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If you have a land plot in use, sooner or later you will have to face an unpleasant land control procedure. What is it, and why exactly your site came under the scrutiny of state land inspectors?
First of all, it is worth understanding what exactly this or that controlling body will check, what offenses can be detected during the check.
So, from state structures, land control can be carried out by federal and municipal executive authorities.
At the federal level, the authority to conduct land control is vested in three departments: Rosreestr, Rospotrebnadzor, Rosselkhoznadzor. The area of responsibility of each of these departments is delimited in detail by the Decree of the Government of the Russian Federation of November 15, 2006 N 689 "On State Land Control".
First, you need to determine the purpose of the audit. First of all, it is the exercise of control over the observance by organizations, as well as citizens, of land legislation, requirements for the protection and use of land.
What powers does each of these departments have? State inspectors of Rossreestr (Federal Service for State Registration, Cadastre and Cartography and its territorial bodies) check:
a) the presence of unauthorized occupation of land plots, unauthorized exchange of land plots and the use of land plots without documents of title drawn up on them in the prescribed manner, as well as without documents permitting the implementation of economic activities;
b) the procedure for the assignment of the right to use land;
c) the use of land for its intended purpose, based on the category and type of permitted use of the land plot;
d) fulfillment of the requirements for the presence and safety of boundary marks of the boundaries of land plots;
e) the procedure for providing information on the state of land;
f) execution of previously issued instructions on the elimination of violations in the field of land relations.
State inspectors of Rosreestr have the right to visit organizations and facilities upon presentation of their official ID, inspect land plots owned, owned, used and leased, and issue binding instructions on compliance with land legislation.
If on the threshold of inspection of Rosprirodnadzor (Federal Service for Supervision in the Sphere of Natural Resource Use and its territorial bodies), it should be borne in mind that, depending on the field of activity of the organization, you will be checked for:
a) carrying out land reclamation after the completion of the development of mineral deposits, construction, land reclamation, logging, prospecting and other works, including work carried out for on-farm or own needs;
b) taking measures to improve land and protect soil from wind, water erosion and prevent other processes that worsen the quality of land;
c) preventing the use of forest fund plots for grubbing, processing forest resources, arranging warehouses, erecting buildings (construction), plowing and other purposes without special permits for the use of these plots;
d) compliance with the regime for the use of land plots and forests in water protection zones and coastal strips of water bodies.
Land control by Rosselkhoznadzor (the Federal Service for Veterinary and Phytosanitary Supervision and its territorial bodies) is carried out exclusively on agricultural land and agricultural land plots as part of settlement lands. In this case, the following is checked:
a) implementation of measures for the preservation and reproduction of the fertility of agricultural land, including reclaimed land;
b) fulfillment of requirements to prevent unauthorized removal, movement and destruction of the fertile soil layer, as well as damage to land as a result of violation of the rules for handling pesticides, agrochemicals or other substances and production and consumption waste hazardous to human health and the environment;
c) fulfillment of other requirements of land legislation on the use and protection of land within the established scope of activity.
Thus, despite the fact that all these three departments are authorized to exercise land control, one should not lose sight of the fact that each of them has rather specific and clearly delineated areas of responsibility.
Therefore, you must clearly understand the scope of powers that the state inspectors who have come with the inspection are endowed with and not to exceed these powers.
Prepared by the head of the department for land disputes of the Legal Center KONI GROUP Rimma Mironova St. Petersburg, Vladimirsky pr., 17, office 420 Tel. (812) 633-06-46
The beginning of construction is a set of certain rules and procedures, only after completing which you can proceed to the construction of at least a residential private premises, at least a country cottage, at least an apartment building, at least an industrial facility. Only after going through a certain registration procedure with the competent authorities, I am associated with both the registration of the site and other tasks, you can obtain a construction permit and proceed with it.
Commencement of construction is a permit to begin construction work - in the United States, it is a macro, a monthly indicator showing the number of permits to build new homes.
Construction Permits - In the United States, a monthly indicator showing the number of new home construction permits. The indicator is subject to seasonal fluctuations and sensitive to changes in bank interest rates. The construction process is directly related to the state of income and expenses. The increase in construction volumes characterizes an improvement in the well-being of the population and a healthy development of the economy.
