Correction of cadastral errors is not a very frequent phenomenon, but it occurs. Often it is necessary to resolve this issue through the court. For example, the most common case is an incorrect cadastral value. Accordingly, you have to file a lawsuit and prove a mistake. But how to correct the information in the inventory through the court? What is required for this? What features should a citizen pay attention to? Understanding all this is not as difficult as it seems. Yes, and going to court is not a very complicated process. The main thing is to know in advance all the nuances of this action.
Error Definition
First of all, you need to find out what kind of mistake is in question. Does the situation under study have any specific definition? Fortunately, it is available.
Cadastral error is a mistake reproduced in a cadastral document, on the basis of which real estate information was entered in the cadastral register. What does it mean?
Everything is very simple. An error is recognized as cadastral if it occurred due to the data provided to Rosreestr. That is, when it was already displayed in the property information.
Correcting cadastral errors is not such a difficult matter. Especially if you are properly prepared for the process. A citizen cannot make a cadastral mistake. But local governments - easily.
Whom to complain about
Many people think about whom to complain in case of a cadastral error. More precisely, on which particular authorities to sue. There are several solutions to the problem. Among them are:
- lawsuit against the authority that made a mistake in providing information about real estate;
- filing an application with the Rosreestr.
Usually manages to do without litigation. But it also happens that, for one reason or another, citizens are denied changes to the cadastral passport. Accordingly, then the dispute cannot be resolved peacefully. And it is necessary to carry out the correction of the cadastral error in the courts.
Who is best sued? Many indicate that it all depends on the situation. If Rosreestr has not refused a correction, it is not worth rushing with a court appeal. And as soon as the citizen received a written refusal, it is better to complain to the cadastral chamber. After all, the authorities issuing certain documents can only issue papers with modified data. But if Rosreestr refused to change the data, only going to court to this service will help.
Grounds
What can be the grounds for correcting a cadastral error? There are not many options as it seems. In general, there are several reasons why you can make changes to the inventory. Just they serve as the basis for the correction of any errors:
- Statement of the owner submitted to Rosreestr with a request for changes. A good way to resolve the issue peacefully.
- Independent decision of the relevant authorities. A rare phenomenon that practically does not occur in practice.
- The court decision issued after the citizen appealed with documents confirming erroneous data in the cadastral passport.
Correction of cadastral and technical errors in the passport of real estate, most often they try to conduct without a court hearing. But just not always it turns out. The following may serve as grounds for going to court:
- documents indicating the refusal of the cadastral chamber to register real estate due to errors;
- Rosreestr’s written refusals to amend documents in which certain errors were revealed;
- the presence of any certificates confirming errors in the cadastre and inaction of the cadastral chamber.
It is necessary to prepare for going to court. It’s just that no one will satisfy the lawsuit. What can be done before correcting a cadastral (or technical) error in court?
Expertise
The first step is to conduct an independent examination. She will have to confirm the presence of certain errors in the cadastral passport, as well as display new, correct data.
Correction of cadastral errors in the location of the land will help engineers. It is required to carry out geodetic works and land surveying. In the course of them, information will be obtained that will be useful in court. Namely, new, correct data.
You can also call an appraiser who can assess the real cadastral value of real estate. This is necessary in order to prove the wrong prices in the passport of the apartment or land.
Only after an independent examination does it make sense to go to court. Otherwise, it will not be possible to prove their case. So, the lawsuit will not be satisfied. Therefore, you will have to prepare for the court hearing.
Appeal to Rosreestr
Further, if correction of the cadastral error in the location of the site or any other data is required, the citizen must contact the cadastral chamber or the Federal Registration Service without fail. There he brings:
- passport;
- real estate cadastral passport with errors;
- documents that corroborate erroneous data and indicate new information;
- application of the established form for modification;
- receipt of payment of state duty (in the amount of 350 rubles).
Within a month, the Rosreestr must replace the data. Or, a citizen will receive a written notice refusing to make changes. This will allow him to go to court.
Recently, the correction of cadastral errors in the relevant passports is a commonplace. You can also contact the judicial authorities when the Federal Service for State Registration does not take any actions at all. Upon submission of the application, the citizen will be issued a receipt stating the processing time of the application. If the cadastral chamber is silent, you can indicate not only the correction of errors in the cadastre in a lawsuit, but also the inaction of the relevant authorities.
The timing
The next important point is the time frame for contacting the appropriate authorities. The thing is that it is far from always possible to go to court. Therefore, you have to worry in advance about meeting the deadlines established by law.
The limitation period for the documents is 3 years. It is advisable to keep within this period. Better yet, immediately after the discovery of a cadastral error. The faster the better.
Correction of cadastral errors also have their limitations. 30 days are usually allotted for making changes on the application, if it is a technical error in the inventory - 5 days. The execution of the judgment is given a month.
