Correction of cadastral errors in a judicial procedure. Sample of the claim for correction of the cadastral error. The time of correction of the cadastral error. Grounds for correcting a cadastral error

Correction of cadastral errors is not a very frequent phenomenon, but it is occurring. Often it is necessary to solve this issue through the court. For example, the most frequent occurrence is an incorrect indication of cadastral value. Accordingly, it is necessary to file a statement of claim and prove an error. But how correctly to correct information in the cadastre through the court? What is required for this? What features should a citizen pay attention to? It is not so difficult to understand all this as it seems. And going to court is not a very difficult process. The main thing is to know in advance all the nuances of this action.

Defining an error

The first step is to find out what kind of error it is. Does the situation in question have any specific definition? Fortunately, it is available.

A cadastral error is a mistake reproduced in the cadastral document, on the basis of which information on real estate was entered in the cadastral register. What does it mean?

Everything is very simple. An error is recognized as a cadastral if it occurred due to the data provided to the Rosreestr. That is, when it was already displayed in the information on real estate.

Correction of cadastral errors is not so difficult. Especially if you are properly prepared for the process. A citizen can not admit a cadastral error. But local self-government bodies - easily.

Whom to complain to

Many people think about who should complain if a cadastral error is identified. Or rather, which bodies to sue. There are several ways to solve the problem. Among them are:

• A claim against an authority that made a mistake in providing information about real estate;
• Application to the Rosreestr.

Usually it is possible to do without litigation. But it also happens that for one reason or another citizens are denied making changes to the cadastral passport. Accordingly, then it is impossible to resolve the dispute peacefully. And we have to correct the cadastral error in court.

Who is best suited? Many indicate that everything depends on the situation. If the Rosreestr has not refused to correct, there is no need to hurry with the judicial appeal. And as soon as the citizen received a written refusal, complain better to the cadastral chamber. After all, the authorities issuing these or other documents can only issue papers with changed data. But if Rosreestr refused to change the data, only the appeal to the court for this service will help.

Grounds

What are the grounds for correcting the cadastral error? There are not so many options as it seems. In general, there are several reasons why you can make changes to the cadastre. They just serve as the basis for correcting any errors:

1. An application of the owner filed with the Rosreestr with a request for changes. A good way to settle the issue peacefully.
2. Independent decision of the relevant bodies. A rare phenomenon that practically does not occur in practice.
3. The judgment, issued after the application of the citizen with the documents confirming the erroneous data in the cadastral passport.

Correction of cadastral and technical errors in the passport of real estate, most often try to hold without a court session. But not always it turns out. The grounds for applying to the court are:

• Documents indicating the failure of the cadastral chamber in the registration of real estate due to errors;
• Written refusals by Rosreestr to amend the documents in which certain errors were identified;
• Availability of any certificates confirming errors in the cadastre and inaction of the cadastral chamber.

It is necessary to prepare for going to court. After all, just so no one will satisfy the claim. What can be done before correcting a cadastral error (or technical error) in court?

Expertise

The first step is an independent examination. She will have to confirm the presence of any errors in the cadastral passport, as well as display new, correct data.

Correction of the cadastral error in the location of the land plot will help to conduct the engineers. It is required to conduct geodetic work and surveying. They will receive information that will be useful in court. Namely - new, correct data.

You can also call an appraiser who will be able to estimate the real cadastral value of the property. This is necessary in order to prove the wrong prices in the passport of the apartment or land.

Only after an independent examination it makes sense to go to court. Otherwise, it will not be possible to prove that you are right. So, the claim will not be satisfied. Therefore, we will have to prepare for the trial.

Applying to Rosreestr

Further, if it is required to correct a cadastral error in the location of the site or any other data, the citizen must necessarily apply to the cadastral chamber or Rosreestr. There he brings:

• passport;
• Cadastral passport of the real estate with errors;
• Documents that confirm erroneous data and indicate new information;
• Application of the established pattern for making changes;
• Receipt for payment of state duty (in the amount of 350 rubles).

Within a month in Rosreestr should make a replacement data. Either the citizen will receive a written notification refusing to make changes. This will allow him to go to court.

Recently, the correction of cadastral errors in the relevant passports - this is commonplace. It is possible to apply to the courts even when Rosreestr does not take any action at all. A citizen will be given a receipt when submitting the application, which indicates the processing time of the appeal. If the cadastral chamber is silent, you can not just fix the errors in the cadastre in the lawsuit, but also the inaction of the relevant authorities.

Timing

The next important point is the terms of reference to the appropriate authorities. The thing is that you can not always go to court. Therefore, we must worry in advance about how to meet the deadlines set by law.