The indicator shows the number of permits for the construction of new houses. The indicator is very sensitive to changes in the main interest rates, since it is necessary to take bank loans for construction. Due to the nature of the housing market, the data is subject to seasonal fluctuations. The construction process is directly related to the state of income. Therefore, an increase in construction volumes characterizes an improvement in its well-being and a healthy development of the economy.
The indicator value is published monthly by The Census Bureau of the Department of Commerce in the second half of the month. Following the reporting date at 08:30 EST (New York) concurrently with the "Housing starts" indicator.
- permission for building, changes in abs. in thousand units
- building permit, thous.
- building permit, MoM changes,%
- building permit, YoY changes,%
- building permit as a macroeconomic indicator in the USA.
- building permit as a macro indicator in Australia
- building permit as a macro indicator in Belgium
- building permit as a macro indicator in Canada
- building permit as a macro indicator in the Philippines
- building permit as a macroeconomic indicator in the USA.
They come to the idea that it is time to build a house by different roads - someone is tired of noisy neighbors behind the wall, someone does not have enough space for growing children, and someone simply dreams of being close to nature. Be that as it may, before digging the ground under the foundation for the first time, it would be nice to decide where to find this very land.
Today, land for building a house can be found everywhere - both in large cities and in remote villages. The easiest way is to buy. It should be borne in mind that the value of the site is increased by the following "benefits of civilization":
- the presence of gas, water supply, central sewerage directly on the site or in close proximity to it
- distance from a large settlement
- quality of access roads
- geodetic characteristics of the site: whether it is on a hill or in a lowland, soil composition, depth of groundwater
- the ability to get there by public transport
- the presence in the settlement of shops, schools, medical service organizations
- no additional complications in paperwork.
Please note that if the site is sold with a noticeable understatement of the price relative to the others, this, of course, may be a special favor of the Universe to your venture, but most often there are objective reasons for this:
- flooding of the site in the spring (and you get it in winter and, naturally, you won't notice the problem)
- solid clay or peat, slightly covered with fertile soil, the presence of a distant relative who has certain rights to this land, but is not able to report this at the moment (but in a year or two he may well declare himself).
So when buying a plot, be careful! Another way to become a landowner is to get a plot in need of better living conditions. When choosing a land plot for construction, a citizen or a legal entity interested in providing a land plot for construction, apply to the executive body of state power or a local government body with an application for the choice of a land plot and preliminary agreement on the location of the object.
This application must indicate the purpose of the object, the proposed location of its location, justification for the approximate size of the land plot, the requested right to the land plot. The application may be accompanied by a feasibility study of the construction project or the necessary calculations.
The local self-government body, at the request of a citizen or a legal entity, ensures the choice of a land plot on the basis of documents of the state land cadastre and land management documents, taking into account the environmental, urban planning and other conditions for the use of the relevant territory and subsoil within its boundaries by determining options for the location of the object and conducting approval procedures in cases stipulated by federal laws, with the relevant state bodies, local authorities, municipal organizations.
The necessary information on the permitted use of land plots and on the provision of these land plots with engineering, transport and social infrastructure facilities, technical conditions for connecting facilities to engineering networks, as well as duty cadastral maps (plans) containing information about the location of land plots are provided free of charge the relevant state bodies, local self-government bodies, municipal organizations within two weeks from the date of receipt of the request from the local self-government body.
Local self-government bodies of urban or rural settlements inform the population about the possible or upcoming provision of land plots for construction. Citizens, public organizations (associations) and bodies of territorial public self-government have the right to participate in resolving issues affecting the interests of the population and related to the seizure, including through redemption, of land plots for state and municipal needs and the provision of these land plots for construction.
When providing land plots in places of traditional residence and economic activity of the indigenous small-numbered peoples of the Russian Federation and ethnic communities for purposes not related to their traditional economic activities and traditional crafts, gatherings, referendums of citizens on the issues of seizure, including through redemption, of land plots for state or municipal needs and the provision of land plots for the construction of facilities, the placement of which affects the legitimate interests of the said peoples and communities.
The executive bodies of state power or local self-government bodies make decisions on the preliminary approval of the location of objects, taking into account the results of such gatherings or referendums. The local self-government body informs land users, landowners and tenants of land plots that are in state or municipal ownership, whose legitimate interests may be affected as a result of possible seizure for state and municipal needs of land plots in their use and ownership, respectively, in connection with the provision of these land plots. plots for construction.
