Overlapping parcels means crossing the boundaries of adjacent parcels. This occurs as a result of errors that are made during land surveying or its cadastral registration. The procedure for correcting them depends on the type of error: technical or registry. A technical error can be corrected simply - you need to submit an application to Rosreestr. Fixing a registry error is more difficult, time-consuming, and expensive. You need to prepare a boundary plan, agree with the owner of the adjacent plot if your plot overlaps with another, and if this is impossible, go to court. A registry error can be corrected without your participation during complex cadastral work or if it is identified by the rights registration authority independently.
How to fix a technical error when overlaying land plots
Both the owner of the plot and any interested person can apply for correction of such an error (Part 1, Article 61 of the Law on State Registration of Real Estate). For example, the owner of an adjacent plot who, in order to carry out land surveying of his plot, needs correct information about the neighboring plot.
To correct a technical error you need to:
- fill out an application (Part 1 of Article 61 of the said Law). If submitted in person, it can be completed by a specialist accepting documents (clause 6 of the Requirements given in Appendix No. 4 to Order of the Ministry of Economic Development of Russia dated December 8, 2015 N 920).
The application is drawn up in the form given in Appendix No. 2 to the said Order. The detailed procedure for filling out each detail (column) of the application is contained in the specified Requirements. Please pay attention to filling out details 3.1.2. In it, depending on which of the registers the error was made, the sign “V” should be about or “in the information of the border register” and fill in the appropriate columns, including reflecting the information with the error and the correct data;
- apply . It is submitted in the same manner as for state registration of rights to real estate.
Note that this error can also be corrected if it is detected by the rights registration authority or by court decision (Part 1 of Article 61 of the Law on State Registration of Real Estate).
Elimination of cadastral error by court decision
If the dispute cannot be resolved peacefully, you will have to go to court, having first received a cadastral extract for the neighboring plot.
The defendant in such a claim can be either the cadastre body that refused to carry out registration, or the owner of the neighboring plot. And the statement of claim must necessarily contain a requirement to make changes to the Unified State Register of Real Estate to correct the cadastral error (if the claim is satisfied, Rosreestr must fulfill this requirement within 5 business days from the date of receipt of a copy of the court decision). It can also indicate a requirement to recognize the border based on the coordinates of turning points determined during land surveying. In this case, the result of the trial will largely depend on the conclusion of the cadastral engineer. Therefore, to carry out the work, it is necessary to attract a highly qualified specialist who has experience in preparing technical documentation both for the redistribution, division or consolidation of land plots, and for clarifying boundaries.
How to fix a registry error when overlaying land plots
Such an error is corrected by the state registrar only if documents are received that indicate its existence and contain information necessary to correct it, or a court decision that has entered into legal force (Part 3 of Article 61 of the Law on State Registration of Real Estate).
The error can be corrected either at your request or without your participation, if it is corrected during complex cadastral work or independently identified by the rights registration authority.
How you can fix the registry error yourself
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The order of your actions will depend on the area in which the error was made.
If an error is identified in relation to your plot of land and another plot overlaps it (that is, the boundaries of the plot belonging to you are incorrect), you can correct it yourself.
To do this, you first need to contact a cadastral engineer or the organization where he is an employee and enter into a contract agreement to perform cadastral work. The cadastral engineer will draw up a boundary plan, which will indicate that it was prepared in connection with the correction of an error (Part 1 of Article 35 of the Law on Cadastral Activities, Clause 27 of the Requirements approved by Order of the Ministry of Economic Development of Russia dated December 8, 2015 N 921).
After this, submit an application for cadastral registration to Rosreestr in the cadastral chamber in connection with the change in the description of the location of the boundaries of the land plot and attach to it a new boundary plan, on the basis of which the changes will be made. In this case, an application to correct the error is not submitted. It will be corrected by clarifying the boundaries of the land plot (clause 7, part 2, article 14, part 1, article 43 of the Law on State Registration of Real Estate).
Documents are submitted to Rosreestr in the same manner as for state registration of rights.
If an error is detected in relation to an adjacent plot on which your plot overlaps (that is, the boundaries of the adjacent plot are incorrect), then you will not be able to correct the error yourself. To do this you need to contact:
- to the owner of the land plot on which the boundaries of your plot are superimposed. If he agrees that the boundaries of his plot are incorrect (erroneous), then you need to contact a cadastral engineer or the organization in which he is an employee. In this case, one boundary plan will be prepared for your land plot and an adjacent one, in relation to which the boundaries will be clarified (Part 1 of Article 35 of the Law on Cadastral Activity, Clause 20 of the Requirements approved by Order of the Ministry of Economic Development of Russia dated December 8, 2015 N 921).
After preparing the boundary plan, contact Rosreestr for cadastral registration of your land plot;
- to court if it is not possible to reach an agreement with the owner of the adjacent plot.
