How To Draw Up A Land Plot Plan - 2

2024 Author: Sebastian Paterson | [email protected]. Last modified: 2023-12-16 13:47

However, some shortcomings of the above-mentioned order are already quite obvious, which can become problems for owners of land plots:

1. Inability to obtain a cadastral passport for a land plot and, accordingly, a certificate of ownership.

2. In the certificate of ownership issued by the FRS, the invalid actual area of the object will be indicated, which leads to additional costs for obtaining a new certificate with an updated area.

3. When concluding a transaction, the registration authority may refuse to register property rights to a land plot, which may lead to a litigation with a party to the transaction or with a registering authority.

There is a real possibility of manifestation of the subjective attitude of officials of Rosnedvizhimost (cadastral chamber) when regulating geodetic activities in order to limit the number of geodetic organizations (cadastral engineers) in their areas. These actions will inevitably lead to a narrowing of the market for cadastral services and the elimination of "unfriendly" cadastral engineers from it. As a result, some cadastral engineers will redo landmarks dozens of times, while others will prosper, handing over everything, albeit with "minor" errors, but the first time. For citizens, this situation will mean the following - prices for land management work will rise.

The subjective actions of officials of federal cadastral authorities (Rosnedvizhimost) and executive authorities of the constituent entities of the Russian Federation are based on the indefinite provision of clause 7.4 of Article 29 of the Federal Law "On the State Cadastre of Real Estate", which provides for the cancellation of a qualification certificate in the event that the on refusal to carry out cadastral registration on grounds related to gross violation by the cadastral engineer of the requirements established by the Federal Law "On the State Cadastre of Real Estate" to perform cadastral work or draw up the relevant documents prepared as a result of such work. " The classification of certain violations as gross completely depends on the assessment given by an employee of the cadastral registration body.

Problems for cadastral engineers will arise not in the process of obtaining a qualification certificate, where the actions of officials are strictly regulated by the qualification examination procedure, but as a result of a subjective assessment of violations of the requirements for the implementation of cadastral work or paperwork, classifying minor violations as gross. For this reason, it is very important that representatives of independent geodetic (self-regulatory) organizations in the field of cadastral activities, representing the legitimate interests of their members in their relations with public authorities, are included in the qualification commission that makes the decision to cancel the qualification certificate. This is especially important when dealing with disputes,related to the adoption by the cadastral registration authority of decisions to refuse to carry out cadastral registration (this right of self-regulatory organizations in the field of cadastral activities is provided for by paragraph 2.1 of Article 34 of the Federal Law "On the State Real Estate Cadastre").

The land survey plan, in fact, eliminates many of the shortcomings of the current land management business, it clearly spelled out the requirements for the work performed, there is no explanatory note, which previously did not have a unified form. There are precise applications and forms that indicate all the necessary data that should be displayed during land surveying. From the existing documentation, only the border coordination act has not changed. The land survey plan is certified by the signature and seal of the cadastral engineer who prepared such a plan, indicating the qualification certificate.

With the introduction of the institute of cadastral engineers, the quality of the services provided for land surveying should improve, since in case of gross violation of the requirements for carrying out land surveying, the qualification certificate will be canceled, which is likely to lead to an increase in prices for the work performed. It should be noted that until 01.01.2011, cadastral activities, along with cadastral engineers, may be carried out by persons who, on the date of entry into force of the Federal Law, the right to perform work on territorial land management.

The amendments that came into force are designed to unify and accelerate the effective work of organizations involved in land surveying, paperwork, expertise and technical control over the implementation of the required procedures, and systematize the land surveying procedure.