Solving the problem of overlapping land boundaries

It happens that after surveying one plot and decreeing cadastral registration, it turns out that there has been an overlap of the boundaries of the land plot. In this case, the applying citizen may be denied registration of the second plot. The reasons for the imposition may be the following errors: technical, cadastral.

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What is meant by imposing the boundaries of a land plot?

The imposition of legal boundaries is understood as the incorrect determination of the recorded boundaries of land plots on the drawing, which becomes the cause of property disputes.

Also, in some situations, the imposition of boundaries of land plots does not cause the owners to ask the question “what to do?”, even though the boundaries of the plots are shifted relative to the correct location.

Despite this, boundary surveying is still carried out upon request, otherwise it will be impossible to carry out cadastral work on the ground, in accounting and topographic terms.

Without carrying out these procedures and obtaining the appropriate documentation, it will not be possible to sell the land or register it with Rosreestr.

If the boundaries of a neighboring plot are superimposed on a previously recorded plot, then examples of possible violations in placement on the ground look like this:

• The area is superimposed on the borders of the adjacent one by stretching and expanding.
• The boundaries of the middle plot are expanded, they encroach on the side plots.
• The points of neighboring chargers are shifted towards each other and extend onto the side plots.

The support service will tell you what to do best in case of land disputes, how to draw up and file a statement of claim if the defendant is the Forestry Fund or other organizations. Consultation can be obtained on the website from experienced lawyers.

When memory overlap occurs

How to fix? What to do? Is it possible to fix the error? - many people ask. When surveying, overlap facts always arise due to an error.

At the legislative level, it is possible to send distorted information to the register due to incorrect geodetic and accounting work. In this case, all errors must be corrected if they are discovered.

Read also >> Correction of cadastral errors .

In accounting they are as follows:

• cadastral, allowing incorrect establishment of boundary boundaries when performing the activities of cadastre specialists or topographers;
• technical, committed due to clerical errors, typos, or due to non-special replacement of digital data in codification.

Erroneous data in these two situations leads the geodetic network directly away from its proper placement, due to a digital glitch observed in the code, or due to an error in the calculations made when preparing the plan, directly on the ground.

How to fix the overlap?

If inaccuracies in the overlay were identified by employees of the cadastral service, then in relation to the site, according to the regulations, the complex of works should be suspended until it is fully corrected.

Sometimes it can be discovered by the owner or cadastral engineer. Then it is recommended to report the found failure in the boundary space, and also ask a lawyer what remedies are available. It is recommended that you report the error and request that it be corrected.

According to the regulations, failures of any kind can be corrected if detected by State Control Committee employees. Also, these specialists should take the initiative for correction. Information about failures is received in the prescribed manner.

If the boundaries require correction due to errors, then the cadastral service may refuse the applicant to consider disputes about the overlay.

This happens when errors and shortcomings are of an implicit nature. State Control Committee employees cannot solve such problems, but without the participation of the authority, records cannot be corrected.

Correction involves the use of a complex mechanism to preserve the rights to the plots of all owners and comply with the legal forms of resolving the issue.

If you discover an error regarding your own memory, you need to contact:

• to a neighbor whose land your plot borders on;
• with a statement regarding the correction of an error in the real estate cadastre, where all violations must be described in detail.

Such actions can be considered successful only when the persons who are notified of the existing error perform the following actions:

• the neighbor will agree with the arguments and will want to do a joint survey in order to restore the boundaries and install special boundary signs;
• GKN employees will correct errors in your complaint and restore the correct position of boundary signs and plot boundaries.

When can you apply to court?

The actions described above should be carried out in any case, even if GKN employees and neighbors refuse to assist you in restoring justice.

You should definitely go through these steps if you want to file a lawsuit to impose boundaries. Both requests are mandatory.

Read more >> Eliminating errors in judicial practice .

If they were not carried out in the manner prescribed by law, and the State Control Committee specialists and neighbors ignored them, judicial practice will help solve the problem. If the appeal to one of the parties was ignored by the plaintiff during the preparation process, the claim will be rejected.

How to write an application correctly?

The claim is submitted to the magistrate in the district court at the location of the land plot. When you look at the sample document, it becomes clear that the plaintiff must provide information about himself and the neighbor who is the defendant.

Download a sample application for correction of a cadastral error.

It happens that a violation of boundaries occurs in relation to many plots at the same time, then the defendants are citizens who:

• have areas with erroneous boundary distribution;
• refuse to make constructive decisions with you;
• received a warning from you;
• refused to restore optimal order during the process of restoring borders.

If many persons will participate in the judicial proceedings to eliminate a cadastral error, different pre-trial proceedings may be used:

• the administration may take the side of the defendant;
• one of the interested parties will accept the plaintiff's point of view.

Then complete improvisation is allowed depending on the situation. Examples are: neighbors who agree with you can be named in the application together as plaintiffs or witnesses to prove that you are right.

When a trial is pending with the local administration, which refuses to consider the application, then the head of the administration should be named as the defendant. This is the only way to hope that the filed claim will be considered in court.

List of documents

Documentation is collected before the filing of the claim document. You need to make copies of each of the papers, and also submit them with a list along with the claim (annex to it).

It is important to have documentation confirming ownership of the land, as well as a cadastral passport for it. Written confirmation of the special conciliation procedure, which is carried out before the court, is taken into account.

It must be carried out at the initiative of the plaintiff in dialogue with employees of the cadastral authority and neighbors. Also, various certificates, conclusions, and acts are submitted to the court that will confirm the validity of the claim.

Evidence provided

The evidence base consists of various written certificates reflecting the cause of action. The plaintiff collects absolutely all papers related to the case.

It is advisable to find witnesses to confirm the truth of his words during the trial. Important evidence will be the expert opinion of an engineer on cadastral issues, an extract from the state cadastre on the real boundaries.

Review Process

The court's decision is the result of the parties' debates. The plaintiff must take into account that the essence of the problem during the hearing should be presented without unnecessary emotionality, dryly, clearly, and concisely. The defendants in this case will be opponents.

The plaintiff’s successful performance is based on facts that he can document. Supporting papers are handed over to the court through a bailiff after the facts are announced. A significant point is the justification of the existing violation of property or other rights. This remark is the main reason for most meetings.

Case decisions

The decision on the debate is made immediately at the end of the court hearing, when the panel of instance receives a clear picture regarding the conflict that has occurred, based on the violation of rights in the use of land plots.

The photo shows an example from judicial practice of considering such cases.

Terms of consideration

The trial lasts until a decision is made. As a rule, the decision is made no later than two months after the plaintiff filed the application.

If the court has doubts about the correctness or authenticity of the submitted documentation, then the hearings may be postponed for a certain period in order for one of the parties to justify stronger arguments or evidence. In such cases, legal disputes are significantly delayed, sometimes indefinitely.

If your property borders the Lesfond or a neighbor’s garage, an asphalt street or someone else’s property, it is important to consult a lawyer before filing a claim. He will help you fill out a special form and, if necessary, provide a sample. The client can count on comprehensive assistance and detailed consultations.

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