One crucial step that’s sometimes missed when thinking about buying a piece of land is land surveying. Because it establishes the precise borders, measurements, and legal description of the property, land surveying is essential. You might have to deal with possible boundary disputes, hazy property lines, or unplanned incursions from nearby properties if you don’t have a proper survey.
A professional surveyor uses specialized equipment to measure and map the land during the land surveying process. They mark boundaries, locate property corners, and evaluate any topographical features that might have an impact on development or construction plans. For legal purposes, this information is crucial because it guarantees that your property rights are well-defined and safeguarded.
Many would-be purchasers are curious as to whether they can save time and money by forgoing the surveying step. This, however, may be dangerous. You might not be aware of zoning restrictions, easements, or other legal concerns that could affect how you intend to use the land without a survey. Furthermore, in order to confirm the property’s boundaries and value, lenders frequently demand a survey before authorizing a mortgage.
Even though some areas might not legally need one for every land transaction, it’s usually a good idea to carry out one to prevent any issues down the road. By verifying that the property boundaries match those listed in legal documents, a survey gives peace of mind and can help avoid future expensive legal disputes.
| Question | Answer |
| Can I buy a plot of land without land surveying? | Yes, it is possible to buy a plot of land without land surveying. However, it"s not recommended as it can lead to legal disputes, boundary issues, and potential conflicts with neighbors. Land surveying helps to clearly define the property lines and ensures that you are fully aware of what you are purchasing. |
| What are the risks of buying land without a survey? | Risks include unclear property boundaries, potential legal disputes with neighbors, and the possibility of encroachments. You might also face challenges in obtaining building permits or reselling the property in the future. |
| Is a land survey required for obtaining a mortgage? | Most lenders require a land survey to approve a mortgage. This is to ensure that the property boundaries are clearly defined and to protect their investment. |
Purchasing land without having a proper land survey done can be dangerous. In addition to verifying the property’s borders, a land survey finds any potential problems that might interfere with your plans, such as zoning restrictions or easements. It guarantees that you understand exactly what you’re buying and how to use it, giving you clarity and legal protection. A thorough land survey is a crucial component of any land purchase because skipping this step could result in expensive disputes or limitations down the road, even though it might save money initially.
Is it possible to buy?
The registered owner of the plot has the ability to sell it and take other actions.
If all parties consent and there are no claims from third parties, no further paperwork is needed to finish the transaction and enter data into Rosreestr.
Currently, land surveying is not required in order to purchase a plot, as per Russian Federation law.
But the process itself is highly advised by the state, real estate agents, and attorneys, so these days there are fewer of these kinds of transactions. Although it can be challenging to register or sell a new plot, many owners have been granted land for use for a long time.
Brief information. In Russia, all land up until 2006 had to be surveyed, including plots of land for private and legal development as well as dacha cooperatives. Next came the adoption of Federal Law No. 93, also known as "Dacha Amnesty." After that, if the construction of big buildings was not planned, landowners were released from the requirement to conduct a land survey.
These plots are generally registered in the cadastral register and given an identification number. It is necessary to register data in order to protect ownership rights. The notation "without clear boundaries" is applied to such objects when they are registered in the Unified State Register.
Even though there are discussions about the elimination of the "Dacha Amnesty" and the implementation of mandatory land surveying, the option to buy and sell still exists. This is because there is a greater need for land and more private construction is being done.
Who can buy?
Any transaction must first undergo cadastral registration, which can be completed without the need for geodetic work.
If certain requirements are satisfied, both individuals and legal entities may engage in transactions of this nature.
First and foremost, this calls for a broad consensus and a precise knowledge of the uses of the land.
If there is an official certificate of confirmation of ownership, or in the absence of one, an extract from the Unified State Register of Real Estate, the owner—a private or legal entity—may sell his plot on a general basis. Delimiting the land is not required in order to accomplish this.
If the buyer acknowledges and accepts these additional risks and restrictions, he, too, may purchase land without limitations.
