Land surveying of a leased land plot

When renting a plot of land, land surveying is an essential first step. Knowing the exact boundaries and features of the plot is crucial, regardless of your plans for building, farming, or just using the land for recreation. In addition to guaranteeing that you know precisely what you’re leasing, this procedure also helps avoid future disputes with nearby properties.

Through surveying, one can obtain comprehensive details regarding the size, topography, and any existing man-made or natural features of the land. With data and a clear map in hand, you can decide how best to use the available space. It also helps in adhering to zoning laws and local regulations, which differ greatly from place to place.

Hiring a qualified land surveyor adds precision and experience to the process. These professionals measure the land precisely using cutting-edge equipment and methods to give you accurate information. Planning construction projects, setting up utilities, or even figuring out the best agricultural practices all benefit greatly from this information.

Land surveying is, all things considered, a wise investment for anyone renting a plot. It also helps avert future legal and administrative problems by laying the foundation for successful land use. You can optimize the potential of your leased land and guarantee a seamless, conflict-free experience by being well-versed in its specifics.

To guarantee that the landowner and the lessee have a precise understanding of the property’s boundaries and features, land surveying is necessary for a plot of leased land. Before development or major land alterations, this process frequently serves as a legal requirement, promotes appropriate land use planning, and helps to prevent disputes. Surveying is an essential step in efficiently managing leased properties because it establishes the boundaries and features of the land, giving construction, renovation, and agricultural activities a solid foundation.

Land surveying goals when leasing land

According to Federal Law No. 22 "On State Registration of Real Estate," land plots may only be entered into the Unified State Register of Information as real estate objects as of January 1, 2018, provided that a boundary plan is in place.

The following situations may call for a land survey of the leased property:

  • to conclude a lease agreement if the boundaries of the land plot are not fixed in the manner prescribed by law;
  • there is a need to divide or combine areas;
  • the tenant intends to buy out the lease;
  • if there is a dispute with neighbors.

If the tenant plans to lease state or municipal land, he is also in charge of conducting a land survey.

If there is no boundary plan for the leased plot

Tenants who signed agreements in the late 1990s, when registering the right to lease a land plot did not require land surveying, may find themselves in this situation.

If you have been a tenant on the property for a long time, talk to the owner about the possibility of re-registering the lease in accordance with the new land rights registration requirements of the law. This would include creating a boundary plan and updating the Unified State Register of Real Estate with information about the plot of land.

When changing boundaries

If it becomes necessary to split a plot into multiple independent parts or to merge multiple plots into one, the standard procedure is to determine new boundaries.

It might be necessary to divide if the owner wants to:

  • change the permitted use for one part of the site (for example, build a store);
  • use part of the plot yourself and rent out the rest;
  • give the building plot to several users, each of whom will erect their own building.

Each newly formed plot is given a unique cadastral number when it divides; when it merges, multiple numbers combine to form a single number.

Order of conduct

The Roskomzem Instruction from April 8, 1996, approved the general land surveying procedure. and completed in four primary phases:

  • concluding an agreement with a geodetic company;
  • collection and transfer to the surveyor of all documents on the site (graphic and title);
  • carrying out land surveying, notifying all neighbors and owners of the site;
  • approval and entry into the Unified State Register of Land Survey results.

Tenant only has the authority to act on behalf of the owner by proxy if tenant arranges for the registration of cadastral documentation.

The entire process could take a month or two if there are no neighbor disputes and all land paperwork is in order.

Who can conduct?

Determining a land plot’s boundaries can be done by Roskomzem divisions or by private companies that have been granted permission to perform geodetic work, per the Roskomzem Instructions.

Cadastral engineers now handle land surveying tasks. The Rosreestr website has the most recent roster of specialists.

Agreement with the owner

Usually, there is no confusion as to who should conduct land surveying—the plot owner or the tenant—when a cadastral engineer works to establish the boundaries of a privately held land plot. All that needs to be done is coordinate the tenant’s and landowner’s activities.

Here, the proprietor:

  • issues a power of attorney to the tenant to organize land surveying;
  • is present during geodetic work on the ground;
  • signs the border approval act.

For the benefit of the owner, the tenant arranges and finances the land survey. The user does not have the authority to perform these tasks on his own.

Surveying land that is owned by the state, a municipality, or a public organization presents more challenges. Land surveying in this instance is solely the tenant’s responsibility.

The owner receives notice of the land surveying no later than 30 days prior to the cadastral engineer’s departure from the location. The notification form was authorized by Order No. 735 of the Russian Federation’s Ministry of Economic Development, dated 21.11.2016.

The survey for the scheduled date is canceled if the tenant was unable to deliver the notice to the owner.

However, cadastral work cannot be completed even if the owner is not present and the notice has been properly served.

