Changes in the law to correct cadastral errors. What is an error in a cadastral passport, how to correct a technical and cadastral error. How to correct an engineer's cadastral error

You will need

- statement or court order;
- certificate of ownership of the plot;
- passport;
- repeated surveying;
- new technical documents;
- protocol.

Instructions

If you discover an error on your own, apply to the cadastral registration authority or submit a court order. A court order is required if the demarcated boundaries are considered incorrect by the owners of the adjacent ones and you cannot come to a common agreement. If discovered by an official, you must be notified and re-surveyed within 5 working days from the moment the error was discovered.

If an error is detected, the authorized, responsible person is obliged to draw up a protocol. The protocol includes the date of discovery of the error, the basis for its correction, and the date of land surveying and registration of the cadastral passport. If the error was made by incorrectly entering information into the cadastral passport, and the correct entry was made in the technical documents issued by the cadastral engineer, then repeated land surveying is not carried out. In this case, after drawing up the protocol, corrections are made to the cadastral passport by a technical employee of the cadastral registration authority.

If an error is made in the technical documents or in the plan, then a cadastral engineer is obliged to go to the site and carry out repeated technical work at his own expense. You don't need to pay anything again.

If your neighbors with whom the land plot borders believe that the boundaries were marked incorrectly, then they are obliged to go to court. Only after a court decision has been made, contact the cadastral center, write an application to call a cadastral engineer, he will carry out a repeat survey at your expense. Since incorrectly marked boundaries are not a mistake of the authorized bodies. Very often, situations occur when a plot of land is sold, an act of coordination of boundaries was drawn up with the previous owners, and the new owners discovered that the boundaries were divided incorrectly, which infringes on their rights. Therefore, it is necessary to determine boundaries in court and repeat land surveying, after which all data in cadastral documents must be corrected.

note

What to do if you find a technical error in the cadastral passport of a land plot, for example, when indicating the address? Technical errors made during the maintenance of the cadastre are divided into two groups. The first is errors, the correction of which cannot cause harm or violate the legitimate interests of land rights holders or third parties.

Helpful advice

Thus, a technical error in indicating the address made when drawing up a cadastral passport of a real estate property is subject to correction by the cadastral registration authority on the basis of the decision of the cadastral registration authority to correct the technical error must contain: - the date the error was discovered; - description of the error with justification for classifying the information as erroneous; - an indication of what the error correction consists of.

Sources:

Correction of cadastral errors

Tip 2: What to do if, when registering an inheritance, the area in the cadastral and technical passports does not match

When registering an inheritance or registering a real estate purchase and sale transaction, appropriate real estate documents are required for registration. In this case, the area of the premises must be the same in all documents. However, in practice this does not always happen. This situation, unfortunately, sometimes happens. What to do?

Instructions

First of all, you need to understand that the cadastral passport indicates the area without balconies and loggias (LC RF)
In technical terms - the entire room, each individually and without balconies and loggias.
A cadastral passport is prepared on the basis of a technical passport and measurements by BTI specialists.

If there is still a discrepancy, then this may be a technical error. It is necessary to contact the authority that issued the technical passport for the apartment; it is possible that at the time the documents were issued there were some standards for recording the area, which were included in the Technical passport, and then they changed, and other data appeared in the cadastral passport.

Also, one of the options for solving this problem is to contact the Cadastral Chamber with a question about the discrepancy, and then to the BTI - if it is just a technical error, then they are obliged to correct it.

It is possible that you may need to re-measure the premises, that is, there must be accurate confirmation of the area, in accordance with which all documents must be reissued. But in this case, most likely, you will need to additionally pay for the service of calling a specialist.

Tip 3: How to correct errors in the cadastral passport of a real estate property in 2017

In 2017, the creation of a unified database of real estate objects was completed. Many owners, having applied for services to the territorial departments of the MFC, discovered a discrepancy between the data in their title documents for real estate and the Unified State Register of Real Estate (USRN). Due to this discrepancy, real estate owners were refused registration of the transfer of rights, registration with the state cadastral register, recording of changes, and obtaining resolutions.

