What to do if, during land surveying, the land plot turns out to be larger or smaller than according to the documents

Land surveying is an essential step in any property ownership process, be it purchasing, selling, or just keeping up with land management. It offers accurate measurements and assists in preventing conflicts with neighbors or law enforcement. However, what occurs if the measurements listed in your documents do not correspond with the survey results? Although many property owners find themselves in this situation, it can be perplexing and upsetting.

If you discover that the size of your land plot differs from what is recorded, it can have serious consequences. For example, you may feel that you’ve lost building space or valuable area if your plot is smaller. Conversely, finding additional land may initially appear to be a benefit, but it may also result in tax and legal issues. It’s crucial to know what to do in these circumstances to guarantee that your rights are upheld and that any problems are handled amicably.

It’s crucial to confirm the survey’s accuracy first. Since mistakes can happen, having a second survey carried out by a trained expert can help validate the preliminary results. After the discrepancy has been verified, you will need to examine your property records and background. Boundaries can shift for a number of reasons, including natural shifts, historical inaccuracies, or modifications to local laws.

After gathering all the required data, it’s time to deal with the legal aspects. This could entail speaking with a real estate lawyer, settling with neighbors, or updating your property records. Early and proper resolution of these problems can help avoid future conflicts and guarantee that the boundaries of your property are accurately recorded for any upcoming transactions.

Legal grounds for changing the area

The actual area of the land plot may be increased in comparison to what was previously shown in the cadastral documents for the land upon the occurrence of several legal grounds.

Among these legal justifications are:

• Increase in land allotment due to land located in state or municipal ownership, as defined in Article 39.28 Land Code of the Russian Federation. In this case, the formation of stripes is not allowed. That is, you can increase your own allotment only at the expense of adjacent state land.
• Correction cadastral error. If earlier, during land surveying, a cadastral engineer made an error that led to a decrease in the area of ​​the site, then this error can subsequently be corrected, which will lead to an increase in the area.
• Acquisition of land from a private individual based on the purchase and sale agreement. As in the case of increasing a plot at the expense of state land, the acquired plot must have adjacent boundaries with the enlarged plot.
• Permissible excess of allotment. Subclause 32 of clause 1 of Article 26 of Federal Law No. 218 of 2015 determined that when carrying out land surveying, the site can be increased by a certain amount (see. below), if this does not lead to the imposition of boundaries on adjacent plots, public lands, etc.d.

It’s critical to act quickly to address any discrepancies found in your documentation regarding the size of your land plot, whether they are larger or smaller, after land surveying. First, have a professional surveyor and your local land registry office verify the accuracy of the survey and your documents. In the event that the accuracy of the survey is verified, you might have to amend your official land records, which might entail speaking with nearby property owners or going through legal processes. By taking swift action, you can guarantee that your property boundaries are acknowledged by the law and avoid future conflicts.

What to do if you increase the size of your plot?

The two categories of above-mentioned conditional legal grounds for land expansion are as follows:

1. Which do not require additional registration of land ownership. This is the correction of a cadastral error and the permissible excess of the allotment.
2. Which require additional registration of land ownership. This is an increase in allotment due to adjacent plots owned by the state or in the possession of another private person.

In any event, an expansion of the allotted area is prohibited if it results from:

• Public lands (for example, roads);
• Plots belonging to other categories (for example, the main plot lies in the lands of settlements, and the cut-off part lies in agricultural lands).

If expanding the land plot would result in it being larger than the maximum size allowed by local legislation, it is not permitted.

Without registration of land ownership

Clarifying the boundaries of the land plot is necessary in order to correct a cadastral error. No matter how much the plot’s area has grown, it will be registered according to the newly drawn boundaries if it turns out that a cadastral error actually happened.

The situation pertaining to the allowable over-allotment is considerably more intricate. Subclause 32 of clause 1 of Article 26 of Federal Law No. 218 of 2015 stipulates that, subject to a maximum amount, a plot’s area may be increased during land surveying in relation to what was originally indicated in the cadastral documents.

The same subclause established that the minimum size of a plot for a particular type of intended use, fixed at the legislative level, is the maximum value for increasing an allotment.

In other words, if a local regulatory act (adopted at the regional, regional, and city level) stipulates that the plot size for the construction of individual housing cannot be less than 3 acres, then the interconnected section of individual housing construction cannot be increased beyond that amount.

For instance, after land surveying, the area allotted for building individual homes cannot be larger than 13 acres, even though the original documents stated that it would be 10 acres.

The same subclause stipulated that the bordered plot may only be increased to a maximum of 10% of its initial size if the minimum size required for a particular kind of intended use is not specified.

In other words, if the original documentation listed a plot size of 10 acres, it can’t be larger than 11 acres following land surveying.

With registration

As long as the combined plot doesn’t go over the maximum amount of Memory installed in the area, the owner of one plot who purchased an adjacent plot from his neighbor may combine the land into one plot.

You have to buy the neighbor’s land before you can expand your plot at their expense.

According to Article 39, paragraph 2.28 of the Russian Federation’s Land Code, a landowner must enter into a suitable agreement with local administration representatives in order to increase the size of his plot at the expense of state-owned land. In exchange, the owner will be required to pay a certain amount.

In actuality, the plot owner has to buy some land from the state or from his neighbor in order to justify an irrational increase in the allotment of land.

What to do when reducing area

Lowering the attainable land area in two scenarios:

1. When correcting a cadastral error. Moreover, according to the Order of Rosreestr dated 01.06.2021 N P/0241 the initiative to correct a cadastral error can come not only from the owner of the plot, but also from Rosreestr.
2. When a claim arises from neighbors who carried out land surveying, according to the results of which the border of their plot runs along an adjacent plot.

The site owner can address the issue in either of these two ways:

1. Agree with the reduction of land and sign an act of approval of boundaries.
2. Do not agree with the reduction and order clarification of boundaries land allotment.

You can file a claim in a court of general jurisdiction, and the court will appoint a judicial land survey, if the clarification procedure did not yield the desired outcome.

It can come as a surprise to learn that your land plot is bigger or smaller than what is recorded. First, maintain composure and gather all required paperwork, including your title deed and any prior survey reports. It’s important to comprehend the disparity, so get precise measurements and expert advice on the matter by speaking with a licensed surveyor.

If the plot ends up being larger than anticipated, it’s crucial to make sure the extra land isn’t restricted or owned by someone else. It might be necessary for you to formally modify the boundaries of your property, which would entail working with local authorities and going through legal procedures. By doing this, future disputes are avoided and your ownership is acknowledged.

However, if the plot is smaller, look into any possible encroachment by a neighboring property or if there was an error in earlier documentation. To resolve these matters, legal assistance may be required. To safeguard your investment and avoid legal issues, it is imperative that the property records are updated with precise survey information.

You can avoid future surprises by routinely updating and reviewing your property documentation. Keeping lines of communication open with your neighbors and the local government will also make managing and resolving boundary-related disputes easier. By handling these circumstances correctly, you can maintain the security and definition of your land ownership.

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