Correction of a cadastral error in information

Correction of a cadastral error is a process that the population is increasingly interested in. Filling in documents is an especially important process. Only no one is immune from inaccuracies and the assumption of errors during the manufacture of these. Therefore, in some cases, it is necessary to deal with changing the papers with invalid information. In Russia, there are several options for the development of events. And about all the ways of correcting mistakes made in the cadastral passport of real estate, it is necessary to learn further. In fact, everything is not as difficult as it seems. The main thing - to properly prepare.

Defining an error

Before correcting a cadastral error, one should fully understand what is at stake. After all, the inaccuracies in the cadastral passport may be different.

In general, this mistake is considered to be incorrect, false data that was entered in the Rosreestr based on the submitted documents. But that is not all. There are also technical cadastral errors. These are inaccuracies made at the time of entering information in the Rosreestr.

Grounds

Correction of the cadastral error in the information of the relevant property passport can be carried out in several ways. But first of all, it is worthwhile to understand what grounds give a citizen the right to appeal to certain instances.

And there are not so many of them as it seems. Among all the available grounds in Russia for making changes to the cadastre passport are:

• A court judgment issued after the meeting;
• An independent decision of the Rosreestr or the registration chamber when there are inaccuracies;
• Application of the citizen - the owner of real estate.

There are no other grounds. Third parties have no right to apply to these or those bodies for making changes in the cadastral passport of real estate. This is possible only if there is a power of attorney on behalf of the owner.

Options for the settlement of disputes

Correction of an error in the cadastral passport can occur in several ways. The thing is that certain grounds will be taken into account when deciding the question posed. At the moment, you can use the dispute settlement:

• Through voluntary treatment (pre-trial proceedings);
• Filing a suit to amend the cadastral passport of the real estate.

The first option is in great demand. Pre-judicial settlement of issues related to errors in the cadastral passport - this is the simplest and right decision. To implement such an idea into life is easier than it seems. In addition, such a technique will reduce the time taken to resolve the dispute.

Timing for changes

There are generally established deadlines in which the Rosreestr should correct the cadastral error and, of course, produce new documentation for a particular property. It does not matter which way of settling the dispute is chosen. It all depends on the type of inaccuracy found.

Correction of a technical error in cadastral information should occur no later than 5 days after the court makes a decision on the need to modify the document. Either from the moment the citizen filed an application for changing the information available in the state cadastre.

But that is not all. Correction of the cadastral error in the information requires a longer period of time. Such changes occur, as a rule, within 30 days of receipt of the application, self-detection of inaccuracies or the adoption of an appropriate decision by the judicial authorities.

Where to go

The next important question: where to communicate, if you want to correct errors in the cadastral passport? This topic interests many citizens. Of course, everything depends on the situation. For example, if it is a question of Rosreestr's independent work, the citizen does not need to go anywhere. The service itself will do everything. Maximum - will notify property owners about the need to replace the cadastral passport.

If the citizen decided to correct the cadastral error in the pre-trial order, you can apply to multifunctional centers. There are now taking appropriate statements. It is also possible to visit the registration cadastral chamber or Rosreestr. Here, everyone chooses the organization to which to come with the request. It should be noted at the same time that the fastest running Rosreestr. But the appeal to the MFC will require additional expectations from citizens.

It is worth paying attention to the judicial settlement of the task. Citizens must apply to the district court at the location of the property listed in the cadastral passport. There is no other option. Only in the district court can you apply with the appropriate complaint.

Pre-trial proceedings

So, you need to pay attention to the most common situation first. This is a pre-trial investigation of the task. Correction of a technical error in cadastral information, as well as cadastral inaccuracies, as already mentioned, is conducted in Rosreestr. Accordingly, it is to this service that a citizen must come. You can apply to other authorities mentioned earlier. The difference is not significant.

The citizen must bring a statement on correction of the cadastral error. It is usually written in advance. And this document is required to attach:

• Cadastral passport;
• The identity card of the citizen;
• Documents confirming ownership rights;
• Statements that can confirm the fact of an error, and also emphasize new information.

All the documents listed above need to be accompanied by copies. If there are several owners, it is recommended to co-operate and jointly submit an application for making changes. In this case, you will have to attach passports and certificates of ownership of all property owners.