The fact is that the territorial departments of the MFC do not have the ability to fully check and correct data about the property. When applying for a service to the MFC department, an employee can notify about an error, but cannot refuse to accept documents. In order to make sure that the data about the property is entered correctly, you can go to the website rosreestr.ru, enter the address of the property, registration number or cadastral number of the property into the search table and get the data available in the Unified State Register of Real Estate.

You can also order an extract from the Unified State Register of Real Estate at the territorial department of the MFC, paying a state fee of 400 rubles, and a cadastral passport of the property, the state fee will be 350 rubles. If you think that an error has been made, you need to contact the territorial department of the MFC with an application to correct the technical error and documents confirming that when entering data into the database, an error was actually made. After 5 business days, the error will be corrected and you will be able to receive documents confirming the service provided to you or the refusal. A technical error is a typo or data in the address, area and other parameters of a real estate object that does not correspond to the title and other documents of the owner on the basis of which this data was entered.

In case of refusal to recognize a technical error, it is necessary to make changes to the documents on the basis of which data on the property is transferred to the Unified State Register of Real Estate. For example, if there are discrepancies in the address of the property in the certificate of state registration of rights and the cadastral passport of the real estate property, and recognition of a technical error was refused, you should submit an application to clarify the address of the real estate property to the Department of Architecture and Urban Planning at the location of the property, through the territorial department MFC. The application must be accompanied by a cadastral passport of the property, a copy of the certificate of state registration of the right or another title document.

The owner or another person acting under a notarized power of attorney from the owner can apply. A month later, having received the Decree of the Administration of the district or city in which the real estate property is located, you must again contact the territorial department of the MFC with an application to make changes to the Unified State Register, paying 350 rubles, and also attaching the administration resolution.

As a result of the above measures, changes will be made to the cadastral passport of the real estate property, as well as in the Unified State Register of Real Estate, and at any time you will be able to request an extract from the Unified State Register of Real Estate, which will contain new data on your property. Having brought the documents into compliance, you can perform any legal actions with the property.

Sources:

How and where to obtain a cadastral passport of a real estate property?

Sometimes errors are discovered in the cadastre after a real estate assessment, which are usually a consequence of the work of cadastral engineers performed in bad faith. This is due to incorrect measurements, clarification of boundaries and other factors. However, not every person knows how to correct a cadastral engineer’s mistake.

Most often, a cadastral error occurs as a result of entering inaccurate information into the documentation that is used during registration. In this case, the cadastral engineer is not guilty. Regarding a piece of land, the boundaries, placement, rotation angles, etc. may be incorrectly indicated.

However, the cadastral engineer himself is not immune from such an error. The blame may also fall on local or state authorities who have designed the location plan incorrectly.

There is also such a thing as a technical error, for which Cadastre employees are guilty. It can be related to calculations, grammar, typos, incorrectly established cadastral value, determination of area and other factors.

Property owners have the right to demand correction of the error. It is worth noting that it often leads to quite serious consequences. They mainly appear during the execution of various legal transactions: sales, donations, leases and others. The time frame for correcting an error by the cadastral authorities depends on its type and other nuances.

If Rosreestr independently discovers an error, it is obliged to correct it as soon as possible.

The main reasons for mistakes made by cadastral engineers are as follows:

the use of old equipment, as well as carrying out land surveying without reference to the state coordinate system;
recording approximate coordinates in the cadastral plan - some engineers, when they have many orders, do not go to the specified address, but write down the coordinates approximately, trying to save their own time (in this case, area maps, data on adjacent territories, etc. are used);
Another reason for errors by cadastral engineers, which occurs quite often, is the carelessness of a specialist (as a result, incorrect measurements and, accordingly, data).

In all of the above cases, the blame lies entirely with the cadastral engineers, therefore they must be punished for their dishonesty (administrative or criminal liability is assumed, which depends on the type of shortcomings).

How to oblige a cadastral engineer to correct? It can be adjusted by cadastral workers in the following cases:

if the owner has submitted an application indicating what mistake was made and a requirement to correct it (this can be done by an authorized person who has all the supporting documents on hand);
if a cadastral error is independently discovered by the cadastral registration authorities - in this case, employees of the Cadastral Chamber are obliged to eliminate the shortcomings as soon as possible;
if the court has decided that it is necessary to eliminate the error, and this decision has already entered into force.

