Cadastral errors lead to the appearance of incorrect and inaccurate information in the state registry. This can lead to various difficulties in the future. The elimination of cadastral errors is carried out depending on the cause and nature of the inaccuracy. It is necessary to carry out this procedure so that in the future transactions are carried out without difficulties.
The concept
Cadastral error is an inaccuracy in the state register of real estate. According to modern legislation, there are 2 types of errors:
The definition of a cadastral error is indicated in the Federal Law No. 218 "On State Registration of Real Estate", which began to operate on 2.01.2017. This is an unreliability of the information indicated by a specialist. But compared 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 inaccurate information that needs to be corrected will be indicated in the documentation for the property.
Usually they are allowed by engineers who prepare official papers for registering land plots, or government agencies that incorrectly indicate the location scheme, category of plot, design of borders, address. Errors appear due to inaccuracies in measuring angles, calculating area, and coordinate parameters.
Causes
Cadastral error appears for the following reasons:
- Engineers use old equipment and conduct 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 justify the information, cartographic materials and information on adjacent plots of land registered with the state registry are used.
- Not all employees have sufficient qualifications to do the job: preparing equipment and processing indicators.
- Not all activities are carried out carefully.
For these reasons, there may be miscalculations in the calculations and inaccuracies. All this is recorded in the documentation. Municipalities also make mistakes during the inventory work, preparation of draft land boundaries for cadastral activities. All types of inaccuracies must be corrected so that in the future there will be no problems with the disposal and ownership of property.
Correction of a technical error
Such inaccuracies are corrected by cadastral authorities. For this, archival information will be required, according to which the coordinates are verified according to the information recorded in the cadastral passport. Technical inaccuracies are removed by decision of the cadastral registration authority published when available. Other persons who must submit an application can initiate the procedure. It is also carried out by court order.
If there are technical errors, it is not necessary to go to court. The employees of Rosreestr, who keep records, will check and eliminate inaccuracies. Only in exceptional cases, when the cadastral offices refuse to perform the correction, the interested person can go to court. Technical inaccuracies are eliminated within 5 days after detection. At the same time, a refusal to correct is made out.
Correction of cadastral inaccuracies
Cadastral error is eliminated according to the norms specified in the law. If the primary source for identifying inaccuracies was a boundary plan, they are eliminated using information interaction or by a court decision that indicates the need for corrections.
So how to fix the cadastral error? There are 2 options:
- administrative path
- court decision.
Each owner can notify of inaccuracies. To do this, he needs to personally contact the state cadastre or via the Internet, sending an application with the help of State services.
If incorrect information is discovered by the cadastre authority, then a decision is made to correct it. The decision includes the date of identification, a description with justification. The documentation of the state cadastre also indicates the need for updating information. The recognition of a cadastral error occurs by reconciling the data in the documentation. Then, the cadastral accounting organization sends the decision to interested parties to correct the data. After 6 months, information is entered into the database of the All-Russian State Real Estate Cadastre.
Administrative order
Often, a cadastral error is associated with a mismatch of the boundaries of the land with the parameters recorded during land surveying. This is usually revealed during the same procedure of neighboring land tenure. The cadastral specialist who performs the preparation of the boundary plan receives the coordinates of the borders, and then finds out that there is a discrepancy in the data. If a cadastral error is found, what should I do in this case? Typically, in such situations, the engineer turns to the right holder to correct the errors.
The copyright holder, in the boundary plan of which there is inaccurate data, may contact the land management company that made inaccuracies. If its employees refuse to correct the information, you can go to court. On the basis of a letter from the Ministry of Economic Development and Trade from 2009, any engineer conducting land surveying can correct the information.
The actual boundary plan is transferred to the state cadastre, and on its basis the site is registered, and the borders of neighboring territories change. If adjacent lands are registered after this, then the statements of neighbors are necessary for border correction.
Going to court
If a cadastral error is discovered , judicial practice shows that in 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 to agree on options for their removal.
Grounds for going to court:
- refusal of the institution that conducted the cadastral registration to eliminate inaccuracies;
- refusal of the state cadastre to correct data on the application of the owner of the real estate;
- an engineer’s opinion about a detected error during a land survey.
In judicial practice, there have been many cases regarding the need for reliable information. For this, reconciliation of many documents is carried out. Appeal to the court is usually required in cases where the owner is denied the procedure for changing data. After adjusting the information, it will be easier to conclude various real estate transactions that previously could not be completed.
Error detection
Identification of false data occurs:
- cadastral service;
- owner, user;
- other interested parties, for example, the owner of the neighboring plot.
Usually incorrect data appears during:
- registration of real estate;
- entering data into the inventory;
- deregistration of real estate;
- obtaining a passport or extract from the inventory;
- familiarization with the tax tax notice;
- appeals to the owner regarding the resolution of property issues;
- Receive alerts from the inventory about inaccurate data.
There are situations when the owner of a neighboring territory performs 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 facilities must complete the survey and establish the parameters of the site according to new standards.
Why do I need to fix errors?
Incorrect data can lead to the following consequences:
- it will not work to register the object, make changes or remove it from the register;
- difficulties with registration of property rights to an object;
- taxes, state duties are charged in a high amount;
- restrictions on the use of real estate;
- difficulties in issuing loans, allowances, 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 regarding the adjustment of information. The cadastre can correct inaccuracies after checks or when finding inaccurate data from any sources.
Why do the owners disagree with the correction of inaccuracies?
Often there are situations when the owner of the real estate when finding inaccurate data does not want to correct them. This is due to the fact that such information is beneficial. For example, after revaluation of the cadastral value of land by the cadastre, the site was assigned to the wrong category of land. Because of this, underestimated rates were added to the calculation of cadastral value.
Then the tax burden for the owner of the site is significantly reduced. If any transactions with an object that were deemed illegal are completed, the owner incurs losses. For example, a house was erected on the site, after detecting a mistake it turned out that the object is located on the border with the neighboring site without a retreat. And the neighbor will demand the elimination of errors. Therefore, to avoid many difficulties, it is necessary to correct incorrect information immediately after its discovery.