Establishing compliance with the boundaries of the land

Distribution or allocation of land

Determination of land area

Establishment of land easement

Establishing the boundaries of the land plot on the ground (locally) is the determination with the help of geodetic devices of the location of the turning points of the boundaries of the land plot and their fixing with boundary markers.

According to Article 106 of the Land Code of Ukraine, the owner of a land plot has the right to require the owner of a neighboring land plot to assist in establishing firm boundaries, as well as restoring boundary markers in cases where they have disappeared, moved or become indistinct.

Types of boundary markers and the procedure for restoring boundaries are determined by the central executive body, which ensures the formation of state policy in the field of land relations.

The costs of establishing adjacent boundaries shall be borne by the owners of land plots in equal parts, unless otherwise established by agreement between them.

The boundaries of the land on the ground (locally) are fixed by boundary markers.

Boundary sign - a special sign of the established sample, which fixes the position of the turning points of the boundaries of the land on the ground (locally). Boundary signs are of three types:

Type 1 - a sign of a special design, which consists of 4 elements;

Type 2 - metal pipe with a diameter of 3-7 cm, height 80 - 100 cm with a welded metal plate (plate) for inscriptions;

Type 3 is a wooden pillar, which should have the following parameters: diameter - not less than 10 cm. Height not less than 100 cm. Each boundary mark has its own number, which consists of 14 characters.

The procedure for establishing the boundaries of the land plot

Establishment of the boundaries of the land plot is carried out in accordance with the Law of Ukraine on "Land Management" and the Instruction on the establishment (restoration) of the boundaries of the land plot in kind (on the ground). Establishment of boundaries of the land plot on the ground (locally) is carried out on the basis of technical documentation on land management, which determines the location of turning points of the boundaries of the land plot on the ground (locally).

Establishing the boundaries of the land consists of the following stages:

1. concluding an agreement with a land management company for the preparation of technical documentation for the establishment (restoration) of the boundaries of the land on the ground (locally);
2. preparatory work - analysis of source materials, data of the State Land Cadastre, etc .;
3. topographic and geodetic works - execution of geodetic surveys on the ground to determine the turning points of the boundaries of land plots and the establishment of boundary markers (in accordance with the Instruction - at the request of the owner of the land plot);
4. in-house works - compilation and execution of technical documentation on land management to establish the restoration of the boundaries of the land on the ground (locally) and fixing them with boundary markers.

In accordance with Part 3 of Art. 158 of the Land code of Ukraine, local governments resolve land disputes within settlements concerning borders of the land plots which are in the property and use of citizens, and observance by citizens of rules of good neighborliness. Such bodies of local self-government, whose powers include the resolution of land disputes, are the executive bodies of village, settlement, city councils (paragraph 5, part 1 of Article 33 of the Law of Ukraine "On Local Self-Government in Ukraine").

Land surveyors of the "Western Ukrainian Expert Advisory Center" have extensive experience in this field, are certified and work with modern and accurate surveying equipment.

Required documents

Source documents for concluding the contract:

1. a copy of the document certifying the right of ownership (use) of the land plot (if any).
2. the decision of the relevant local government or executive authority to issue a permit for the allocation of land ownership (use) with a copy of which indicates its location.
3. a copy of the document confirming the ownership of real estate located on the land (if any).
4. a copy of a document certifying an individual (a copy of the passport and identification code), or a copy of the certificate of state registration of a legal entity.

Establishment of boundaries of the land plot on the ground (locally) is carried out on the basis of the developed and approved:

• technical documentation on land management for the establishment (restoration) of the boundaries of the land on the ground (locally);
• technical documentation on land management regarding the division and unification of land plots;
• land management project for the allocation of land ownership (lease).

A contract is concluded for ordering technical documentation.

The purpose of establishing boundary markers

Establishing the boundaries of land on the ground also occurs if:

• boundary markers that were previously installed are currently destroyed for any reason;
• the developer must make sure that the building to be constructed on this site will be at a sufficient distance from the site boundaries;
• the potential buyer or tenant of the land has doubts about the correctness of the boundaries set by the owner;
• similar works have not been carried out before, so the owner wants to clearly define the boundaries of his plot and obtain the relevant documents.