Information received with the owner’s application or a court decision must be verified. No more than five working days are allocated for this. If after checking it turns out that an error actually exists, it is corrected in a timely manner. Otherwise, Rosreestr refuses the demands put forward and presents appropriate arguments. Sometimes owners do not agree with the decision of the cadastre staff, so they file a lawsuit. The further decision depends on the bailiffs.

How to force a cadastral engineer to correct a mistake? This can be done through the court or out of court.

If the case to eliminate the error does not go through the court, it means that no disputes have arisen between the property owners and the cadastral services and everything is being resolved peacefully. If the matter concerns incorrectly indicated boundaries, cadastral engineers must re-visit the site and once again carry out all the necessary measurements in order to clarify the data. In addition, you should familiarize yourself with the boundary plan, and also talk with your neighbors. The fact that they agree is evidenced by their signatures, which must be collected.

There are cases when neighbors have already carried out land surveying of their own land based on erroneous data. What do you do in such situations? If the error is proven, the information regarding the location of the boundaries is canceled and the measurements are taken again. Subsequently, new data is entered into the documentation.

Unfortunately, things don't always go so smoothly. Sometimes disagreements arise between cadastre employees and owners and neighbors. How to correct the cadastral engineer's mistake in this case? When it is not possible to resolve the issue peacefully, you have to file a lawsuit in court. The defendant in this case is the cadastral services or land owners, with whom misunderstandings arose regarding the correct placement of boundaries. The plaintiff should demand proceedings only in relation to his own plot, but in no case should he act as a claimant in the interests of friends or acquaintances.

As a rule, to consider a case, bailiffs are requested to obtain boundary plans from both sides. Land management documentation may also be required, which includes a situational plan, a general plan for the area and development, etc. There is also a need to conduct a forensic land survey in order to accurately establish the causes of controversial situations. It is determined why the boundaries do not match and ways to eliminate the problem are found.

How to force a cadastral engineer to correct a mistake? When the court decision is made, Rosrestr is obliged to make changes within five working days. The cadastral engineer will be forced to re-make changes and correct errors. But this is only if the owner wins the dispute.

It is worth noting that for violation of the legislation regarding registration, not only administrative, but also criminal liability is provided.

The high qualifications of the cadastral engineer and a responsible approach to work, as well as the precise performance of their duties - all this allows you to avoid mistakes and reduce the likelihood of their occurrence to zero. But, unfortunately, it is quite difficult to distinguish a real specialist among all the company’s employees.

How to oblige a cadastral engineer to correct a cadastral error? If you are sure that there are shortcomings in the work of a specialist, you should contact the authorized bodies and write a statement. If there is an error, it will be corrected within the period established by law.

Cadastral errors lead to the appearance of incorrect and inaccurate information in the state register. This can lead to various difficulties in the future. Elimination of cadastral errors is carried out depending on the cause and nature of the inaccuracy. It is imperative to carry out this procedure so that future transactions can be carried out without complications.

Concept

A cadastral error is an inaccuracy in the state real estate register. According to modern legislation, there are 2 types of errors:

technical;
cadastral.

The definition of a cadastral error is specified in Federal Law No. 218 “On State Registration of Real Estate,” which came into force on January 2, 2017. This is the unreliability of information indicated by a specialist. But in comparison with the cadastral one, it appears not due to the fault of the employee, but due to the presence of inaccuracies in the documentation provided for registration. The essence of a cadastral error is that the documentation for the property will contain inaccurate information that needs to be corrected.

Usually they are allowed by engineers preparing official papers to carry out land registration, or by government agencies who incorrectly designated the location diagram, category of the site, draft boundaries, and address. Errors appear due to inaccuracy in measuring angles, calculating area, and coordinate parameters.

Causes

A cadastral error appears for the following reasons:

Engineers use old equipment and carry out land surveying in conventional or local coordinate systems without taking into account national rules.
The specialist does not go to the area, indicating approximate parameters in the plan. To substantiate the information, cartographic materials and information about adjacent plots of land registered in the state register are used.
Not all employees have sufficient qualifications to perform the work: preparing equipment and processing indicators.
Not all activities are carried out carefully.