If, in order to locate objects, it is necessary to redeem land plots for state or municipal needs from lands owned by citizens or legal entities, the local government shall inform the owners of these land plots about their possible redemption. The procedure and conditions for the provision of such information may be established by federal laws, laws of the constituent entities of the Russian Federation. The results of the selection of a land plot are formalized by an act on the selection of a land plot for construction, and, if necessary, for the establishment of its security or sanitary protection zone.
The draft of the boundaries of each land plot approved by the local self-government body is attached to this act in accordance with the possible options for their choice. In the event of an alleged seizure, including through redemption, of a land plot for state or municipal needs, calculations of losses to owners of land plots, land users, landowners, tenants of land plots, losses of agricultural production or losses of forestry are also attached to the act on the selection of a land plot.
The executive body of state power or local self-government body decides on the preliminary approval of the location of the object, approving the act on the choice of the land plot in accordance with one of the options for choosing the land plot, or on the refusal to place the object. A copy of the decision on preliminary approval of the location of the object with the attachment of the draft of the boundaries of the land plot or on the refusal to place the object is issued to the applicant within seven days from the date of its approval.
The decision on preliminary approval of the location of the object is the basis for the subsequent decision on the provision of a land plot for construction and is valid for three years.If the owner of the land plot, land user, landowner, lessee of the land plot builds on the land plot or otherwise improves it after informing about the possible withdrawal, including through redemption, of the land plot for state or municipal needs, the owner of the land plot, land user, landowner, lessee land plot bear the risk of attributing to them the costs and losses associated with construction on the land plot or with other improvement.
If, after the expiration of the decision on the preliminary approval of the location of the object, the decision on the provision of the land plot has not been made, the persons whose rights were limited have the right to demand compensation from the executive body of state power or the local government body that made such a decision, the losses incurred, regardless of the extension the validity period of the decision on preliminary agreement on the location of the object. The decision on preliminary approval of the location of the object or on the refusal to place the object may be appealed by interested persons in court.
In the event that the decision on preliminary approval of the location of the facility is declared invalid in the court, the executive body of state power or the local self-government body that made such a decision shall reimburse the citizen or legal entity for the costs incurred by them in connection with the preparation of documents necessary for making a decision on the preliminary approval of the location placement of the object. In the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg, the selection of land plots for construction is carried out by the executive authority of the corresponding constituent entity of the Russian Federation, unless otherwise provided by the laws of these constituent entities of the Russian Federation.
Many people who own a piece of land think they can build "whatever their heart desires" on it without getting any building permits. Of course, this is the most important delusion, which can, in the future, lead to rather unpleasant consequences: the impossibility of connecting water, electricity and gas to the building, the lack of the right to make transactions in relation to an illegally built house, even the demolition of "unauthorized construction", though only by a court decision ...
If the court passed a verdict “to demolish”, then the owner of the house has no right to interfere with this process, since he erected the building illegally, ignoring all the rules. To avoid such deplorable situations, you need to do everything in accordance with the letter of the law.
First you need to go to the department of the administration to which the land plot that you own belongs to. There, a petition is drawn up that it is allowed to start building a house, this document must be made in two copies. This will require:
- certificate for a given land area (original + copy)
- an application to the head of the village council to authorize the start of construction (written right on the spot).
The second step will be to create a project for a residential building. Here, the site owner is faced with a difficult task: to build an organization according to the project that is constantly engaged in such activities and has all the appropriate permissions for it, or to create his own project.
If you decide to take the first path, then you need to take from the organization to which you entrust this task, two copies certified by it: a copy of the license and the project at home. Some customers commission such companies to create a new project for their future home. If you chose this option, then you will need to:
- order a plan of the site and its other objects together with the house 1: 500
- order a plan, which reflects all the floors and the roof 1: 100, you must also indicate all openings: door, window, which will be in the building
- create facade photos
- provide a certificate for land (copy).
Still, you decided to build the building yourself, then first call a special service to the built-up area, which will be able to survey the land and issue an act stating that everything is suitable for starting work. Then you need to make a plan for the executive topographic survey of the site, this document will be required for the subsequent registration of the cadastral passport.
The next step is to submit an application for the removal of the axes of the land plot and the house for construction. If there is already a "samostroy" on the territory, then the customer will have to make a topographic survey for him too, providing a copy of the land certificate for this site along with his construction plan. We remind you that a building, which was erected without a permit, can be demolished by a court decision, since it was built in gross violation of safety rules and regulations.