Boundary marks are not set:

• at common turning points of the boundaries of adjacent land plots, on which boundary markers were previously established;
• in places where their installation is impossible (on water bodies, at a prohibition of carrying out earthworks). In this case, the turning points of the boundaries of the land may be marked with paint;
• at turning points of the boundaries of land plots, which are provided (transferred) for placement, construction, operation and maintenance of linear objects: structures of supporting structures (supports, support struts) of overhead power lines, radio relay lines and communication lines;
• at the request of the owner (user) - if the boundaries of land on the ground (locally) coincide with natural and artificial linear structures and boundaries (rivers, streams, canals, forest belts, roads, road structures, fences, fences, building facades and others linear structures and boundaries, etc.).

Fixing the boundaries of the land plot on the ground (locally) is carried out in the presence of the owner (user) of the land plot, owners (users) of adjacent land plots. Transfer of boundary markers for storage to the owner (user) of the land plot is carried out according to the act of acceptance-transfer of boundary markers for storage.

Consequences of not signing the act of approval of the boundaries of the land plot

On March 28, 2018, the Supreme Court, as a panel of judges of the Second Judicial Chamber of the Civil Court of Cassation, adopted a Resolution on case №681 / 1039/15-ts, in which, in particular, it came to the following conclusions regarding the consequences of not signing the land boundaries:

• Boundary approval is an exclusively ancillary stage in the land privatization procedure, aimed at avoiding unnecessary technical errors. At the same time, Article 198 of the Land Code of Ukraine only indicates that the component of cadastral surveys is "coordination of the boundaries of the land plot with adjacent owners and land users." It does not follow at all that in case of refusal of the adjacent landowner or land user to sign the relevant document - the act of coordination of boundaries - it should be assumed that the coordination of boundaries has not taken place;
• the agreement of the boundaries is that the co-worker was invited to sign the relevant act. If he refuses to do so, the body authorized to decide on the privatization of the site on the merits must proceed not from the very fact of refusal to sign the act, but from the reasons for refusal (if they are voiced). If such motives are exclusively hostile relations - they have no legal significance;
• in the event of a dispute, the lack of coordination of boundaries is not in itself a ground for considering the privatization decision illegal;
• the signing of the act of approval of the boundaries has no independent significance, it does not lead to the emergence, change or termination of rights to land, as well as any other rights in the privatization procedure;
• disagreement of the boundaries of the land plot with adjacent owners and land users may not serve as a basis for the refusal of the relevant local council to approve the technical documentation, subject to lawful actions of each of the land users;
• failure to consent to the approval of the boundaries of the land plot of the adjacent land user may not be an obstacle for the local council to consider the transfer of land ownership to the defendant in the circumstances of the relevant technical documentation.

Resolution of the dispute regarding the establishment of the boundaries of the land plot

The Land Code of Ukraine (Article 158) stipulates that land disputes are resolved by courts, local governments and the central executive body that implements state policy in the field of land relations.

It should be noted that only the court resolves land disputes over the ownership, use and disposal of land owned by citizens and legal entities, as well as disputes over the delimitation of villages, towns, cities, districts and regions.

The case law on the resolution of land disputes regarding the establishment of land boundaries indicates that for the period 2017-2019 the courts satisfied the claims if they concluded that they are justified and as a result of violation of land boundaries violated the right of ownership, possession, use of land plot. Yes, the relevant court decision is available in cases 669/43/17 and 676/4536/17.

Such disputes are heard in local courts under the rules of civil procedure.

Interesting case law on the lack of approval of the boundaries of the land by an adjacent user. In particular, the legal conclusions of the Supreme Court of Ukraine state that the privatization body should proceed not from the fact of refusal to sign the act of approval of the land boundaries, but from the reasons for refusal: Case № 350/67/15-c, 514/1571/14-c.

Regulations

• Constitution of Ukraine
• Land Code of Ukraine
• Law of Ukraine "On Land Management"
• Law of Ukraine "On topographic, geodetic and cartographic activities"
• Order of the Main Department of Geodesy, Cartography and Cadastre under the Cabinet of Ministers of Ukraine of April 9, 1998 №56 "On approval of the Instruction on topographic surveying in the scales 1: 5000, 1: 2000, 1: 1000 and 1: 500 (SCST-2.04-02- 98) "
• Order of the State Committee of Ukraine for Land Resources of May 18, 2010 № 376 "On approval of the Instruction on establishing (restoring) the boundaries of land plots in kind (on the ground) and fixing them with boundary markers"

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