How to fix a registry error without your participation
Correcting such an error without your participation is possible in the following cases:
- when carrying out complex cadastral works . Such work is carried out by order of local government bodies of a municipal district (urban district), and in Moscow, St. Petersburg and Sevastopol - by executive authorities of these entities. As a result of these works, the boundaries of land plots are clarified and registration errors in information about their boundaries are corrected (Part 2 of Article 42.1, Part 1 of Article 42.2 of the Law on Cadastral Activities).
Based on the customer’s application and the map plan of the territory, which is compiled based on the results of complex cadastral work, the boundaries of land plots will be clarified in the Unified State Register of Real Estate (Part 3 of Article 19, Part 3 of Article 43 of the Law on State Registration of Real Estate, Article 42.4 of the Law on cadastral activities);
- if the rights registration authority has identified the error independently . In this case, he makes a decision on the need to eliminate it and sends it to interested parties (authorities) no later than the next working day. The decision will indicate the essence of the error and the need to correct it (Part 6 of Article 61 of the Law on State Registration of Real Estate).
When you receive such a decision, evaluate whether you need to correct the error, as this may incur additional costs. If you decide to correct it, then you need to contact a cadastral engineer and then Rosreestr.
After six months from the date on which the decision was sent, the rights registration authority may make changes to the Unified State Register of Real Estate without the consent of the legal owner of the land plot in the following cases (Part 7 of Article 61 of the said Law):
- if the documents necessary to correct the error (the information contained in them) have not been received;
- documents for cadastral registration of changes in order to correct the error were submitted, but their registration was refused.
Changes can be made if after this the area of the land plot does not differ from its area indicated in the Unified State Register of Real Estate by more than five percent (Part 7 of Article 61 of the said Law).
It should be noted that in practice, difficulties arise when making such changes to the Unified State Register. Thus, new coordinates of characteristic points of the boundaries of the land plot, which may be unknown, must be entered into the register. At the same time, Rosreestr does not always have the opportunity to establish them, since the procedure for their independent determination has not been established for registration authorities.
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How is boundary overlap detected?
The overlap of the boundaries of neighboring areas is usually revealed:
- when carrying out land surveying (such work is carried out during registration, consolidation, redistribution or division of a land plot);
- during registration of objects.
In the first case, the cadastral engineer will draw up a conclusion in which he will confirm the fact of the overlap and indicate with the boundaries of which particular area it occurred and for what reason. And in the second case, a decision will be made to suspend or refuse to register the object due to the discovery of a cadastral error. Both the engineer’s conclusion and Rosreestr’s refusal may become the basis for out-of-court or judicial proceedings.
How to know if the error has been fixed
The rights registration authority will correct:
- technical error - within three working days from the date of receipt of the application or court decision or its discovery (Part 1 of Article 61 of the Law on State Registration of Real Estate);
- registry error - within five working days from the date of receipt of documents indicating its existence and containing correct information, or a court decision that has entered into legal force (Part 3 of Article 61 of the said Law).
Notification of error correction is sent to the copyright holder (right holders) within the following terms (parts 1, 5, 8 of Article 61 of the said Law):
- within three working days after the error is corrected;
- within five working days if Rosreestr corrected the registry error independently.
As a general rule, notification is sent to the email address specified in the application by indicating a link to an electronic document posted on the Rosreestr website. If the error was corrected without a statement, the link is sent to the email address contained in the Unified State Register of Real Estate. A paper notification will be sent only if there is no email address in the application or the Unified State Register. In this case, it is sent by mail to the address specified in the application, and if the error was corrected without an application, then to the address available in the Unified State Register (Clause 4 of the Procedure given in Appendix No. 1 to Order of the Ministry of Economic Development of Russia dated March 25, 2016 No. 173, clause 5 of the Procedure given in Appendix No. 2 to the said Order).
How to check the correctness of the boundaries they define?
We ordered land surveying in adjacent areas; land surveying was carried out earlier. Is it necessary to invite neighbors and sign a deed from them? approvals and also ordered land surveying, according to them, our site is far removed from its actual location on the public cadastral map, the cadastral engineer says that their measurements are correct, and the boundaries of other sections of our street are incorrectly defined. I think the boundaries of the site are defined incorrectly! What to do? We do not have any border overlay, since it is shifted to free space. But almost half of the site is shifted on the public map beyond our fence. How to check the correctness of the boundaries they define?
What is meant by imposing the boundaries of a land plot?
Boundary overlap is the intersection of the boundary lines of two or more adjacent properties. The overlap on a previously recorded area can be factual when it comes to natural boundaries and formal, found in documents.
The first case involves the seizure of part of a neighboring plot belonging to another owner. Its reason is the unauthorized transfer or establishment of boundaries without land surveying.
The second type of imposition has more complex reasons associated with calculations indicating the need to move the boundaries of the site towards someone else's land. The reasons are:
- incorrect measurements,
- erroneous calculations during land surveying,
- error when entering data into the registry,
- landscape change.
The fact is that at the stage of approving the boundary plan at the cadastral authority, if an error is identified, employees can make adjustments that are not always correct and will ultimately lead to the imposition of the boundaries of the site. This error is harder to find than all the others.
