Land surveying with neighbors

Maintaining positive relationships with your neighbors requires an understanding of property boundaries. Determining the boundaries of your and their property requires land surveying. To define legal boundaries, this process entails precisely measuring and mapping the land.

A land survey becomes crucial when disagreements emerge regarding boundaries or possible encroachments. It gives you and your neighbors precise, verified proof of the boundaries of each property. By being clear, future disputes and legal problems may be avoided.

Professional surveyors use sophisticated tools and techniques to ensure accuracy during a neighboring land survey. To draw exact boundary lines, they might make use of physical markers, historical documents, and GPS technology. By taking such care, it helps to ensure that there are no ambiguities and that everyone involved can be confident in the survey results.

Maintaining a good relationship with your neighbors during the survey process requires open communication. Understanding and cooperation can be promoted by talking about the survey in advance, sharing the results honestly, and quickly resolving any issues. Recall that the objective is to uphold community relations by being transparent and respectful, in addition to defining boundaries.

When approval is needed

Coordinating the boundaries of the land with neighboring landowners is one step in the land surveying process. This is the most challenging time, leading to a lot of disputes and legal action.

Let’s examine the correct way to survey a plot of land with neighbors and what paperwork you’ll need to get from them.

Decide where the borders that must be drawn between the adjacent area and yourself are.

• relates to the personal property of its owner;
• belongs by right of lifelong inheritable ownership;
• is in constant perpetual use;
• leased from the state or municipality.

3 tbsp.39 Federal Law No. 221 "On the State Real Estate Cadastre" governs this. A neighbor who is involved in boundary determination is only permitted to object along his own border.

The only way to obtain approval is for free.

Notification of neighboring property owners

Notifying all land plot owners that border this area of the approximate day of the survey is mandatory.

Notification must be sent no later than thirty days prior to the anticipated day of approval, as stipulated by law.

You have a few other options for informing your neighbors:

1. Notify by registered letters with notifications. The places of residence of neighbors can be found out in the cadastral service. It is advisable to use this type of notification when there is confidence that the citizen will not sign the notice, and therefore the act of approval.Therefore, it is advisable to send three letters to your neighbor, since a letter sent three times in the name of one person becomes a basis for believing that the signature of that person has been received.
2. Personally deliver notices each of the addressees, having received his signature. If there is no signature, it will be impossible to prove that the neighbor was not given a notice.
3. Send an email (with read receipt). This type of notification is the least popular, since not everyone has an email, email addresses are not publicly available.
4. Publish an ad in the local press. This is usually practiced if the place of residence of a neighbor cannot be determined, or when delimiting plots located within a garden and dacha partnership.

A sample notice can be viewed and downloaded from the link. Although a notice can be written in any format, it must contain the following information:

1. The notification begins with an address to this specific citizen indicating his full name.
2. Next, enter the full name of the person requesting the procedure, his address and contact telephone number.
3. The data of the cadastral engineer, his full name, address, telephone number are recorded.
4. The address of the actual location of the site and its cadastral data are indicated. If there is no address yet, indicate the block where the site is located.

Addresses and precise numbers are provided, along with information about nearby areas. The final section includes information about the scheduled approval time and location as well as how to get more details about the process.

How does the procedure work?

According to the law, coordination can be arranged individually with each owner or collectively through the call of a neighborhood meeting.

The collaborative approach is better since it allows for the collaborative review of previously created cadastral and boundary plans, as well as the evaluation and discussion of the boundaries.

The cadastral specialist provides all explanations and completes the approval document, which all parties must sign.

The expert needs to:

1. Personally check the passports of those present, and, if necessary, verify the presence of a notarized power of attorney.
2. Provide all interested parties with documents, diagrams and plans, explain the details.
3. Show the location of parcel boundaries on the ground.

An act approving the division of the land plot’s boundaries is created if the prepared documents are accepted without any complaints or objections.

Signing of the final act

A signed document indicating the agreement or disagreement of all neighboring land users with the boundary establishment is called an act of approval.

If all landowners personally sign the act attesting to its boundaries, or if there are written objections from the owners in the event that they are not present, the boundaries are deemed agreed upon.

Acts are drafted in accordance with set guidelines, which are broken to render the document void:

• The act is signed by all owners of adjacent plots or their legal representatives.
• All information entered in the act must be truthful and correspond to the data from the cadastral plan and other documents.
• If disagreements arise during the discussion, they are documented in writing in a separate document and filed with the act.

The Russian Federation’s Land Code provides for the resolution of arising disputes. If this isn’t feasible, a courtroom hearing will be required to settle the dispute.

The act includes diagrams and drawings of the sites along with the complete names and opinions of all nearby landowners regarding the site’s boundaries.