The following circumstances necessitate land surveying:
- Changing the boundaries of a land plot, primarily increasing.
- Disputes with neighbors.
- Division into shares for subsequent sale in parts.
If land surveying is not done, it will be the new owner’s responsibility and often requires going to court to settle disputes with neighbors.
Instructions for acquiring land
Documents for the land must first be prepared.
The proprietor needs to possess:
- certificate of state registration,
- cadastral passport, or only an extract from the Unified State Register, which includes information about the owner and cadastral data.
Land surveying was not done if the cadastral passport has the notation "no clear boundaries." In the past, dacha cooperatives and gardening partnerships frequently sold these kinds of plots.
Although the land’s status is changing now, the previous issues still exist. The ability to get a copy of the Unified State Register at the MFC streamlines the process, and the State Services’ online portal is currently being developed.
Together with the aforementioned, the following records are also necessary:
- Statement from both sides.
- Sales and purchase agreement (3 copies).
- Receipt for payment of state duty.
Fascinating! If the buyer accepts all the terms, the seller won’t have to give a separate boundary plan.
It takes the preparation of a standard agreement to finalize a purchase and sale deal. The parties involved in the transaction then sign it. The deposit is transferred as agreed upon, and then the paperwork is forwarded to Rosreestr for registration.
The buyer transfers the funds after signing the paperwork at the company. If a portion of the price is mortgage funds, the seller won’t get their money until the new owner’s rights are registered. A new extract from the Unified State Register of Real Estate is given to the new owner at the conclusion of the process.
Risks
The amount of non-demarcated plot sales transactions that occur these days is declining.
Among the drawbacks are:
- Risks associated with a decrease in actual area.
- Lack of clear grounds for resolving conflict situations with neighbors (especially in villages and dacha cooperatives).
- The need to pay for geodetic work in the future from your own funds.
- Restrictions on transfer of rights, donation, inheritance, etc.d.
Restrictions on the use of such plots are imposed by modifications to urban planning regulations. Every building has to be set back from the border by a specific amount.
Geodetic work is therefore required. The legality of any buildings remains uncertain on undelineated land. Neighbors will have the basis for a decision to be made in their favor if they go to court with a variety of claims.
Purchasing a plot of land with a pre-built barn or bathhouse may put the new owner in a position where he must tear down the structure. This covers circumstances involving planting trees, erecting fences, etc.
The limitation on right transfers, donations, and inheritances is the next major issue.
You should follow these guidelines in order to reduce the risks.:
- Check the land allotment through Rosreestr, using the electronic version on the website or by contacting the MFC.
- Receive a USRN extract with detailed information about the owner to eliminate possible fraud.
- Invite a notary to draw up a purchase and sale agreement to accurately secure the transfer of ownership rights.
Useful video
We cordially invite you to view a video in which an attorney explains who should have a land survey done and whether it is always required.
If you’re thinking about buying a piece of land, you might be wondering if you can avoid the land surveying process. Because it establishes the precise borders, dimensions, and legal description of the land, land surveying is essential. You run the danger of legal conflicts, boundary disputes with neighbors, and possible issues with future development or construction on the land if you don’t have a survey.
A detailed image of what you’re purchasing is provided by land surveying. By ensuring that the property lines are precisely drawn, it helps to avoid future boundary disputes. This clarity aids in your comprehension of the land’s layout, including any easements, rights-of-way, or limitations that might limit your ability to use it.
Furthermore, a survey frequently provides crucial information about the topography of the land, such as elevation variations or flood hazards, which may have an influence on your building plans or the kinds of structures you are able to erect. It’s a proactive step that assists you in making wise choices and averting future, expensive surprises.
In the end, paying for a land survey is a smart move, even though it could appear like an additional cost up front. It gives you legal protection, guarantees that you know exactly what you’re buying, and gives you confidence when making plans for how you’ll use the land in the future.
