Lawyers advising gardeners on land law, indicate the problem, which in recent years, asserting itself more often than others. This is the so-called "imposition"of the boundaries of land on each other.
It is found in the preparation of cadastral surveying engineers, business or when you receive a landmark case in the territorial department of the Federal Service for State Registration, Cadastre, and Cartography (Rosreestr) for cadastral registration, or to update the information state real estate cadastre on the borders of the land.
Who first come, ... meters
Need to obtain state land cadastre number of the new model appears in the sale of villas or bare earth, or when the gardeners are willing to accurately define the boundaries of his plot. No need to explain how important it is to accommodate the summer garden buildings and improvement to accurately represent where the ends of "my land" and someone else begins.
And then, according to specialist legal support to the Centre of Russian horticulturist Helen Korobkova, fatal role "played by the fact whether there was a next to your site plot, details of whose boundaries are specified and included in the state cadastre of real estate. It may happen that the boundary of its cadastral engineers identified correctly.
However, during its registration in Rosreestra, adjacent land by the state cadastre with defined borders, yet was not. Thus, the overlap of its borders to the boundaries of adjacent plots, one can say "annexation hidden", which occurred due to poor quality of cadastral engineers, specialists Rosreestra was not visible.
In this case, the area with the wrong coordinates and boundaries, and sometimes, within the "dacha amnesty" to prirezkoy allegedly "public" land, gets a new state inventory number, followed by - a certificate of registration law, and later, perhaps, already profitable resold ... The worst that the area properly defined area may extend beyond the boundaries of his fence!
At the same time in the act of harmonizing border landmark plan for the site under "with the declared boundaries agree" will show off the signatures of all owners of adjoining land. In case of personal meetings with them were not, will make the documents confirming the notification of owners, owners of adjoining land to hold the approval procedures of land borders ...
I delude myself happy!
Subject of the contract, which the gardener usually signs with cadastral engineers, provides a procedure for the so-called "territorial land or subdivision of land." And yet today, these legal terms are eliminated. Under the existing land laws, such a procedure is called "inventory of work on site borders." So that construction contracts should contain exactly this phrase.
But the cadastral engineers, taking advantage of customers' ignorance, continue to undertake to perform only modestly measurement and control work. So that the failure Rosreestra clarification information about the boundaries of the land in the state cadastre of real estate because of the "imposition of limits" areas does not mean that the cadastral engineers return paid by a lot of money. Quite the contrary: cardiovascular wish to quickly settle the property dispute, and then perhaps re-order the job!
For information: their value in the Moscow region begins today from 8 thousand rubles. Conflicts concerning the correctness of the carved face many plans. But, according to specialist legal support to the Centre of Russian horticulturist Anne Stepnova, complain to the court is virtually useless, because the cadastral engineers with their obligations under the contract properly complied with.
How much is the justice?
According to the Land Code, disputes on land issues are resolved in court. But according to Helen Korobkova, remember: no matter how uncontroversial arguments may seem, evidence of your right, a judge in some cases require expert opinion of an independent expert.
The cost of carrying out land assessment, which makes expert organizations having a special license for its conduct is at least 50 thousand rubles. Pay for these services, usually in the form of advance payment, the plaintiff must.
In the event of winning a land dispute, all court costs including the cost of examination, a lawyer, travel expenses the plaintiff may recover from the defendant, violated his rights, unless such requirement is contained in the lawsuit.
However, as remarked Anna Stepnova, the costs to the plaintiff will be returned only if the following conditions: if they are documented, properly documented, if a judge deems them relevant to the case parsed, and the size of the claimed expenses - reasonable. It often happens that the actual legal expenses the judge does not fully compensate. However, many claimants will not be taken to challenge the verdict - are satisfied that defended their "piece of land."
Hooking up the administrative resources
In the event of a dispute about the true boundaries of land in the center of legal support for the Russian horticulturist advised to use another way to defend their property interests. In contrast to the above judicial procedure, it does not require any money for expensive forensic examination, nor the cost of legal aid lawyers in court.
The fact that any piece of land is the object of attention of inspectors of the state land control. The organization is part of the same Federal State of registration, inventory and mapping, and its territorial departments and divisions are available in all areas and regions of Russia including the Moscow region.
According to paragraph 1 of Article 71 of the Land Code of the Russian Federation, "State land control by the observance of land legislation, safety requirements and land use organizations, regardless of their organizational and legal forms of ownership, their leaders, officials and citizens." Thus, to verify the establishment of land boundaries gardener enough to apply to the department of land control of the territorial division Rosreestra, the location of his site.
Elena Korobkova of the Center for Legal Support of Russian horticulturist whose experts helped identify the location of the cottagers of the territorial division and competently make a request for verification of possible self-trapping of the land, said that work on the instrumental measurements of sites carried out by inspectors for free. However, it must be borne in mind that the land has its own inspection, compiled for the year ahead, plan checks. Therefore, your will be treated as "overdelivery. This can affect the turnaround time.
The audit inspector of land control has the right to draw up an act to eliminate violations and impose an administrative penalty on the violator of your property interests, and in such a way to resolve the conflict. However, at the Center for Legal Support of Russian horticulturist us acquainted with the newly obtained results of instrumental testing conducted on the treatment of one of the gardeners in Solnechnogorsk district of Moscow region.
It turned out the applicant's suspicions that a neighbor illegally owns part of its land, were unfounded. Violations of the boundaries of the land inspection is not revealed. Recall that the judicial path to understanding this "truth" would cost Summer Resident at least 50 thousand rubles., Not counting other court costs.
Still, carrying out orders landowners, measurement errors, procedural violations, according to experts Rosreestra, cadastral engineers admit a lot. Administrative responsibility for the "hack-work" for them has already been allocated. But Article 14.35 of the Administrative Code will come into force only a few years. However, from 1 January 2011 the situation has a chance to dramatically improve. On the essence of innovation can be found in the article "Registration of the land will become easier and cheaper by half."