For these reasons, there may be calculation errors and inaccuracies. All this is recorded in the documentation. Municipal authorities also make mistakes during inventory work and preparing draft land boundaries for cadastral activities. All types of inaccuracies must be corrected so that there are no future problems regarding the disposal and ownership of property.

Technical error correction

Such inaccuracies are corrected by cadastral authorities. This will require archival information, which will be used to verify the coordinates against the information recorded in the cadastral passport. Technical inaccuracies are removed by decision of the cadastral registration authority, issued if they exist. Other persons who must submit an application can also initiate the procedure. This is also carried out by court order.

If there are technical errors, it is not necessary to go to court. Rosreestr employees who keep records will check and eliminate inaccuracies. Only in exceptional cases, when cadastral institutions refuse to carry out the correction, can the interested person go to court. Technical inaccuracies are eliminated within 5 days after detection. At the same time, a refusal to correct is issued.

Correction of cadastral inaccuracies

A cadastral error is eliminated according to the standards specified in the law. If the primary source of identification of inaccuracies was the boundary plan, they are eliminated through information interaction or by a court decision, which indicates the need for adjustments.

So, there are 2 options:

administrative path;
judicial decision of the issue.

Each owner may notify any inaccuracies. To do this, he needs to personally contact the state cadastre or via the Internet by sending an application using State Services.

If incorrect information is detected by the cadastre authority, a decision is made to correct it. The decision includes the date of detection, description with justification. The state cadastre documentation also indicates the need to correct information. Recognition of a cadastral error occurs by reconciling the data in the documentation. Then the organization maintaining cadastral records sends the decision to interested parties to correct the data. After 6 months, the information is entered into the database of the all-Russian state real estate cadastre.

Administrative procedure

Often a cadastral error is associated with a discrepancy between the boundaries of a land plot and the parameters recorded during land surveying. This is usually revealed when carrying out the same procedure for neighboring land ownership. The cadastral specialist who draws up the boundary plan receives the coordinates of the boundaries, and then finds out that there is a discrepancy in the data. If a cadastral error is detected, what to do in this case? Typically, in such situations, the engineer contacts the copyright owner to correct the errors.

The copyright holder whose boundary plan contains inaccurate data can contact the land management company that made the inaccuracies. If its employees refuse to correct the information, you can go to court. Based on the letter from the Ministry of Economic Development of 2009, information can be corrected by any engineer conducting land surveying.

The current boundary plan is submitted to the state cadastre, and on its basis the site is registered, and the boundaries of neighboring territories change. If adjacent lands are registered after this, then statements from neighbors are required to correct the boundaries.

Going to court

If cadastral practice is discovered, it shows that in this way it will be possible to quickly correct inaccuracies in the documentation. The tasks of this body are to prove the presence of incorrect information and agree on options for its removal by the parties.

Grounds for going to court:

refusal of the institution that carried out the elimination of inaccuracies;
refusal of the state cadastre to correct data at the request of the property rights holder;
an engineer's conclusion about an error discovered during site surveying.

In judicial practice, there have been many cases regarding the need to enter reliable information. To do this, a number of documents are verified. Going to court is usually required in cases where the owner is denied the procedure for changing data. After correcting the information, it will be easier to conclude various real estate transactions that were previously impossible to complete.

Error detection

Identification of inaccurate data occurs:

cadastral service;
owner, user;
other interested parties, for example the owner of a neighboring plot.

Typically, incorrect data appears during:

registration of real estate;
entering data into the cadastre;
deregistration of real estate;
obtaining a passport or extract from the cadastre;
familiarization with the tax alert;
contacting the owner to resolve property issues;
receiving a notification from the cadastre about data inaccuracy.

There are situations when the owner of a neighboring territory carries out land surveying and registration of his property. As a result, the boundaries of the site are shifted, and therefore changes are made without notification. This happens if the land was registered before March 1, 2008 according to the old standards. Therefore, the owners of these properties need to carry out land surveying and establish site parameters according to new standards.

Why do you need to correct errors?