Clarification of boundaries without the consent of neighbors

The question of whether neighbors’ permission is needed to survey their property is one that piques the interest of a lot of people. The law specifies circumstances in which obtaining approvals can be completed without consulting nearby residents.

Examples of such cases are:

• All adjacent landowners have already carried out land surveying of their plots, the boundaries were approved in documents and in fact, the interests of the customer of these cadastral works were not harmed.The cadastral engineer must obtain all the data on these areas and note this in his documents. The plot is simply “tied” to the already registered boundaries of adjacent plots.
• It is impossible to determine the exact place of residence of a neighbor, the site has long been abandoned, no one is looking after it, its address and contact details are unknown to anyone. In such cases, advertisements are published in newspapers. If the owner of the site does not make himself known during the month period, the approval is considered to be carried out by default.
• The owner does not show up at the appointed time, despite the fact that he was notified by letter of notification or in person. He has not submitted any written objections or justifications for his unwillingness to participate. Therefore, the approval is considered as received, a corresponding entry is made in the act, the cadastral plan is supplemented with the necessary documents.

Remember that in the future, this neighbor has the right to request a court revision of the established boundaries if he can provide proof of the reason for his absence (illness, lack of notification, or time spent overseas).

This document is also filed with the approval act, and a specific note is made in the text regarding this, provided that a written refusal specifying the reasons for absence is received within a month of notification.

The site can still be used to its full potential despite objections, but selling will need to disclose to the buyer the possibility of future disputes.

When it is possible to establish boundaries without approval

Legal approval is not necessary if the site’s boundaries do not cross properties listed in the Unified State Register of Real Estate.

Only areas that concurrently act as borders between adjacent areas require coordination (Article 39 of Federal Law No. 221 "On cadastral activities," as amended on July 3, 2016). That is, approval is not required if the site faces a street or borders on undeveloped land.

There are no permissions needed close to this land plot with:

• forest area;
• a specially protected area (for example, the borders of a country);
• agricultural lands in the Far North, Far East and Siberia;

Accurate property boundaries can be ensured and disputes can be avoided during construction or renovations by understanding your neighbors’ properties and conducting land surveys together. In order to streamline projects and preserve good neighborly relations, this article emphasizes early cooperation, legal frameworks, and clear communication when discussing practical steps and considerations for working with neighbors on surveying.

Cadastral errors

Most mistakes pertaining to the establishment of site boundaries are the fault of the cadastral specialist. He bears the responsibility for ensuring that the procedure is both legal and correct.

The most typical errors made during surveys:

1. Carrying out cadastral works led to a violation of rights and interests owners of other plots, namely, a certain part of their territory was captured.
2. There was no agreement or was carried out in violation of laws. For example, neighbors were notified late or they were given incorrect information.
3. The act was drawn up in violation of the law and contains errors. For example, the required signatures do not belong to the real owners of the plots or their signatures are forged.

The cadastral engineer is subject to stringent penalties. For instance, persistent infractions result in the loss of his license and the ability to operate in this industry.

Understanding Property Boundaries	Coordinating with Neighbors
Resolving Disputes Amicably	Legal Considerations and Permits

Maintaining harmonious relationships and averting future disputes require accurate property boundaries, which can be ensured through land surveying with neighbors. By carrying out a survey, both sides are able to clearly identify the boundaries of their respective properties, which lessens the possibility of misunderstandings.

Throughout the survey process, it is crucial to communicate clearly. Transparency and understanding between parties are promoted by having an open discussion of intentions and involving all parties involved. This cooperative strategy guarantees that all neighbors are informed and participate in the process, in addition to encouraging goodwill.

A formal agreement that formally documents the survey results offers a legally-sound basis for future reference. Precise measurements, clearly defined boundaries, and any conditions pertaining to shared areas or responsibilities should all be included in this document. Conflicts over property lines are less likely when there is such clarity.

It is advisable to maintain property boundaries on a regular basis, particularly following major developments or changes in the surrounding area. Surveys conducted on a regular basis can verify the integrity of current borders and point out any encroachments or modifications that have happened over time.

In the end, conducting land surveys alongside neighbors shows proactive management of property rights and fosters an atmosphere in the neighborhood where understanding and mutual respect are valued. Through prompt and open resolution of possible boundary disputes, neighbors can preserve goodwill and guarantee the long-term use and appreciation of their properties.

Video on the topic

PRECISION SURVEYING. BUT! SELF-CAPTURE OF NEIGHBORS

How to correctly coordinate boundaries with neighbors when surveying

The turning points of the site were taken out, the neighbor did not expect such a result.

PROBLEM LAND. ROAD CAPTURE.

Coordination of land boundaries| How to agree on boundaries with a neighbor if he is against it?

How to coordinate the boundaries of a land plot with neighbors when surveying

One of the ways to avoid disputes during surveying.

A simple trip to the site turned into a nervous and complex one