Maintaining documentation on land allotment accounting requires attention both from cadastral service employees and from owners (employers). Indeed, the correction of a registry error is a very troublesome business, often involving lengthy judicial proceedings between neighbors. However, unfortunately, such mistakes on the part of specialists are made quite often. How to be in this case? How to properly draw up a statement on the correction of a registry error and on further actions this article will tell. Adhering to the advice and recommendations of specialists, you can minimize the costs of this difficult process.
Instead of introducing
In accordance with federal law, a registry error is understood as an inaccuracy or a gross typo in the state real estate registry, in cadastral documents, in plans, and so on. These errors also include inaccuracies that can sneak into any documents sent to the real estate authorities. Until recently, such errors were called cadastral. This name can often be found today. However, in official documents it is still necessary to spell out the word “registry”.
In the vast majority of cases, the culprits of entry into the Unified State Register are persons who are responsible for compiling and maintaining cadastral documentation.
Technical errors
The time required to correct the cadastral error, as well as the way to eliminate it, depends on the nature of the inaccuracy of the information. The most common type of errors are technical inaccuracies. All kinds of typos (grammatical, syntactic or arithmetic) fall under this definition. In other words, this is a human factor. Due to fatigue or feeling unwell, a registrar may make such a mistake. A lawsuit to correct a registry error in this case does not need to be filed. The sooner this inaccuracy is detected, the less time it will take to eliminate it. In most cases, it is enough to submit an application, and the error will be corrected by the employees of the department.
How to fix
Correcting a registry error can take a lot longer. Errors of this kind, as a rule, affect the interests of the owner of several land tenure. Therefore, this problem cannot be solved so simply. Registry inaccuracy fixes incorrect information about the object on the schemes and plans of land plots.
Theoretically, a registry error can be corrected without bringing the case to court. In this case, the statements of the interested person (owner or user) also serve as the basis for making changes. In addition to the application, it is necessary to provide documents that confirm the presence of errors and the need for changes. You will also need documents that contain the correct information. So, for example, if the error is in the incorrect indication of the coordinates of the boundaries of the site, then it is necessary to submit to the agency or land management company a new plan with the correct placement of the boundaries. Developing new documentation is quite expensive. Moreover, all costs are borne by the interested person (in this case, the land user, the initiator of the change). However, there is no charge for actually making changes to the registry. Judicial practice shows that it is rather difficult to get compensation from the culprit.After making the changes, in accordance with the current legislation, the registering authority will send a notification of the established form on the introduction of amendments to the address of the applicant.
The causes of registry errors are: a mistake of the local cadastral service employee during the preparation for marking the site, formalism of specialists (for example, when due to time constraints the engineer does not go to the site to make the necessary measurements, but is guided by the data of topographic maps), the low level of engineering skills and administrative staff, the use of old (physically and morally worn out) equipment for land management.
General Provisions for Correcting Registry Errors and Inaccuracies
Those inaccuracies and errors that cause or may harm the property rights of citizens must be corrected. If the error is not purely technical in nature, then it is eliminated by a court decision. An application for correction of a registry error is submitted to the court by the interested person. Estimated timelines for corrections are difficult to name. Sometimes it can take no more than a few working days, and sometimes a lawsuit can take years.
Amendments to the State Register may not harm third parties. This is one of the fundamental principles. If the owner does not agree with the decision of the state body and with the amendments made, then he has the right to apply to the court with a statement of claim to correct the registry error.
When can the registration authority make changes to the documentation without the consent of the owner or copyright holder?
The law provides for the possibility of amending the technical documentation without obtaining the consent of the copyright holder or owner. In particular, this can happen after six months have elapsed after a notice has been sent to all interested parties about the need to amend the cadastral documentation. However, the following condition must be fulfilled: after making changes to the documentation and the registry, the area will not significantly differ from the original version (a difference of no more than 5% is allowed).
Where to contact if an error is found in cadastral documents?
Correction of the registry error of the land lies in the competence of such a body as the Unified State Register of Real Estate. However, often the citizens who turn to him are confronted with a misunderstanding, and sometimes with an open reluctance to help solve the problem. In this case, it is required to contact the higher authority - the cadastral chamber. The officials of the chamber are obliged, in accordance with the law, to clarify the rights of the land owner, as well as to consult on legal issues.