“An unauthorized construction cannot be registered with the BTI authorities, the necessary communications cannot be connected to it and a purchase and sale transaction can be drawn up. If you still decide to take such a step, you will receive money only for the cost of the site itself, since the building does not have any documents, which makes it impossible to sell it.
After carrying out all the above measures in the district architecture committee and receiving a special act indicating the possibility of building a residential building on a verified site, you need to order a building passport from the appropriate state structure - one of the most important documents legitimizing your "brainchild". To do this, you need to submit certain documents:
- an application written for a building permit
- a plan of the site together with a certificate of ownership of it (if the first one is not available, you can order from the cadastral chamber)
- decisions of executive authorities with a building permit, house project
- a topographic plan or an act on the study of the site (to obtain this paper, you must first call a special inspection there)
- design license (copy + original).
All this is required to issue a construction passport for a land plot, without which the construction of any architectural structure cannot legally take place. In the meantime, the required document will be prepared, you need to make a plan for the placement of buildings on the site, having previously coordinated it with the fire and sanitary inspections.
This document is submitted in finished form to a special committee in exchange for a building passport. When the procedure for preparing such important papers as a project and a passport is over, one of the most difficult moments in obtaining a construction permit comes - this is the verification of all documentation with the help of state expertise.
This type of check is carried out by a special commission, which in the future will accept the finished structure from the developer. The approved building project is considered only after a positive verdict based on the results of the examination, which will mean that all papers related to the house project comply with the initial data and technical conditions. Compliance with building codes, rules, legal requirements.
A permit for the construction of a private house will not be issued if the requirements of the project documentation do not meet at least one of the above conditions. This permission, in case of a positive result of the special commission, is issued for a period of up to three years and begins to operate from the date of registration. If, for some reason, the construction has not started, then, after the permitted time has elapsed, all documents will have to be drawn up again, visiting different authorities again. The document approving the construction of the structure is issued in several copies, one remains for the customer himself, and the other is in the urban planning archive.
The last step will be to re-apply to the local administration, where you will need to fill out an appropriate application to the local government (there you must also be provided with a sample to fill out), and pay all the required fees. After providing all of the above, the local administration issues a verdict, mostly positive.
A negative result may cause non-compliance of any of the submitted documents with the requirements of state authorities. But, when submitting papers for construction permits, do not expect a quick result, because employees of government agencies must check their authenticity, compliance with requirements, coordinate all issues with fire supervision, utilities and consumer supervision authorities. All this can take quite a long time.
Directly, before starting the construction of the building, you need to draw up a construction project, to which all permits for the conduct of installation, earthworks, and construction work will be attached. All permits can be obtained from the interdepartmental commission. If, during the architectural activity, plans for the area or additional buildings change upward or downward by more than 10%, this must be agreed with the committee, represented by the chief specialist, who must issue additional permission for all changes.
There are some nuances after the completion of construction. For example, when this process has come to an end, the customer needs to confirm in the interdepartmental commission that everything was done in accordance with the project and the documents required for completion have been received. These important papers will be: registration certificate, markdown certificate. Without obtaining them, the owner of the house simply will not be able to register the ownership of this building.
It may take from two months to six months from the date of their submission to become the owner of the constructed structure according to the documents. All this is a rather long process. You can introduce all communications into an already built house by calling services that have a license for such activities. For example, a new building is gasified according to a special project, after drawing up a certain act of connecting the facility to the general gasification system, a contract for equipment maintenance is drawn up.
It is also possible to bring electricity and water supply to the new "nest" only in accordance with the site development plan, which reflects all these points. Each company designed to carry out such work must have a license for the type of activity it is engaged in, as well as specialized technical equipment. After the construction of your house is completely completed, you need to receive another important document within two years - this is a certificate of the right of responsibility. Recall that a house is considered ready if the building has walls, windows, doors, a roof, an overlap between floors, and a fence in the form of a fence.
If this paper is not received in time, then the developer will face an impressive fine and a year of deferral for registering an architectural building. If the customer cannot complete everything on time, the house can be confiscated and later resold. To put into operation an already built structure, you need to provide a certain list of documentation to local authorities:
- petition of the district administration for the acceptance of the constructed building into operation
- passport belonging to the erected object
A summer cottage or private land ownership is an excellent place not only for recreation, but also for permanent residence. However, fresh air, housekeeping, nature can be clouded by disputes with neighbors. We will tell you in the article what to do if a neighbor has seized part of the land.