Form of formal approval for land surveying in collaboration with the owner, who signs off on the act approving the land plot’s boundaries. The process of inputting data about the land plot into the Unified State Register of Real Estate will be obstructed in the event that the deed is not signed.

Documentation

Three primary packages are collected and/or produced in conjunction with the land surveying process:

  • legal;
  • technical;
  • acceptance.

The only way for the tenant who organized the land surveying process to guarantee that title documents are available is to ask the owner for them.

Contracts, certifications, municipal acts pertaining to land allocation, and the formalization and registration of an individual’s ownership are all included in this package.

A cadastral engineer creates the technical documentation for plastic bags. It consists of:

  • cadastral plan of the land plot with marked boundaries;
  • topographic plan;
  • urban planning zoning documents
  • lists of boundary marker coordinates;
  • information from the state geodetic network and the reference boundary network;
  • data on land use regimes;
  • information about boundary disputes with neighbors.

A boundary plan is created using this documentation as well as the findings from fieldwork. The Russian Federation’s Ministry of Economic Development has approved its form and registration procedure through Order No. 921, dated 08.12.15.

Geodetic works

When conducting a land survey, the surveyor documents and determines the following conditions on the ground:

  • geodetic network data;
  • information about real estate objects located on the site;
  • information about the parts that make up the land plot;
  • coordinates of characteristic points of the boundaries;
  • allotment area;
  • categories of land and type of permitted use;
  • registration number of the survey project;
  • information about ensuring access (passage or passage) to the site;
  • cadastral numbers of adjacent land plots.

A section detailing the new plots, their boundaries, and their areas is added when dividing or merging plots.

The cadastral engineer documents any objections received in writing from survey respondents.

Coordination of boundaries with neighbors

Coordinating boundaries with neighbors is a necessary step in the land surveying process.

A notice in the format authorized by Russian Federation Ministry of Economic Development Order No. 735, dated 21.11.2016, must be sent to all interested parties.

By mail, the notice is delivered, and receipts are acknowledged.

In the event that the interested party’s address is unknown, the notice is released in the official local press.

If it is known that all parties with an interest in land surveying were informed of the meeting, but none of them attended, the engineer is entitled to create a plan and an approval act without the participation of the absent neighbors.

The boundary plan has an annex called Notice Information.

Final documents

The agreed-upon boundary plan is electronically created by the cadastral engineer, who also signs it using an enhanced digital signature. The plan is given to the customer in paper form so they can enter data into the Unified State Register of Real Estate.

Based on a landowner’s power of attorney, the tenant is entitled to obtain an extract from the Unified State Register of Real Estate and enter the received data into Rosreestr.

The land plot can be alienated, leased, and used to build approved real estate objects after information has been entered into Rosreestr.

Land sublease

Agreements for land leases and sublease signed for longer than a year are required by state law to be registered.

The boundary plan is part of the required package of documents that is used to register real estate transactions, including subleases, in compliance with Art. 14 Federal Law 218 dated 13.07.15 g. "On state registration of real estate."

The only way to avoid land surveying and give a subtenant the right to the land is to sign a short-term agreement that can be extended for up to a year.

The terms and primary provisions of the sublease agreement shall not conflict with the terms of the lease between the landowner and the tenant.

Furthermore, a lot of lease agreements contain clauses prohibiting the tenant from subleasing the land plot without the owner’s permission. This clause in the contract cannot be broken by the tenant.

Aspect Details
Purpose To determine the boundaries and features of the land plot
Process Involves field measurements, data analysis, and map creation
Requirements Professional surveyor, surveying equipment, and permission from relevant authorities
Outcome Official survey plan with defined plot boundaries
Importance Prevents disputes, ensures legal compliance, and aids in future planning

It is imperative that lessees and lessors alike comprehend the land surveying procedure for a plot of leased land. By making sure that everyone is aware of the precise boundaries, it helps to prevent future disputes and legal problems. Precise surveying facilitates appropriate land use planning, enabling the plot to be used effectively and efficiently.

Hiring a qualified surveyor is a crucial step in this procedure. They provide the know-how and equipment required to take accurate measurements and make intricate maps. This expert advice is very helpful in spotting possible problems before they become big ones, like zoning restrictions or encroachments.

Furthermore, keeping positive relations with nearby landowners is facilitated by being aware of the precise limits of a leased land plot. A cooperative atmosphere is promoted and the possibility of conflict is decreased by clearly defined boundaries. Additionally, it gives the lessee piece of mind by guaranteeing that they are utilizing the entirety of the land to which they are legally entitled.

In conclusion, a fundamental component of land leasing is land surveying. It facilitates informed decision-making, lowers risk, and provides clarity. All parties concerned can benefit from a more seamless and open leasing experience by making an investment in a comprehensive land survey.

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