Accordingly, the faster a citizen goes to court, the better. The statement of claim should be considered no more than 5 days from the date of receipt thereof. But the question of the appointment of the hearing may be delayed. The court itself appoints the day of the proceedings.
Collection of documents
Judicial correction of a cadastral error is not so rare. And for him, as already mentioned, it will be necessary to prepare to one degree or another. The main problem is the collection of all necessary documents. After all, only if they are available will the application be considered by the court. What is useful to the owner of the premises or real estate? What documents should he bring? In order to file a claim for the correction of a cadastral error in the location of the plot or any other moment, you should:
- identity card (passport);
- documents of ownership of a property;
- cadastral passport with errors;
- Documents indicating the presence of errors, as well as new information;
- refusal to correct cadastral errors from the relevant authorities;
- an extract that was given when applying to the Rosreestr (need for inaction of the body).
It would seem nothing special. But in fact, the main problem is getting new data. More precisely, it is difficult to prove errors of various types and appeal them. If all the evidence is available, you can not worry - the court will certainly take the side of the plaintiff. What does judicial practice show? Correction of a cadastral error is a process that is rarely satisfied in favor of the defendant. Most often, the relevant authorities force changes to cadastral passports.
Court hearing
What is going on in court? Everything is very simple - the relevant authorities will study all the documents submitted. And if at the meeting it turns out that the original cadastral passport really made mistakes, the cadastral chamber will be forced to make changes in accordance with reality.
The cadastral error correction period, as already mentioned, is 30 days. Accordingly, it is at such a time that information is changed in the Rosreestr. The countdown will begin from the moment the judgment is issued.
It so happens that the court takes the side of the defendant. These are very rare situations. Then the cadastral passport is valid, no replacements are made. But the plaintiff can file a counterclaim - for compensation for moral damage. But this is also far from the most frequent practice.
Rules for writing a lawsuit
Correcting a cadastral error in the location of the plot or any other information about the property is not so difficult. Many are interested in how to file a lawsuit. When all the documents are collected, you will have to make a statement on a certain principle. And then take the full package of papers to a civil court. You must contact the authority at the location of the property that caused the dispute.
What information should be displayed in the lawsuit? Much depends on the situation. That is, from what information exactly needs to be changed. Thus, in a lawsuit they usually write:
- name of the authority to which the plaintiff applies;
- personal data and contacts of the applicant;
- information about the property;
- data about engineers who made mistakes (for example, when determining the location of a site);
- new information to be entered (with confirmation).
All this is recorded in a lawsuit, then filed with the appropriate court. But how to write a statement of claim on the correction of a cadastral error? A sample of this document cannot be called template. But one example will help draw up the correct appeal to the court.
Sample
How to file a lawsuit in court regarding the correction of data in the cadastral passport? This is not so difficult to do. The main thing is to have cadastral data, as well as real estate information. Then it will be much easier to correct the cadastral error in court. Practice shows that a wrong suit is the basis for refusing changes. Therefore, you should correctly compose a statement. It may look like this:
An application for the recognition of information entered into the cadastral passport of real estate invalid and for amendments to it in accordance with real data.
I, Ivanov Ivan Ivanovich, who was born on August 15, 1965, the owner of a land plot located at the following address: Moscow Region, Petrishcheva Village, ul. Khmelnitsky 15, I ask you to amend the cadastral passport of the land in connection with incorrect location information and incorrect cadastral value.
On May 20, 2001, the cadastral engineer Petrov, Vasily Petrovich, carried out a survey and geodetic work on my site. He provided a drawing of the property, which indicates the incorrect location of the site. On May 22 of the same year, my property was assessed. It turned out to be significantly higher than in reality.
By me, Ivanov Ivan Ivanovich, on July 8, 2001, conducted an independent examination. She showed that the cadastral value was really overstated, and the drawing was made with an error. The results of the work of the experts are attached to this lawsuit.
On August 20, 2001, I contacted the Rosreestr to make changes in accordance with the data obtained as a result of an independent examination. They refused me. A written refusal to amend is attached.
Based on the foregoing, I ask for the correction of cadastral errors and technical inaccuracies in court. I attach the original cadastral passport to this statement of claim.
After the trial
So, the judgment is behind. What's next? Immediately after the relevant decision is made, the plaintiff must again engage in paperwork. Correction of cadastral errors is possible after repeated appeal to Rosreestr. You will need to bring identification documents and a court decision.
Further, as already mentioned, the cadastral chamber will have to make changes to the passport of real estate and issue it to the owner. All this is given 30 days. And if we are talking about a technical error - 5 days. Failure will no longer take place.
That's all. The trial has been fully completed. On average, it takes about six months. Therefore, one should not think that it is possible to rectify the data of the cadastral passport in court as soon as possible.