First, you need to figure out what can be considered an unauthorized seizure of the site. In simple terms, self-seizure is the illegal use of someone else's land for their own needs. In this case, the owners of the territory can be not only citizens, but also organizations, municipality or state.
In our country, there is no "no-man's" land that anyone can use as he pleases. The entire territory belongs to someone (if not a private person or enterprise, then the state or local administration), and the right of ownership, according to the law, guarantees protection from outside encroachments.
One of the gross violations of land use is the construction of a capital structure on land that does not belong to the owner of the "unauthorized building". This non-authorization of the use of allotments occurs frequently.
However, it is incredibly difficult to legalize such a building and register the land under it in ownership. Most often, building owners are forced to demolish the erected capital building at their own expense and pay fines for violation of land use rules.
In addition to the case described above, other violations often occur. In particular:
The violator does not always know that he is seizing someone else's territory. It may happen that the documents for the site were lost, and in this regard, the exact boundaries are not known. However, the invader's ignorance does not absolve him of responsibility.
Consider further what the owner should do if part of his land is seized by neighbors.
What if you can't reach a compromise when capturing a plot? It is necessary to solve the problem of seizing land by a neighbor on the basis of legislative acts of the Russian Federation. The owner can rely on the following articles:
The reason for going to court can be not only the direct seizure of part of the territory, but also the violation by a neighbor of the established SNiP 30-102-99. For example, if the distance between a neighbor's bathhouse to your fence is less than a meter, then this may be the basis for going to court.
In any case, it is worth starting the settlement of the issue with an attempt to resolve the problem peacefully. Neighbors may not even be aware that they have violated the borders. It is possible that it will be enough to revise the documents for the issue to be resolved.
If the neighbors are aware of the unlawfulness of their actions, but do not want to agree peacefully, they can file a complaint with the administration, and then with the land committee. This is necessary to document the fact of violation of the land use order.
When all possible methods of influence have not yielded the desired result, it is advisable to contact the judicial authorities.The court will order an expert examination to prove that the fact of the violation really took place.
Accordingly, in order to go to court, you must have a document confirming the ownership of the land plot (certificate or extract from the USRN) or the right of ownership (for example, a lease agreement with the municipality).
For the trial, you will need to collect other evidence of your innocence. For example, they can serve as testimony of witnesses, expert opinions, photographs or video filming.
Some experts recommend not going to court, but to the prosecutor's office. As a rule, this does not give the desired results. The fact is that the prosecutor's office will not be engaged in finding out "who is right - who is wrong" and the appointment of an examination, this is the responsibility of the judicial authorities.
The procedure for seizing a part of a land plot will depend on whether you have a boundary plan or not. Let's consider each situation in more detail.
When the land survey was carried out earlier and the boundaries are clearly established and documented, it is necessary to verify the data of the land survey plan with the cadastral passport or an extract from the USRN.
Coordinate data are stored in the all-Russian register, which are fixed by boundary marks. Based on this information, you can clearly see where exactly the boundaries of the allotments lie.
If there is a boundary plan and the corresponding data in a single register, it is possible to clearly say whether the boundaries are violated or not. Documentary confirmation of your innocence can become a serious argument, and the dispute can be settled without involving the judiciary.
Only if it was not possible to resolve the issue amicably, you should go to court. In addition to the statement of claim, depending on the basis of land ownership, you will need:
In addition to these documents, technical documentation for the land allotment and a landline plan will be required.
If land surveying has not been previously carried out, then the first step is to establish the boundaries of your site. To do this, you need to contact a geodetic company. A list of cadastral engineers who have the appropriate license to carry out such activities can be found on the official website of Rosreestr.
The result of the work of the cadastral engineer is drawn up by an act of agreeing on the boundaries and a schematic land survey plan. Based on the data received, you can try to negotiate peacefully with your neighbors. However, if it was not possible to resolve the situation, you will need to go to court.
Unauthorized occupation of a land plot is provided for by Art. 7.1 of the Administrative Code of the Russian Federation. According to the Code, such an offense is subject to the imposition of an administrative fine.
The amount of the fine depends on the cadastral value of the site and will amount to 1-1.5% for citizens (not less than five thousand rubles). If the cadastral value is not determined, then the fine will be 5-10 thousand rubles.
The amount of the fine will be calculated in proportion to the captured land area.
In addition, if the illegality of the neighbors' actions is proven in court, in addition to the fine, they will need:
All legal costs are borne by the plaintiff. However, if the court proves the defendant's guilt, all costs of the process will be recovered from him.