Incorrect data can lead to the following consequences:

it will not be possible to register the object, make changes or deregister;
difficulties with registration of property rights to an object;
taxes and state duties are levied at a high rate;
restrictions on the use of real estate;
difficulties in issuing loans, benefits, subsidies;
disputes between owners of neighboring plots;
difficulties with the disposal of real estate.

The property owner is most interested in correcting the data. Therefore, it is important for him to independently take the initiative to correct information. The cadastre may correct inaccuracies after inspections or if inaccurate data is found from any sources.

Why do the owners not agree with the correction of inaccuracies?

There are often situations when a property owner, when finding inaccurate data, does not want to correct it. This is due to the fact that such information is beneficial. For example, after revaluation it was assigned to the wrong category of land. Because of this, underestimated standards were included in the calculation of the cadastral value.

Then the tax burden for the owner of the site is noticeably reduced. If any transactions are carried out with the object that were declared illegal, the owner suffers losses. For example, a house was built on a plot of land, but after discovering an oversight, it turned out that the object is located on the border with a neighbor’s plot without retreat. And the neighbor will demand that the errors be corrected. Therefore, in order to avoid many difficulties, it is necessary to correct incorrect information immediately after it is discovered.

Relevance of the article: March 2019

Real estate accounting is a procedure necessary both for the implementation of national goals and for citizens.

All the most important characteristics of real estate are taken into account: cost, area, location.

Distortion of such information, as a rule, leads to negative results for property owners: inflated taxes, restrictions on the disposal of the property. To avoid such consequences, a set of procedures has been regulated at the federal level to identify and promptly make corrections to erroneous information.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Normative base

Information about the state accounting of real estate and, in particular, about the correction of various types of errors contained in the cadastre database can be obtained from the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as Federal Law No. 221).

A cadastral error is recognized as unreliable parameters of objects entered into the state real estate cadastre (GKN) - a register of all real estate (capital construction projects, land plots).

Such false characteristics in Article 28 of Federal Law No. 221 are divided into:

Technical errors that arose through the fault of specialists of cadastral registration authorities (CCA);
Cadastral errors entered into the State Property Committee on the basis of unreliable data contained in the documents.

The body that provides methodological support and control of activities related to the formation of reliable cadastral information is Rosreestr.

Technical errors

Technical errors arise when transferring information from documents provided for cadastral registration to the electronic register.

This includes typos, computational errors, and incorrect conversion of individual object parameters from electronic documents.

Identified technical errors in cadastral information are corrected:

Independently by specialists of the cadastral chamber;
According to statements from interested parties.

Application Form

The application form was approved by order of the Ministry of Economic Development dated April 13, 2009 No. 125.

In the document, the applicant indicates the type of property with erroneous characteristics (room, plot of land, unfinished construction) and its cadastral number.

The name of the object parameter in which the error was made;
False information included in the State Tax Code;
Reliable information.

Information about the applicant that must also be included in the application includes:

Last name, first name and patronymic;
Details of a passport or other document;
SNILS number;
Residence address;
E-mail address;
Contact phone number.

We invite you to download a sample application for correction of a technical error in the state real estate cadastre: Download the form.

If the application is submitted through a representative, then information about such person is entered in a special section.

A document with true information is attached to the application. The details of such a document (date, number, name of the issuing authority) are also recorded in the corresponding section of the form.

An application with the necessary attachments is submitted by the applicant or an authorized representative:

Directly to the cadastral chamber office;
At the MFC;
By mail (must be certified by a notary);
Via the Internet on the Rosreestr portal (an electronic digital signature is required).

Making changes to the cadastral passport

The government agency has 5 working days to correct the error.

The beginning of the period is counted from the moment of discovery of contradictions in the register by the authority or from the moment of receipt of the application of the interested person.

The law provides for the following options for the outcome of considering an application to correct a technical error:

The institution may refuse to correct the error. In this situation, the citizen who submitted the application is sent by mail or electronically (the method is chosen by the applicant at the stage of filing the application) a decision to refuse to correct a technical error in the State Tax Code information. Such a decision must indicate the reasons for rejecting the application. The applicant has the right to appeal the refusal of the cadastral chamber through a lawsuit. A court decision made in favor of the applicant is the basis for the government agency to correct the technical error.
If the technical error is corrected, then within the prescribed period the applicant is issued a cadastral passport containing reliable information.

