Cadastral error: definition. How to fix a cadastral error?

Cadastral errors lead to the appearance of incorrect and inaccurate information in the state register. This can lead to various difficulties in the future. The correction of the cadastral error is performed depending on the cause and nature of the inaccuracy. It is necessary to carry out this procedure, in order to continue the transactions without complications.

The concept of

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

• Technical;
• Cadastral.

The definition of a cadastral error is indicated in Federal Law No. 218 "On State Registration of Real Estate", which began to operate from 2.01.2017. This is inaccurate information identified by a specialist. But in comparison with a technical error the cadastral appears not through the fault of the employee, but because of the presence of inaccuracies in the documentation provided for registration. The essence of the cadastral error boils down to the fact that the documentation for real estate will indicate inaccurate information that needs to be corrected.

Usually they are allowed by engineers preparing official papers for the implementation of land registration, or state agencies that incorrectly identified the scheme of location, category of the site, draft boundaries, address. Errors occur because of inaccurate measurement of angles, area calculations, coordinate parameters.

Causes

The cadastral error appears for the following reasons:

1. Engineers use old equipment and carry out surveying in conventional or local coordinate systems without taking into account national regulations.
2. The specialist does not leave for the area, indicating the approximate parameters in the plan. To justify the information, cartographic materials and information on adjacent land plots that are registered with the state register are used.
3. Not all employees have sufficient qualifications to perform the job: equipment preparation and processing of indicators.
4. Not all activities are conducted carefully.

For these reasons, there may be miscalculations in calculations and inaccuracies. All this is recorded in the documentation. Errors are allowed by municipal authorities during inventory work, preparation of draft land boundaries for cadastral activities. All kinds of inaccuracies must be corrected, so that in the future there were no problems with the disposal and ownership of the property.

Technical error correction

Such inaccuracies are corrected by cadastral bodies' employees. For this, archival information will be required, according to which the coordinates are checked according to the information recorded in the cadastral passport. Technical inaccuracies are removed by the decision of the cadastral registration body, issued if they are available. Initiate the procedure may be other persons who must apply. It is also carried out by a court decision.

If there are technical errors, it is not necessary to go to court. Employees Rosreestra, who are reporting, will check and eliminate inaccuracies. Only in exceptional cases, when cadastral institutions refuse to carry out a correction, an interested person can apply to the court. Technical inaccuracies are eliminated in the period of 5 days after detection. At the same time, the refusal of correction is formalized.

Correction of cadastral inaccuracies

The cadastral error is eliminated according to the norms specified in the law. If the primary source of identifying inaccuracies was a land survey plan, they are eliminated by means of information interaction or by a judicial decision that indicates the need for an adjustment.

So, how to fix a cadastral error? There are 2 options for action:

• Administrative path;
• Judicial decision of the issue.

Each owner can notify about inaccuracy. To do this, he must personally contact the state treasury or via the Internet, by sending an application with the help of the State Service.

If incorrect information is detected by the inventory body, a decision is made to correct it. The decision includes the date of detection, description with justification. The documentation of the state program also indicates the need to correct the information. Recognition of a cadastral error occurs by reconciling data in the documentation. Then, the cadastral registration organization sends the decision to the 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 order

Often, the cadastral error is associated with the discrepancy between the boundaries of the land plot and the parameters fixed during surveying. Usually this is revealed during the same procedure of neighboring land ownership. The cadastral specialist who is making the land survey plan gets the coordinates of the boundaries, and then finds out that there is a discrepancy in the data. If a cadastral error is detected, what should I do in this case? Usually in such situations, the engineer refers to the rightholder to correct errors.

The rightholder, in whose boundary-line plan there are inaccurate data, can apply to a land management company that has committed inaccuracies. If her employees refuse to correct the information, you can go to court. Based on a letter from the Ministry of Economic Development from 2009, any engineer who conducts land surveying can correct information.

The actual landmark plan is transferred to the state treasury, and on its basis the registration of the site takes place, and the borders of the neighboring territories are changed. If adjacent lands are registered after this, then the neighbors' statements are needed to correct the boundaries.

Appeal to the court

If a cadastral error is detected, the court practice shows that this way it will be possible to quickly correct inaccuracies in the documentation. The tasks of this body are evidence of the presence of incorrect information and the parties agree on the options for their removal.

Grounds for applying to court:

• The refusal of the institution that conducted cadastral registration to eliminate inaccuracies;
• Refusal of the state registry to correct the data on the application of the owner of the real estate;
• The engineer's conclusion about the detected error during the survey of the site.

In the court practice there were many cases about the need to enter reliable information. For this, a reconciliation of a number of documents is carried out. Appeal to the court is usually required in cases where the owner is refused to perform the procedure for changing the data. After adjusting the information it will be easier to enter into various real estate transactions that previously could not be executed.

Error Detection

Identification of inaccurate data occurs:

• Cadastral service;
• Owner, user;
• Other stakeholders, for example, the owner of a neighboring site.

Usually incorrect data appears during:

• Real estate registration;
• Entering data into the cadastre;
• Removal of real estate from the account;
• Obtaining a passport or an extract from the cadastre;
• Acquaintance with the tax notification of the tax;
• Appeals to the owner regarding the resolution of property issues;
• Receiving an alert from the inventory about the inaccuracy of the data.

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

Why do I need to correct errors?

Incorrect data can lead to the following consequences:

• It will not be possible to put the object on the register, make changes or withdraw from the register;
• Difficulties with registration of the property right;
• Taxes, state duties are collected in a high amount;
• 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 owner of real estate is most interested in correcting the data. Therefore, it is important for him to independently take the initiative to correct information. The cadastre can correct inaccuracies after inspections or when finding inaccurate data from any sources.

Why do owners not agree with the correction of inaccuracies?

Often there are situations when the owner of the real estate, while finding inaccurate data, does not want to correct them. This is due to the fact that such information is beneficial. For example, after reassessing the cadastral value of land cadastre, the site was assigned to the incorrect category of land. Because of this, in the calculation of cadastral value, lowered norms were introduced.

Then the tax burden for the site owner is significantly reduced. If any transactions with an object that have been found to be illegal are performed, then the owner incurs losses. For example, a house was erected on the site, after the discovery of an oversight, it turned out that the object is located on the border with the neighboring plot without retreat. A neighbor will require the elimination of errors. Therefore, in order to avoid many difficulties, it is necessary to correct the incorrect information immediately after its detection.