For example, consider a situation where a plot is adjacent to a house that is owned by two families by the right of common ownership. One of the families has two personal vehicles, the other does not. Cars are parked in a common area.
The second family can file a self-occupation complaint if the first family occupies more than half of the common lot.
If you have any disputes with your neighbors, consult a lawyer. A specialist will be able to recommend the most appropriate algorithm of actions after a legal analysis of your situation. Write your question in the special field on our website.
In any case, when it is not possible to solve the problem peacefully "like a neighbor", you will have to go to the courts. Without a legal education, it is often difficult to competently draw up a claim and collect an evidence base. A professional can also help with this.
Any land has its own purpose, on which the category also depends, while land for agriculture is usually located outside the village, and people are used to grow plants and raise livestock.
The illegal use of land is prohibited by law, and if a person violates the conditions, this may lead him to the appointment of sanctions.
There are certain legislative acts regulating the rules for the use of plots, and it is necessary to focus on them.
Topic 8. Drawing up an outline
1 Initial provisions and concepts of the outline.
2. Filming of buildings and land.
3. A schematic sketch of the site from nature.
1. The inventory of built-up land plots is closely related to the technical inventory of buildings. The latter, as a rule, is not carried out without an inventory of the sites on which the buildings are located. In practice, a specialist in technical inventory often has to deal with surveying sites and buildings at the same time. Therefore, he needs to know and be able to perform all the work related to the inventory of the building (drawing up a technical description, graphic work on drawing up sketches, drawings of land plots and buildings).
Experts take pictures of homestead plots using a tape measuring tape. Large measurements are taken with a steel tape or electronic tape measure.
When taking an inventory of a land plot, its boundaries are determined and all buildings and structures are measured, and all the necessary additional measurements are made to accurately depict the actual location of the site on a scale. All data of such measurements are applied to the outline, according to which an inventory plan is subsequently drawn.
An outline is a schematic drawing of a site from nature, containing an image of its boundaries and the outlines of all buildings and structures along the outer contours. The outline is drawn by hand as follows. so that the buildings and structures depicted on it are close in outline to the real gi and are located in relative scale.
[Three drawing up of the outlines should avoid incorrect images, in which buildings, large in nature, would appear on the outline less than small ones, even if this discrepancy was explained by the corresponding dimensions. Violation of the approximate scale leads to incorrect visual perception and is often the cause of difficulties when laying and drawing a plan of a land plot on a set scale. Large-scale discrepancies are especially undesirable when a large number of surveys and several outlines are made at the same time.In this case, due to the variety of objects being filmed, it can be difficult to reconstruct from visual memory the actual location of buildings on the site and their approximate scale.
The facade line in the outline is usually drawn parallel to the bottom edge of the sheet. Inscriptions and numbers in outlines must be clear and parallel to the lines to which they refer.
When depicting complex buildings on the outline, it is recommended to shade wooden buildings with oblique strokes for greater clarity, and stone buildings crosswise and highlight the outlines of buildings with thickened lines.
The outline is the primary document according to which the technical passport is drawn up. Therefore, erasures and erasures on the outline are not allowed. Individual corrections must be clear and have reservations. It is not allowed to trace outlines to give them a neater appearance. The outline must contain the date of compilation and the signature of the compiler. It is advisable to certify the original of the outline with the seal of the enterprise, which prevents its replacement. If there are significant ongoing changes, it follows without destroying the previously drawn up outline and without correcting it. compose a new one. If the changes refer only to a certain part of the outline, then they again constitute only the corresponding part of it, but with the obligatory linking it with the main outline and checking the remaining dimensions.
Starting to draw up an outline, a specialist must determine the order of performing the work and carry out it without violating the intended order. Measuring the site begins with measuring and sketching the facade line, measured with particular accuracy and precision. This line is the main or, as it is commonly called, the basis of the entire survey of the land plot.
Further, the specialist examines the area to be filmed, puts on the outline the location of all buildings and structures and outlines the required number of auxiliary measurements to determine individual points of the site and link the measurement of the site as a whole.
2. Surveying sites using the serif method allows you to set the position of the desired point by intersecting two lines of a certain length drawn from two previously set or specified points. Determining the position of the target point using three-point serifs is even more accurate, but only used when necessary. In this case, the third point will not only increase the accuracy of the desired point, but will also make it possible to control it, since if the measurement is taken incorrectly, the three points will not intersect at one point.