It should be noted that the most common reasons for refusal to resolve a technical error are:

The error is not technical;
The authority did not identify any contradictions between the information contained in the documents and in the State Control Committee database;
The supporting documents attached to the application do not contain the information necessary for entering into the register.

If the institution independently identifies and corrects a technical error, the copyright holder will also not remain in the dark.

The decision to eliminate the identified inaccuracies, containing the date the error was identified, its description and the result of the correction, together with a copy of the new cadastral passport, is sent to the owner of the real estate.

Cadastral errors

It is much more difficult to correct cadastral errors, since incorrect information was entered into the State Property Committee database from documents prepared by other bodies and persons.

The list of documents on the basis of which the State Tax Code is formed is determined by Article 22 of Federal Law No. 221.

Among them:

Boundary (for land) and technical (for capital construction projects) plans;
Permission to commission a property;
Information about assigning an address to a property;
Title documents;
Documents establishing that the site belongs to a certain category, determining the type of permitted use;
Documents containing information about the purpose of a room or building.

If you want to find out if there is an error in the receipt - how to check whether utility bills are calculated correctly, we advise you to read.

How to fix?

Correction of cadastral errors is carried out in accordance with the procedure developed for cadastral recording of changes in individual parameters of a property.

The applicant must provide the cadastral registration authority with:

Application for correction of cadastral error;
A new document containing reliable information.

The procedure for completing and submitting an application is practically no different from the procedure provided for eliminating technical errors.

If a new document, on the basis of which it is necessary to make changes to the State Property Code, cannot be drawn up, or a dispute has arisen about the boundaries of the land plot, then the problem can only be resolved in court.

The procedure for making changes to the application takes up to 10 working days.

Based on the results of checking and making changes to the information of the State Property Committee, the applicant is sent a cadastral extract containing updated information.

The cadastral registration authority can identify a cadastral error on its own.

In this case, a decision on the need to eliminate the detected contradictions is sent to the copyright holder, interested parties and government agencies.

This document states:

When an error is detected;
The essence of the contradictions;
Justification for unreliability;
Information about the measures that a person must take to enter the true characteristics of the property into the State Property Tax Register.

If a cadastral error consists of an erroneous identification of the boundaries of a land plot, and the owner of such an object does not take action to eliminate it within six months, then the cadastral chamber has the right to independently make the required amendments to the State Property Code, notifying the copyright holder.

The CMO (cadastral registration authority) has the right to apply such a procedure when the change in the area of the disputed plot as a result of such actions does not exceed 5%. The institution's decision can only be challenged in court.

Conclusion of a cadastral engineer to correct a cadastral error

Most of the documents included in the list of documents required for registration by cadastral authorities are prepared by cadastral engineers.

The most frequent and serious mistakes are related to the formation of the configuration of land plots. As a result of poor quality work of such specialists, the lines of adjacent sections may intersect and overlap each other.

Eliminating such contradictions and clearly establishing the location of the site is impossible without re-engaging the cadastral engineer, who is authorized to draw up an updated boundary plan, including a conclusion about the cadastral error that has arisen and a new act of approval of boundaries.

If the owners of neighboring properties refuse to coordinate the boundaries of land plots, then, in accordance with Article 64 of the Land Code, the issue is considered by the judicial authorities.

From January 1, cadastral registration and state registration of rights will be combined into one system - a unified state register of real estate. We invite you to watch the video.

Errors may be found in the information contained in the State Real Estate Cadastre (GKN), that is, discrepancies between the information entered in (GKN) and the actual characteristics of the property. They can be cadastral and technical.

Cadastral error in information arises due to erroneous data specified in the documents on the basis of which the property was based or changes were made to the information about it in the State Property Committee. Thus, such an error does not depend on the actions of the cadastral registration authority. For a land plot, this may include incorrectly indicated boundaries, rotation angles, location, etc.

Such inaccuracy may be caused by a cadastral engineer performing cadastral work in relation to a specific land plot, as well as by state or local authorities who have incorrectly prepared the plot location diagram. It may also be contained in a court decision that has already entered into legal force.

Establishing a cadastral error is the sole responsibility of Rosreestr and its bodies.

