On approval of the location of the boundaries of land owned by the state or municipal property

A letter of Ministry of Economic Development of Russia from 24.09.2015 N OG-D23-12402 “On consideration of the appeal regarding the coordination of location of the boundaries of land plot which is owned by the state or municipal property is posted in the legal system "Consultant Plus".

The letter shows that in accordance with Paragraph 3 of Article 39 of the Federal Law of July 24, 2007 № 221-FZ "On State Real Estate Cadastre" (hereinafter - the Law on Cadastre) coordination of location of the boundaries is carried out by persons with adjacent land on the right of:

1) property (except in cases where such contiguous parcels of land that are in state or municipal property, provided to citizens in lifetime inheritable possession, permanent (unlimited) use or to legal entities that are not state or local government agencies or government enterprise, in constant ( unlimited) use);

2) lifetime inheritable possession;

3) permanent (perpetual) use (except in cases where such contiguous parcels of land is granted to state or municipal institutions, public enterprises, public authorities and local governments in a permanent (unlimited) use);

4) lease (if the adjacent land owned by the state or municipal property and the corresponding lease agreement concluded for a period of more than five years).

Considering that paragraph 1 of Part 3 of Article 39 of the Law on Cadastre is case of land rent for a period of more than five years is not listed as an exception, according to the Department of the real estate opinion, if the adjacent land is owned by the state or municipal property, it granted the right to lease and related lease and agreement concluded for a period of more than five years, matching the location of the boundaries carried out both by the owner of such land plot by right of ownership, and a person with such a plot of land on a leasehold basis.

Additionally  in accordance with Paragraph 13 of Article 27 of the Law on Cadastre decision to refuse the implementation of state cadastral registration can be appealed in court by the applicant or his representative, as well as the cadastral engineer who prepared the survey plans, technical plan, certificate of inspection provided for the cadastral registration.