is crucial for both the seller and the buyer.

Every property owner can benefit from having an accurate land boundary diagram, whether it’s for building, landscaping, or legal reasons. It defines each person’s space clearly, which brings peace of mind and helps maintain positive relationships with neighbors.

What are survey instructions??

A set of regulations known as instructions for land surveying was authorized by Roskomzem in April of 1996. He has developed a process that outlines how land delimitation should be done and has also developed specifications for each surveying step and the documentation of the process’ outcomes.

Put simply, this directive represents a clear leadership in defining and approving the land plot’s boundaries.

The control over adherence to the rules outlined in the instructions rests with the Roskomzem authorities.

The current regulatory act is this one from today.

Experts in the process of defining the limits of land ownership provide guidance for his provisions.

Numerous applications have been developed to provide instructions for land surveying. Examples of technical specifications, drawings, and other paperwork are among them.

2003. "Methodological recommendations for the conduct of land surveying objects" were added to the instruction.

In what cases is it necessary

If there is a new land allocation or a legally significant change to the current allotments, then such a scheme will be needed.

It is required in the following circumstances:

1. When division of one land ownership into several shares or when merging
   several land plots, if these lands were privately owned by the time the boundaries were changed
   possessions. Such plots, in accordance with Russian legislation, may include lands intended for individual housing construction, as well as garden and dacha plots.
2. When changing boundaries lands formally owned by the state.
3. In a situation where it is necessary allocate a plot of land belonging to the municipality, for its transfer to a citizen or organization. The scheme will be needed both when receiving municipal land for permanent use, and in the case of drawing up a lease agreement for it.
4. If the settlement administration seizes land from its owner, when it is necessary for the needs of the state or municipality.
5. When, When is the auction scheduled?. To organize an auction, a corresponding application is submitted, to which a diagram of the land plot is attached. The announcement is published further, after which applications are collected within 30 days.The organization of the auction (and the procedures necessary for it) is engaged in the municipality. But if only one application was received, the applicant acquires a visa without auction. In the latter case, he himself must take care of conducting his survey.
6. When it is possible to purchase land Without bidding. A distinctive feature of this situation is that the diagram of the boundaries of the land can be presented printed on paper.
7. For that, to legalize the cuts (these are the plots adjacent to land ownership, which were arbitrarily captured by a citizen and began to belong to him if there are no claims of third parties) who are owned by a citizen.

Establishing a land plot’s boundaries in line with the guidelines provided by the surveying instructions is a prerequisite for registering the land as property.

Those citizens who wish to legalize their plots under the current dacha amnesty program should keep this in mind.

A land boundary diagram is an essential tool for accurately dividing land, defining property lines, and averting neighbor disputes. In cases like purchasing or selling real estate, settling boundary disputes, securing building permits, and organizing construction projects, this visual representation becomes essential. It contributes to the protection of property rights and guarantees adherence to local laws by offering a clear and official delineation of property boundaries.

Who is preparing

Administration

Generally speaking, the administrative body of the municipality or the executive body of state power prepares the map of the boundaries of the land plot.

On the Rosreestr website, the relevant application may be submitted (first, the applicant must register on it).

Self-preparation

In the event that a diagram of the land plot that will be created by dividing it from municipal land is required and auctions are not planned, the concerned citizen may arrange for the necessary work to be done.

In the event that the area being formed is allocated for lease or put up for auction, self-preparation of the diagram is also permitted.

Lands on the grounds of federally significant cities (Moscow, St. Petersburg, Sevastopol) are an exception.

The person to whom land is allocated may prepare the location diagram when assigning a land plot situated on state or municipal property. This process is permissible for citizens when registering a lease or receiving land for free use.

The person whose favor it is withdrawn has the right to prepare the scheme if the site is subject to seizure for state or municipal needs.

When citizens’ land plots meant for private residential development or personal farming are redistributed and result in the creation of a new land plot, the owners of those plots can plan suitable projects. This also holds true for populated areas and territory owned by the Russian Federation.

Even though creating a boundary plan on your own is permitted in certain circumstances, many citizens may find this process to be fairly difficult. Not everyone is proficient in creating topographic maps and using graphic editors.

Cadastral engineer

The cadastral plan of the area must be connected to the diagram showing the boundaries of the land plot in accordance with legal requirements.

The fact that nearby objects’ coordinates aren’t always known could provide extra challenges. For this reason, hiring a cadastral engineer to create a layout diagram for a land plot is often a good idea.

On-site

An engineer can visit the site to create a document if the cadastre lacks the information needed to do so, or if there are insufficient details.

There, he will take all the measurements required to create the drawing and figure out the object’s precise coordinates.

When the allocation of a citizen’s allotment is certain to be approved by the municipal administration, it makes sense to assign the work to be completed by a cadastral engineer.