Technical error in information is considered to be an error made through the fault of employees of the cadastral registration authority. This could be an error in arithmetic calculations, a typo, a grammatical error, an incorrectly determined specific and total cost of a land plot, land area, etc.

Depending on whether the error is categorized as technical or cadastral, the necessary procedures and timing for its correction may vary.

Since errors can lead to serious consequences for the owner of the property (inability to buy or sell a plot of land or other real estate, disputes with neighbors over the boundaries of plots, an incorrectly defined base for calculating land tax, etc.), they should be eliminated as as quickly as possible.

Technical error correction

The basis for correction may be:

an application submitted to the cadastral registration authority (Rosreestr) by the owner of the property or a person legally representing his interests, to which documents confirming the presence of the error and its description are attached;
the decision of the cadastral registration body in the event of its own identification of a technical error - to eliminate it;
a court decision to correct an error that has entered into legal force.

Within up to 5 working days from the date of receipt of the application or the corresponding court decision by the Rosreestr body, the information received must be verified. Based on this, it is either corrected, or a decision is made to refuse to make changes to the Civil Code with justification for the reasons. Such a decision, if necessary, can be challenged in court.

Correction of cadastral error

Can be fixed:

in the manner established for accounting for changes in a certain group of real estate (based on documents submitted by the applicant based on the requirements of Article 22 of the Federal Law “On the State Property Committee”), the period for correction is up to 18 calendar days;
in the order of information interaction (based on documents received by the Rosreestr body in the order of information interaction), the correction period is up to 30 working days;
based on a court decision regarding the correction of a cadastral error, which has entered into legal force.

Decision to correct a technical and cadastral error

The main requirements and details of such a solution are given in the table:

Errors	Technical	Cadastral
Deadline for making a decision	Up to 5 working days	Up to 30 working days - in the order of information interaction, up to 18 calendar days - in the order of accounting for changes
Required details:	Date the error was discovered. Description of the error. Qualification (nature) of the error and its justification. Indicating the actions required for correction
Deadline for sending a decision	No later than the next working day after the date of the decision
To whom it is sent	The owner (copyright holder) of the property	To interested persons or relevant authorities to correct the error

Elimination procedure

There are two ways to eliminate cadastral errors: out of court and in court.

Extrajudicial procedure correction is possible in the absence of disputes and disagreements between the applicant and the Rosreestr body, as well as between the applicant and the owners of neighboring plots, or if these disputes are resolved before the court. When crossing the boundaries of two or more land plots, in which, in particular, it is possible to compare the previous (erroneous) and new location of the land plot, it is advisable to coordinate the boundary plan with all neighbors and obtain their signatures.

If one of the neighbors has already completed and entered the received data into the State Property Committee, which later turned out to be erroneous, then, in the absence of disputes between neighbors, an option can be used that provides for the cancellation of data on the boundaries of the land plot in the State Property Committee and re-landmarking. But such actions are only possible subject to state registration for this property, or when the owner has not registered the land plot after two years from the date of registration of the plot in the cadastral register.

Judicial order is used when disagreements cannot be resolved in any other way. To do this, the interested person (the owner or his representative) draws up and submits statement of claim to the court at the location of the land plot. The defendant in such a claim can be either the owner of a neighboring land plot, with whom there are disagreements regarding boundaries or their imposition, or the cadastral registration authority. In any case, the purpose of the claim will be to demand amendments to the State Property Code regarding changes in the boundaries of the land plot. The claims must relate only to changes in the boundaries of the plaintiff’s land plot.

In order to clarify the correct location of the boundaries of the disputed land plots, the court must request boundary plans of both plots, as well as, if necessary, other land management documentation (general plan of the area, situational development plan, etc.). It is also necessary to conduct a forensic land survey to determine the reason for the overlap or mismatch of boundaries and determine ways to eliminate it.

Based on the court decision, the Rosreestr body must make appropriate changes to the State Property Committee within 5 working days.

A repeated cadastral error regarding the same boundary cannot be eliminated.

The legislation of the Russian Federation provides for both administrative and criminal liability in relation to officials who violated the legislation on cadastral activities and the procedure for maintaining and recording information contained in the State Property Committee.