They apply to the court if the problem turns out to be rather complicated. In most cases, the court is appealed when the boundaries of the land plot are illegally or unjustly changed or illegal buildings and structures appear on the territory.
Terms and procedure for amending the state register of real estate
In accordance with the law in force, the timeframe for making amendments may vary (from one business day to six months). If it comes to court, then the amendment is set aside for up to six months. However, in practice, these terms are far from always being met, and the defect of the judicial debate is delayed for years until a final court decision is made. Correction of a registry error when it is discovered by the cadastral service employee at the time of filling out the documents takes a short time (no more than one business day). If the error was discovered by the owner himself, then its correction is carried out on the basis of a statement.
The procedure for pre-trial correction of a registry error
Judicial practice shows that the case of amendments to the registry may last indefinitely. Therefore, it is best to resolve the conflict at an early stage, before problems begin to increase. If an error is detected, the owner or a person authorized by him can contact the company that was involved in the paperwork. At the same time, specialists are obliged to accept the application of the established form and make all necessary corrections of errors made through the fault of their employees. It should be said that the whole procedure should be carried out free of charge. Making changes, an employee of a land management company should be guided by a resolution of the Ministry of Economic Development of 2009. Employees are entitled to request documents confirming an error from the owner.
Judicial Settlement
In court, the owner must prove the incorrectness of the information entered in the register and in the accompanying documents. This is a very complicated matter and it may take many months to fix the cadastral registry error.
For this reason, it is better to try to resolve the problem without a trial. However, this is far from always possible. Employees of the company, which was involved in paperwork and engineering surveys, may refuse the applicant to correct the mistakes made. In this case, there is nothing left but to sue the company. A reason for going to court may be a company’s refusal to conduct an examination to identify a mistake.
To consider the case on amendments to the cadastral documents, it is necessary to file an application with the court.
Filing a lawsuit
Some courts have application forms. However, most often the statement is made out by the plaintiff on a piece of paper.
The statement of claim to the court to amend the cadastral documentation should contain the following information:
- full name of the court where the application is submitted;
- full information about the plaintiff (last name, first name, middle name, year of birth);
- grounds for amendment;
- information on the delimitation of land;
- requests to amend and correct the mistake.
A single statement is not enough. The court will certainly request other documents. These are: a receipt on payment of the state duty, a copy of the statement of claim, documents confirming the ownership or use of the land, a demarcation plan, the result of the examination of the land by an engineer, a copy of the official response to the request for amendments from the cadastral agency. Without all of these documents, the court will not be able to take the case for consideration, which means that no decision should be expected. Correction of a registry error, if the court decision is not appealed to a higher court, will take very little time.
Who is responsible for non-compliance or improper implementation of amendments to the cadastral register?
The role of all participants in the process is strictly regulated by applicable law. So, the functions of monitoring the progress of all necessary procedures for making changes are distributed among all participants in the process. Great responsibility lies with the specialists of the company, which made all measurements and calculations. Control over the process is entrusted to employees of the Unified Register of Real Estate. But the owner also has the responsibility to collect the necessary information and control.
Arbitrage practice
As noted earlier, it is not always possible to resolve the conflict before the trial. Unfortunately, in making decisions the court is guided by the expert assessment of the cadastral engineer. This in some cases leads to an unfair verdict, because the expert is far from always able and willing to understand a controversial issue. There are cases when the cadastral engineer, acting in court as an expert, does not want to spoil the career of his colleague from the cadastral agency.
Incorrect plotting of plot boundaries on a plan is the most common pattern of registry error. Correction of this type of inaccuracy is possible only by court order. Also, the court often considers cases of amending the description of the boundaries of the land allotment.
Summarizing
Correction of errors in the cadastral documentation and the registry lies in the competence of employees of land management companies. However, if a mistake was made long ago, then it gives rise to a lot of controversial situations and its elimination will affect the property rights of so many people. In such cases, the interested party filed a lawsuit in court to correct the registry error. It is necessary to attach a package of documents to the application confirming the right to own or use the land plot, the conclusion of the cadastral engineer and other papers.