Surveying suburban land plots is a relatively new phenomenon. That’s why so many landowners still have questions about it. The first question is why one would order this service, especially since it’s not mandatory in some countries by law. The second frequent question is who conducts the surveying, and how exactly the measurements of the plot boundaries are carried out? In this article, we attempt to answer both of these questions.
Why Conduct Surveying?
Let’s start by defining the terms. Surveying refers to the establishment of plot boundaries and the recording of coordinate points in the state information system. After performing this operation, the information is published in the cadastral database. Hereafter referred to as “the database.” You can check it by knowing the cadastral number of the plot. The map is public, and searching it is free.
Note that some legal provisions differ between various countries. Before ordering the service from a cadastral engineer, it is worth clarifying these details.
The following reasons may prompt the owner to resort to surveying services:
- Desire to formalize ownership of the plot. If the coordinates of its boundaries are not in the information system, it will be impossible to become the full owner. We will later show that there are exceptions to this rule. They are related to transitional provisions for land transactions in effect in some countries.
- Intention to change ownership shares. For example, the plot belonged to two people simultaneously. After the division operation, two ownership objects will emerge, each with its own boundaries and numbers in the cadastre. Each may have ownership rights.
- Need to officially fix the boundaries of possessions of two or more neighbors. After linking to satellite coordinates, changes will also be made to the database.
- Desire to formalize the unification of plots. In some cases, owners find it more convenient to own one object instead of two, three, or more.
Note that the owner of the plot may not conduct surveying if it is not officially required of them, or if they do not decide to seek the service for reasons mentioned above.
Even when registering land, surveying may not be required, for example, when formalizing ownership according to transitional provisions. But again, provided that the neighbors have no disagreements about where the boundaries of their land possessions lie.
Who Conducts Surveying and How
Land boundary establishment can be handled by geodesists. Various countries have associations for such organizations, either dependent or independent of the state. A cadastral engineer, not being a member of such a community, cannot perform operations with land plots.
This requirement simultaneously simplifies the search for a suitable company for the landowner to order the service. A unified registry of such organizations in the region can be found online, and reviews can be read on forums.
The complexity of the surveying operation depends on three factors:
- Shape of the plot’s boundary. If it’s rectangular, only the coordinates of its four vertices are needed for accurate indication in the database. If the shape is complex, more points need to be recorded.
- Presence in the database of information about the boundaries of neighboring plots. If any of them have already conducted surveying, the reference will be made to the points already entered.
- Absence or presence of disputes regarding the boundary between neighbors. It’s wise to first resolve any arising conflicts in the traditional legal field. Only then should surveying be conducted. In this case, experts record the position of boundary intersections agreed upon by the neighbors. The landowners then place their signatures in the agreement act.
Surveying always involves an on-site visit by a specialist. The anchoring of vertices to satellite coordinates is done using geodetic equipment. This allows for the collection of highly accurate data. For example, surveyors can use an RTK rover—a device that provides precise geopositioning and supports all modern methods of interaction with smartphones and tablets.
Before starting work, the cadastral engineer will require a set of documents and an application from the owner. There is no specific prescribed format for it. A template can be found online or requested from a cadastral company.
If the plot is already owned, specialists will request the owner’s passport and the purchase/sale agreement, donation, or another document confirming the right of possession. If you have a cadastral extract, this will expedite the review of the application. It’s worth noting that most companies specializing in surveying provide a complete list of required documents on their website or send it by email upon request. In some situations, a notarially certified power of attorney may be required, especially if the service is ordered by a representative without the participation of the owner.
How to prepare for surveying to expedite the process:
- Find contact details of neighbors. Inform them officially and invite a representative at the time of the engineer’s visit.
- Together with neighbors, agree on the fence corners of the plot or set boundary markers indicating its vertices. This way, the engineer will spend less time searching for them.
In some cases, it may be impossible to find the owner of a plot adjacent to yours. For such situations, there is a specific course of action in place. It involves notifying through the media. This step helps protect the rights of the owner in the event of a lawsuit. The cadastral engineer will specify suitable newspapers for the notification.
If the neighbor has been notified but does not appear, it is considered their consent. It’s preferable if they send an official letter of agreement. If notifying the individual fails, the work on boundary agreement can still proceed. However, the surveying act might be disputed by them later, potentially leading to legal proceedings.
Having existing surveying on neighboring plots considerably simplifies the process of boundary agreement. The ideal scenario is when the land is bordered by roads, streets, and bodies of water. In this case, the cadastral engineer has minimal doubts in terms of determining the vertices’ coordinates. These features are already anchored in the database.
Advantages of Surveying
The process of establishing plot boundaries involves the expenditure of time and money. The service cost depends on the remoteness and accessibility of the plot. Given that the market in this field is highly competitive, companies rarely overprice. This factor can be eliminated by getting price quotes from several different firms. From a time perspective, you can generally anticipate a timeline of 10-14 days. Being on-site is only required during the final phase—when the engineer conducts measurements. However, gathering agreements from neighbors and notifying them can be quite time-consuming and energy-intensive.
Below, we will look at the benefits the owner gains after anchoring the boundaries of their property:
- Surveying as a means to correct past mistakes. Specifically, it is possible to refine the area of land owned, which influences tax calculations.
- Having a signed boundary agreement act in hand either eliminates or significantly reduces the likelihood of future disagreements with neighbors. This is true for both the current landowner and their heirs.
- Fewer problems obtaining construction permits. Having clearly anchored boundaries increases the chances of obtaining permits for construction, laying communications, and other work on the property.
- Easier to carry out operations with the plot. After fulfilling all legal requirements, all options for managing the property become available to the landowner. This includes exchanges, gifting, selling, and leasing.
