Correction of a cadastral error is a process that is increasingly interested in the population. Filling out documents is a particularly important process. Only no one is immune from inaccuracies and errors during the manufacture thereof. Therefore, it is necessary in some cases to deal with the change of papers with invalid information. In Russia, there are several scenarios. And about all the ways to correct errors made in the cadastral passport of real estate, you will find out further. In fact, everything is not as difficult as it seems. The main thing is to prepare correctly.
Error Definition
Before you correct the cadastral error, you should fully understand what is at stake. After all, the inaccuracies that are in the cadastral passport can be different.
In general, incorrect, false data that were entered into the Rosreestr on the basis of the submitted documents are considered to be called a mistake. But that is not all. Technical cadastral errors are also highlighted. These are inaccuracies made at the time the information was entered into the Rosreestr.
Grounds
Correction of a cadastral error in the information of the corresponding real estate passport can be carried out in several ways. But for starters, it’s worth understanding what grounds give a citizen the right to appeal to one or another authority.
And there are not so many of them as it seems. Among all the available grounds in Russia for amending the cadastral passport, there are:
- court ruling issued after the hearing;
- an independent decision of the Rosreestr or the registration chamber in case of inaccuracies;
- application of the citizen - the owner of the property
There is no more reason. Third parties do not have any right to appeal to one or another body to amend the cadastral passport of real estate. This is possible only if there is a power of attorney on behalf of the owner.
Dispute Resolution Options
Correction of errors in the cadastral passport can occur in several ways. The thing is that in the decision of the question, certain grounds will be taken into account. At the moment, you can use the dispute resolution:
- by voluntary treatment (pre-trial proceedings);
- filing a lawsuit to amend the cadastral passport of real estate.
The first option is in great demand. Pre-trial settlement of issues related to errors in the cadastral passport is the most simple and correct solution. Bringing such an idea to life is easier than it sounds. In addition, such a technique will reduce the time taken to resolve the dispute.
Timing of Changes
There are generally established deadlines in which Rosreestr must correct the cadastral error and, of course, produce new documentation for a particular property. It doesn’t matter which way to resolve the dispute. It all depends on the type of inaccuracy found.
Correction of a technical error in the cadastral information should occur no later than 5 days after the adoption by the court of a decision on the need to modify the document. Or from the moment a citizen submits an application for changing the information available in the state cadastre.
But that is not all. Correction of a cadastral error in the information requires a longer period of time. Such changes occur, as a rule, within 30 days from the date of receipt of the application, self-discovery of inaccuracies or the adoption of appropriate decisions by the judicial authorities.
Where to go
The next important question is: where to communicate if you need to correct errors in the cadastral passport? This topic is of interest to many citizens. Of course, it all depends on the situation. For example, when it comes to the independent work of Rosreestr, a citizen does not need to go anywhere. The service itself will do everything. Maximum - will notify property owners of the need to replace the cadastral passport.
If the citizen decided to correct the cadastral error in the pretrial order, you can contact the multifunctional centers. They are now accepting relevant statements. A visit to the registration cadastral chamber or to the Rosreestr is also possible. Then everyone chooses the organization to which to come with a request. It should be noted at the same time that Rosreestr works most quickly. 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 file a lawsuit with the district court at the location of the property indicated in the cadastral passport. There is no other option. Only a district court can file a corresponding complaint.
Pre-trial
So, you first need to pay attention to the most common situation. This is a pre-trial hearing of the task. Correction of a technical error in the cadastral information, as well as cadastral inaccuracies, as already mentioned, is carried out in the Federal Register. Accordingly, it is in this service that a citizen should come. You can apply to other authorities indicated earlier. There is no significant difference.
A citizen must bring a statement with him to correct the cadastral error. It is usually written in advance. And this document needs to be attached:
- cadastral passport;
- citizen's identity card;
- documents confirming ownership rights;
- statements that can confirm the fact of an error, as well as emphasize new information.