If not, the expenses won’t be warranted.

No departure

An engineer’s visit to the site is not required if the cadastre has all the information needed to create a diagram. Ultimately, he possesses all the required data to be granted office (by means of a cadastral map).

Here, there will be lower out-of-pocket expenses than with a specialist visit.

Peculiarities

When creating the land plot’s layout, the following factors need to be taken into account:

• legal requirements defining the rules for land use and development;
• provisions of the approved documentation relating to territorial planning;
• land management documentation requirements;
• territory planning project;
• location of areas in common use;
• "red lines";
• actual location of land boundaries;
• location of buildings on the ground (including those whose construction has not yet been completed);
• in cases determined by law, it is necessary to take into account the provisions on specially protected natural areas and the location of zones for territories with special conditions of use.

For a citizen who lacks the necessary skills to comprehend all of this, it is not always easy. Therefore, it is best to consult a specialist before drawing up a diagram if you have any unanswered questions.

What does the sample look like?

The land plot’s layout is created in compliance with Ministry of Economic Development Order No. 762. This document is divided into two types:

1. For redistribution of land of existing plots (in case of additional cutting to land ownership). A sample of it can be seen here
2. To create a new allotment, see the link

There is only one difference between them: in the first case, the original territory to which additional land should be added is depicted in addition to the site that should be obtained in the end.

The schematic is created as an electronic document. The citizen may request that the allotment be made on paper if it is given to him without the need for an auction.

What is displayed in the document

A map indicating the land’s location and demarcating its borders needs to have the following information:

• boundary boundaries of the land ownership territory;
• conditional numbers of all allotments that must be formed according to the layout diagram of land plots (if there are several such plots);
• information on the area of ​​the formed land plots;
• coordinates displaying the exact location of the land ownership (or address);
• cadastral number of the real estate object or block;
• information on the design capacity of each allotment (if there are 2 or more);
• information on the land category of the plot.

It is imperative that a system of conventional symbols be added to the plan.

The document that includes the site layout diagram also includes a text description. Along with the document’s name, number, and approval date, it also includes the name of the administrative body that granted its approval (either municipal or state authorities have this authority).

This description also contains information about any special use zones that may exist in the vicinity of the site.

Grounds for refusal of approval

The authorized body confirms whether the execution of the document and the site assignment comply with legal requirements based on the findings of the application review process for scheme approval. The administration reserves the right to reject the document’s approval if any legal requirements have not been satisfied.

The following could be the basis for rejection.

1. Documents were completed incorrectly. The instructions for drawing up the diagram are not followed, the documents contain factual errors or typos, and not all the necessary information is provided. In such situations, the document will need to be redone and submitted again to the administrative body for consideration.
2. The area indicated in the document does not correspond to the actual size of the plot (if on the diagram it is more than 10% larger than in reality).
3. On the territory of the site there are real estate objects owned by third parties or the state.
4. The land at the time of filing the application is the property of the shareholders.

They might also decline for the reasons listed below:.

1. The fact of the presence of intersecting boundaries on the territory of the plot has been established (the territory of one plot partially overlaps another or completely coincides with it).
2. The territory is part of a previously approved boundary plan.
3. The requirements established for specially protected natural areas were not met.
4. It has been established that the place where the land is located is planned to be used in the future to ensure the implementation of projects aimed at the development of a certain area.

In certain instances, it might happen that after the application is filed, the settlement administration will alter the land’s intended use. Regretfully, in this case, the scheme’s approval will also be denied.

Aspect	Description
Land Boundary Diagram	A visual representation of the boundaries of a piece of land, showing its exact dimensions and shape.
Purpose	Ensures clarity in property lines, preventing disputes between neighbors and aiding in legal matters.
When Necessary	Required during property sales, construction projects, and when subdividing land.
Creation Process	Typically created by a professional surveyor using precise measurements and tools.
Legal Importance	Acts as a legal document that can be used in court to resolve boundary disputes.
Homeowner Benefits	Provides peace of mind by clearly defining property lines and avoiding potential conflicts.

Anyone involved in real estate transactions or property ownership must comprehend the land boundary diagram. To ensure that everyone is aware of the precise boundaries of a parcel of land, this diagram offers a clear and accurate representation of property lines. It is a crucial instrument for averting conflicts and making ownership rights clear.

There are various situations in which a land boundary diagram is required. These consist of real estate transactions, building initiatives, and court cases involving land ownership. In every situation, having a precise boundary diagram gives decisions about property a legal foundation and aids in resolving doubts.

Overall, a well-drawn land boundary diagram can save time, lessen conflicts, and safeguard your interests whether you’re a developer, homeowner, or legal expert. It is an essential document that guarantees understanding and comfort in any situation involving real estate.

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