Preparation for court

Far not always it turns out to solve the set task without special problems. Sometimes it is necessary to correct the cadastral error in court. The boundary plan was drawn up incorrectly or some other inaccuracy was found out - it is not important, the main thing is that if Rosreestr is not working or refusing to make adjustments, a statement of claim must be submitted.

But for this, the citizen will have to prepare. How exactly? It is recommended that you contact a special evaluation organization. They will conduct an independent examination, which will help to identify and confirm the presence of errors in the cadastral passport. Also, based on the results of the research, it will be clear what data should be entered in the real estate document.

Without proof of its correctness, it makes no sense to draw up a statement of claim for correcting a cadastral error. It will not be satisfied. It is recommended to survey the site, as well as geodetic and evaluation work. All the certificates and conclusions to collect. They will come in handy later.

Terms of application to the court

But this is not all the information that is necessary to apply to the court. The fact is that not always citizens have such an opportunity. The preparation of the complaint is allotted by law only 1 year. For 12 months from the moment of revealing of inaccuracy it is possible to file an action for making changes in the cadastral passport of real estate. The countdown may begin or when the owner has learned about the error, or from the moment of receiving a written refusal from Rosreestr to the statement left earlier. If the organization is inactive, the countdown begins one month after the initial visit.

Only after the person is convinced that he has a chance to file a lawsuit, you can try in court to correct the cadastral error in the information of Rosreestra. The main thing is that the claim should be filed no later than one year after the inaccuracy was revealed. But the meeting is appointed by the appropriate authority depending on the specific situation. Usually the answer to the claim comes within 5 days.

Documents for applying to the court

What will be required in order to solve the task already in court? First of all, it should be noted that you can go to court only after trying to solve the issue before the court. Quite often, simply by means of a statement left in Rosreestr, the possibility of changing the cadastre passport is provided.

If, however, the issue was not solved peacefully, then it would be necessary to correct the cadastral error in court. The conclusion of the court will serve as the basis, which will force the authorities to edit the passport of the real estate. But what will it take from the owner to review the case in court? It all depends on the situation. And the approximate list of documents is as follows:

• "Claim" on the correction of the cadastral error with a detailed description of the shortcomings;
• Identity card of the applicant;
• A receipt for payment of the state duty for the claim;
• Response from Rosreestr or registration chamber (if any);
• Documents that confirm the rights to real estate;
• The results of examinations (land surveying plan, valuation and so on);
• Cadastral passport.

The most problematic is precisely the proof of one's rightness. If this can be done, the claim for correcting the cadastral error will be satisfied. After the meeting, the citizen will be given a court decision (writ of execution), which will be useful in the future.

After the trial

As soon as the issue of settlement of the question is settled in the judicial bodies, one more small action will have to be taken. For him it is again necessary to apply to Rosreestr and write an application for making changes to the cadastral passport. For this you will have to present:

• The passport of the citizen of the Russian Federation;
• Judicial writ of execution;
• Documents on property;
• Results of examinations.

Nothing more is needed. After 5 or 30 days (depending on the nature of the defect), it will be possible to collect the cadastral passport and documents for real estate, presenting an identity card.

Sample of claim

Some are interested in how to properly formulate an application for correcting a cadastral error. The sample below is just a template. In general, it is recommended to describe in detail the situation with the indication of all dates and information. But in general, the claim may look like this:

A statement of claim for amendments to the cadastral passport of the real estate.

I, Ivanov Ivan Ivanovich, (passport data), I ask to make changes in the cadastral passport on the basis of inaccuracies revealed by me. According to the results of an independent examination in 2002, an engineer (data on a citizen) making up a survey plan made a mistake. Also in March 2003, based on the results of the assessment, a mistake in the cadastral value of land and houses was found at the address: St. Petersburg, ul. Dimitrova, house 3.

In April of the same year, I, Ivanov Ivan Ivanovich, appealed to the registration chamber for a pre-trial settlement of the issue, which was refused. All documents are attached to this claim.

I ask that, on the basis of the independent expertise carried out, to make changes to the cadastral passport.