Correction of a registry error for land plots
Content
In connection with the introduction of the new law, the concept of Registry Error (RO) appeared, which brings more clarity to the work with regulatory documents.
The RO must be corrected without fail by decision of the state registrar of rights within five working days from the receipt of documentation that indicates its presence in the register, as well as having all the information necessary for a quick and high-quality elimination.
If the correction of a registry error is carried out after a court proceeding that has entered into force, then the recommended period for the procedure may be indicated in the court decision to correct the inaccuracy or within five days after it has entered into force.
If registry or technical errors occur, but you do not know what to do, it is advisable to seek help and advice from a lawyer or notary with extensive experience - consult .
What is a registry error?
From January 1, 2017, in the Federal Law “On State Registration of Real Estate” 218 Federal Law, which entered into force on July 13, 2015, the “ cadastral error ” became a “registry error”. According to experts, such a definition brings clarity to the list of documentation in the package of which it appears.
The registry error is reproduced in the Unified State Register of Real Estate and is contained in the technical documentation for the land. Various types of registry errors appear due to inaccuracies during the work of the person performing cadastral work.
They are also contained in papers intended for departments that register the rights of persons during information interaction or in any other order under 218 Federal Law.
Since 2017, a cadastral error is understood as an inaccuracy in the state cadastre document on the basis of which information was entered into the real estate cadastre.
After correcting errors in the land registry records, a notification about this is sent to the copyright holders. It is sent by the body that registers rights to real estate within three working days from the date of making all the required changes in the Unified State Register.
How to fix a registry error
How to correct the inaccuracy in determining the boundaries of the plot? Recognition and change of an error in the register data, not related to an incorrect description of the location of the boundaries of the site, must be corrected by the rights registration authority:
- by a court decision regarding the need to take appropriate measures;
- at the request of the state registrar of rights, in particular, during information interaction, within five days after receiving documentation regarding the presence of a registry error due to incorrect land surveying with recommended methods for its elimination.
A notification to correct a registry error in the location of the boundaries of a land plot is sent to copyright holders within three working days from the date of the procedure. There is a general procedure for correcting a registry error and a set of rules for this event:
- when possible measures cause harm or violate the interests of rights holders or third parties, the process is possible only after a lawsuit in court and litigation between the interested parties;
- the defect shall not be corrected by the termination, transfer or creation of title to the property.
Violation of legitimate interests is possible during the elimination of the problem, when the disputed object is removed from the cadastral register or when the boundaries are changed, its area is significantly reduced.
You can find qualified specialists who will help you establish the fact of a registry error on our website - ask a lawyer .
Sample application for correction
A sample correction will be provided by the lawyer during consultation. If you consider the statement of claim for correction of a registry error (sample below), it becomes clear that you need to provide the following data:
- cadastral number, area, address, type of property, other information;
- name of the state body for registration of rights to real estate;
- the essence of contacting the authority (“elimination of technical inaccuracy”);
- determining the optimal option for receiving a receipt (“sending by mail”);
- a list of errors found in the Register entries and reliable data for carrying out the procedure;
- information about the applicant (telephone, passport details, email, postal address).
Arbitrage practice
When correcting registry inaccuracies in the USRN information affects the rights of third parties, judicial practice cannot be avoided. In this case, it is recommended to use the services of a lawyer on land issues. Our specialists will help you correctly draw up a statement of claim to the court and accompany your case at all stages of consideration.
In judicial practice, registry errors are eliminated after the appointment of a land management examination, during which the boundaries will be accurately established.
Read also >> Why is it necessary to establish site boundaries?
You will also need data contained in the title documentation, and boundaries determined using objects that have existed on the ground for over fifteen years. All this information will help the court recognize the error in the document and make a decision.
When applying to court, the interested party must provide:
- title document for real estate;
- passport - identity document;
- technical plan, boundary plan, map-plan of the territory - documentation with the characteristics of the problem object;
- application to eliminate inaccuracies in the USRN information.
Deadlines for making changes to the registry
- Five days (working days) after the date of receipt of documentation about a registry error in the USRN information.
- Three days (working days) from the moment of detection of a technical registry typo in the Unified State Register of Real Estate.
In the latter case, after eliminating the inaccuracy in the area of the plot, the copyright holder will receive a notification within three days that the error has been eliminated if the information is already available in the Unified State Register of Real Estate (email address, place of residence of the applicant, etc.).
To make changes along the border of a land plot, you need to submit an application to the cadastral registration department.
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