The limitation period for 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. To make changes on the application usually takes 30 days, if it is a technical error in the cadastre - 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 must be considered no more than 5 days from the date of receipt thereof. But the question of appointing a court session may be delayed. The court itself appoints the day of the proceedings.

Collection of documents

Correction of a cadastral error in a judicial procedure is not a rare phenomenon. And to him, as already mentioned, will need to be prepared to some extent. The main problem is the collection of all necessary documents. After all, only if they are available, the application will 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 correction of a cadastral error at the site location or any other moment, it is necessary:

• Identity card (passport);
• Documents on ownership of a property;
• A cadastral passport with errors;
• Documents that indicate the presence of errors, as well as new information;
• Refusal to correct a cadastral error from the relevant authorities;
• An extract that was given when applying to the Rosreestr (need when the body is idle).

It would seem nothing special. But in fact, the main problem is getting new data. More precisely, it is difficult to prove the mistakes of certain types and appeal them. If all the evidence is available, you do not have to worry - the court will definitely stand on the side of the plaintiff. What does judicial practice show? Correction of a cadastral error is a process that is extremely rarely satisfied in favor of the respondent. Most often, the relevant authorities are forced to make changes to cadastral passports.

Court hearing

What happens at the trial? It's very simple - the relevant bodies will study all the documents submitted. And if it becomes clear at the meeting that the mistakes were made in the primary cadastral passport, the cadastral chamber will be forced to make changes in accordance with the reality.

The time limit for correcting the cadastral error, as already mentioned, is 30 days. Accordingly, it is at this time that information is changed in Rosreestr. The countdown will begin from the moment the judgment is delivered.

It happens that the court takes the side of the defendant. These are very rare situations. Then the cadastral passport is recognized as valid, no substitutions are made. But the plaintiff can file a counterclaim - to compensate for moral damage. But this is also not the most common practice.

Rules for writing a claim

Correcting a cadastral error in the site location or any other information about real estate is not so difficult. Many are interested in how to properly file a claim. When all the documents are collected, you will have to make a statement on a certain principle. And then to take the full package of papers to the court on civil cases. To address it is necessary in instance on a location of the object of the real estate which has caused disputes.

What information should be displayed in the claim? Much depends on the situation. That is, from what kind of information it is necessary to change. Thus, the lawsuit is usually written:

• The name of the authority to which the plaintiff refers;
• Personal data and contacts of the applicant;
• Information about the property;
• Data on engineers who made errors (for example, when determining the site location);
• New information that must be entered (with confirmation).

All this is recorded in the lawsuit, then submitted to the appropriate court. But how correctly to write a statement of claim to correct a cadastral error? The sample of this document can not be called a template. But one example will help to make the right appeal to the court.

Sample

How to write a suit in court for correcting data in a cadastral passport? It is not so difficult to do this. The main thing is to have cadastral data, as well as real information about real estate. Then it will be much easier to correct the cadastral error in a judicial procedure. Practice shows that a wrong claim is the basis for refusing to change. Therefore, it is necessary to make a correct statement. It might look like this:

The application for the recognition of information entered in the cadastral passport of the real estate is invalid and about making changes to it in accordance with the real data.

I, Ivanov Ivan Ivanovich, born on August 15, 1965, the owner of a land plot located at the address: Moscow region, Petrishcheva village, ul. Khmelnitsky 15, I ask you to make changes to the cadastral passport of the land plot in connection with the incorrect data on the location and the incorrect cadastral value.

On May 20, 2001, cadastre engineer Petrov Vasily Petrovich conducted surveying and geodetic work on my site. He provided a drawing of the real estate, which indicates the wrong location of the site. On May 22 of the same year, I was assessed the property that was assigned to me. It was much higher than it actually was.

By me, Ivanov Ivan Ivanovich on July 8, 2001 an independent examination was conducted. She showed that the cadastral value is really overstated, and the drawing is drawn up with an error. The results of the work of experts are attached to this suit.

On August 20, 2001, I applied to the Rosreestr for making changes in accordance with the information received on the results of the independent expert examination. They refused me. Written refusal to amend the attached.

On the basis of all of the above, I ask you to correct the cadastral errors and technical inaccuracies in a judicial procedure. I enclose the original of the cadastral passport to this statement of claim.

After the trial

So, the court is over. What's next? Immediately after making the appropriate decision, the plaintiff must again engage in paperwork. Correction of cadastral errors is possible after repeated application to Rosreestr. It will be required to bring identity documents and court decisions.

Further, as it was already said, the cadastral chamber should make changes in the passport of the real estate and give it out to the owner. All this is given for 30 days. And if it is a question of a technical error - 5 days. Failure will no longer take place.

That's all. The process of judicial recruitment is 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 the shortest possible time.