When determining auxiliary lines, it is necessary to ensure that their length is no more than 20 meters (the maximum length of the tape measure) and that the distance between the points from which the desired point is tracked is, if possible, slightly different from the length of the auxiliary lines, i.e. so that the triangle formed by the lines connecting all three points was close to equilateral (Fig. 2a).
The fact is that it is usually very difficult for the plaintiffs to prove the fact of the violations committed: for example, the fact that the plot for individual housing construction is used for business purposes.
After analyzing the materials of the case, the court denied the society in satisfying the statement of claim. He considered that the applicant's inaction was expressed in non-fulfillment of the requirements for the improvement and protection of soils and mandatory measures to preserve the quality of the land. At the same time, when acquiring a plot for agricultural purposes, society was aware of the need to bear the burden of its proper maintenance. And there was enough time for field work (from October to May).
There is also no common practice regarding the concept of “misuse”. Thus, some courts proceed from the understanding of the intended use as corresponding to the purposes of its provision.
Other courts point out that if the changes in the direction of activity do not go beyond the intended use, then there are no grounds for bringing to administrative responsibility.But when it comes to obvious changes in the purposes of use, the court takes the side of Rosreestr.
Thus, misuse of land in Russia is punishable by fines, as well as non-use of agricultural land, failure to take measures to improve soil properties.
The maximum punishment that threatens the negligent owner of the land is its seizure in favor of the state. Land use by owners is supervised by the Regional Office of Roestre.
The amount of the fine for misuse of land or non-use of plots is tied to the cadastral value and depends on the category of the plot and the owner (whether he is an individual or a legal entity). In the absence of a cadastral valuation, fines are set at a fixed rate. After a significant increase in fines in 2015, their size did not change.
Judicial practice on the misuse of land is quite contradictory, judges make diametrically opposite decisions on identical issues. Timely change of the category of the site allows you to avoid administrative liability.
The order of your actions is as follows:
If the boundary of your land plot has been established (land surveying has been carried out and the coordinates of the angles of the turning points of the land plot boundary have been determined), then you can take out the boundary of the land plot and secure it with boundary marks. Then demand from the neighbor to install a new fence in accordance with the previously defined border of the plots.
You can contact the body in charge of state land control - the territorial department of Rosreestr for the district on the territory of which the land plot is located.
The inspector must go to the land plot, examine the documents of title to the land plots of the neighbors.
Then make the necessary measurements and, based on its results, draw up an act, in case of violation of the law - a protocol on an administrative offense, as well as an order to eliminate the identified violations of land legislation.
If a neighbor refuses to voluntarily move the fence, it is necessary to go to court at the location of the land plot with a claim to reclaim property from someone else's illegal possession.
If the boundaries of the land plot are not established in accordance with the requirements of land legislation (the coordinates of the angles of the turning points of the boundary of the land plot are absent), then it is necessary to respond to the transfer of the fence as soon as possible.
In many constituent entities of the Russian Federation, in order to properly notify the interested land user about the date and time of the border coordination procedure, a notification printed in the local newspaper is sufficient. Thus, the absence of a signature on the border coordination act does not matter, and the neighbor's plot will be put on cadastral records within the actual boundaries, that is, with the seizure of a part of the land plot belonging to you.
If you applied to your neighbor in writing with a request to move the fence to the old place, but he refused, you need to go to court with a claim to establish the boundaries of the land plot.
Further, by all available means, you need to prove that your neighbor's actions have violated your rights: in particular, the size of your property has decreased. As evidence, you can use documents of title, the general plan of the partnership, testimony.
Probably, the court will appoint a land survey, the cost of which is high, but without it, the court will not be able to make a reasoned decision.
So, do you need a land survey if there is a cadastral number?
During the survey, the location of the site, its boundaries and area are determined and specified. Borders are agreed with the owners of neighboring land plots. The results are entered into the State Cadastre.
Is it necessary to carry out a land survey if you have a cadastral passport? If there is a newly created site, land surveying is mandatory. It can either stand out from a site that existed before, or from undeveloped land. If it is necessary to register the title to a plot obtained before the Land Code was introduced (before 2001), then it is not necessary to carry it out.
And yet, many owners carry out this procedure without being interested in whether a land survey is necessary if there is a cadastral passport, since this helps to clarify the boundaries between neighboring plots.