Copies must be attached to all of the above documents. If there are several owners, it is recommended to cooperate and jointly submit an application for changes. In this case, you will have to attach passports and certificates of ownership of all property owners.
Court preparation
It is far from always possible to solve the problem without any particular problems. Sometimes you have to judicially correct the cadastral error. The boundary plan was drawn up incorrectly or any other inaccuracy was discovered - it does not matter, the main thing is that if the Rosreestr is inactive or if refusal to make corrections, a statement of claim should be filed.
But for this, the citizen will have to prepare. How exactly? It is recommended to contact special assessment organizations. They will conduct an independent examination, which will help to identify and confirm the presence of errors in the cadastral passport. Also, according to the results of the research, it will be clear what data should be entered in the real estate document.
Without proof of their innocence, it makes no sense to draw up a statement of claim to correct the cadastral error. It will not be satisfied. It is recommended to carry out surveying of the site, as well as surveying and assessment work. Collect all references and conclusions. They will come in handy later.
Dates of going to court
But this is not all the information that is needed to go to court. The fact is that citizens do not always have such an opportunity. According to the law, only 1 year is allotted for drawing up a complaint. Within 12 months from the date of inaccuracy, you can file a lawsuit to amend the cadastral passport of real estate. The countdown can begin either when the owner found out about the error, or from the moment of receipt of a written refusal from Rosreestr to the previously left application. If this organization is inactive, the year begins one month after the initial visit.
Only after a person is convinced that he has a chance to file a lawsuit, you can try to judicially correct the cadastral error in the Rosreestr information. The main thing is that the claim should be filed no later than a year after the inaccuracy was discovered. But the meeting is appointed by the appropriate authority, depending on the specific situation. Typically, a response to a claim comes within 5 days.
Documents for going to court
What is required in order to solve the task in court already? The first thing to note is that you can go to court only after trying to pre-trial resolution of the issue. Quite often, simply with the help of a statement left at the Rosreestr, the opportunity to change the cadastral passport is given.
If the issue was not resolved peacefully, it will be necessary to carry out a judicial correction of the cadastral error. The court’s opinion will serve as the basis that will force the authorities to edit the real estate passport. But what is required from the owner to consider the case in court? It all depends on the situation. And an approximate list of documents is as follows:
- "claim" on the correction of the cadastral error with a detailed description of the shortcomings;
- applicant's identity card;
- receipt of state duty for the claim;
- response from Rosreestr or registration chamber (if any);
- documents confirming the rights to real estate;
- results of examinations (boundary plan, assessment, and so on);
- cadastral passport.
The most problematic is the proof of their innocence. If this can be done, then the claim for the correction of 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 judicial authorities decide on the settlement of the issue, it will be necessary to carry out another small action. For him, it is again necessary to contact the Rosreestr and write a statement to amend the cadastral passport. For this you have to show:
- passport of a citizen of the Russian Federation;
- court writ of execution;
- property documents;
- results of examinations.
Nothing more is needed. After 5 or 30 days (depending on the nature of the defect), it will be possible to pick up the cadastral passport and real estate documents by presenting an identity card.
Sample Claim
Some are interested in how to correctly compile a statement on the correction of a cadastral error. The sample below is just a template. In general, it is recommended that you describe the situation in detail with all dates and information. But in general, the lawsuit may look like this:
The statement of claim on amendments to the cadastral passport of real estate.
I, Ivanov Ivan Ivanovich, (passport data), I ask you to make changes to the cadastral passport based on the inaccuracies I have identified. According to the results of an independent examination in 2002, the engineer (data on the citizen) making up the survey plan made a mistake. Also, in March 2003, the cadastral value of land and houses located at the address: St. Petersburg, ul. Dimitrova, house 3.
In April of that year, I, Ivan Ivanov, turned to the registration chamber for pre-trial settlement of the issue, which I was refused. All documents are attached to this lawsuit.
Please, on the basis of an independent examination, make changes to the cadastral passport.