Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Drawing the boundaries of a land plot in nature
Land registration is a responsible step, which is often accompanied by the drawing of its boundaries in nature. This procedure consists in the physical installation of boundary marks on the ground in accordance with the data of the State Geocadastre. It is important to do it in particular before planning development in order to avoid disputes with neighboring land owners. In addition, this procedure is extremely important in cases where it comes to damage to previously installed boundary marks, division or unification of land plots.
Installation of boundary marks when drawing the boundaries of a land plot in nature: what options are there?
In this procedure, the key step is the installation of boundary marks. These marks physically mark the boundaries of the plot. The type of boundary mark is determined by the owner of the land plot together with the land surveyor. In practice, when conducting geodetic works, temporary wooden stakes or posts are often used initially to pre-mark the boundaries. Three types of standardized boundary marks are used to fix the boundaries in nature, in particular:
- a specialized polymer structure (consists of a metal mark, a embedding dowel, a fixing rod and a mounting post);
- a metal pipe with a metal plate welded to the upper part, intended for inscriptions;
- a wooden post with a cross at the bottom for better fixation in the soil.
At the same time, it is worth emphasizing that if the boundaries coincide with structures or surfaces (there may be rivers, forest belts, roads, fences, building facades, etc.), you may not use the specified boundary signs.
In general, there are uniform rules for installing boundary signs, in particular, they should be installed every 200 meters; the minimum distance between them at turning points should not be less than 1 meter.
Important! Article 106 of the Land Code of Ukraine stipulates the obligation to determine common boundaries with neighbors. This means that before marking the boundaries of a land plot in nature, it is necessary to obtain the consent of other landowners and agree on the costs of installing common boundaries.
The procedure for marking the boundaries of a land plot in nature: what work will be performed?
The specified procedure consists of the following stages:
- collection and analysis of all available information about the land plot;
- obtaining initial data on the coordinates of turning points from the State Land Registry;
- coordination of details with the customer;
- physical installation of boundary signs;
- conducting a topographic survey (field measurements);
- carrying out land management work (execution of technical documentation materials, act of marking out boundaries in nature).
Who has the right to carry out work on marking out boundaries of a land plot in nature?
Only qualified specialists and organizations have the right to carry out such work. According to current legislation, marking out boundaries of a land plot in nature can be carried out by land management companies that have the necessary technical support and have at least two certified land management engineers on staff. This can also be an individual entrepreneur, if he is this land management engineer and has the appropriate certificate. Before ordering services, it is imperative to check the availability of a certificate from a specialist on the official resources of the State Geocadastre.
Coordination of marking out boundaries of a land plot in nature with the owners of neighboring plots: how to proceed?
Before starting the installation of boundary signs, especially if it requires excavation work, it is necessary to coordinate this possibility with the owners of neighboring plots. First of all, they must be present during the direct fixing of boundary signs.
As a general rule, the contractor is responsible for properly notifying the owners of adjacent land plots about the start of work. The following requirements are imposed on the notification:
- firstly, it is sent in advance, no later than five working days before the start of work;
- secondly, it must be sent in such a way as to ensure the recording of the fact of its sending (registered letter, e-mail with confirmation of receipt);
- thirdly, if the location of the owners is unknown, the notification is sent to them through an advertisement in the press.
The absence of a response to the notification does not mean that the marking of boundaries in kind is impossible. It is important to prove that the owners were properly notified of the time of the work, and then the procedure can be started without their participation.
How can lawyers from Prikhodko & Partners be useful?
Our lawyers on land issues can be extremely useful in such a complex process as demarcating the boundaries of a land plot. Their role is to provide legal support and protect your interests at all stages of the specified procedure, and to monitor the legality of the work performed by engineers.
A lawyer from Prikhodko & Partners will provide you with:
- document verification;
- proper notification of neighbors;
- participation in negotiations;
- execution of agreements on the performance of relevant work;
- protection against unfair actions in court or in pre-trial proceedings;
- consultations on further actions.
Involving the lawyers of “Prikhodko & Partners” in the process of drawing up the boundaries of a land plot in nature will add a level of legal security to your transaction. With them, you can be sure of the legality of all stages of the procedure. To find out the cost of a lawyer’s services, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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