Correcting a cadastral error: conclusion of a cadastral engineer, example

In this article we will talk about the conclusion of a cadastral engineer. Basically, this concept is used in everyday life when preparing boundary and technical plans. The engineer's opinion is their integral part. We will also touch a little on conclusions, as separate documents used in judicial practice, when resolving conflicts related to the boundaries of land plots or the area of ​​​​premises.

List of useful documents

Documents for download:

How to correct a cadastral error of a land plot

1. According to the procedure established for making changes (carried out only in cases where documents containing an error are in Article 22 of the Federal Law “On the Cadastre” (hereinafter referred to as the Cadastre Law).
2. In accordance with the procedure established for interaction between authorized bodies.

If, due to the activities of the person carrying out land management work, the boundaries of neighboring plots are crossed, such an error can also be eliminated by the competent body carrying out registration in accordance with the requirements established by Article 45 of the Cadastre Law.

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Timing and cost

If the engineer’s conclusion is drawn up during the preparation of a technical or boundary plan, survey report, the contract indicates the total cost and a single period. If a conclusion is needed in the form of a separate document, the cost and production time depend on the type and location of the object, the list of issues, the content of the order for unauthorized construction, the nature of the legal dispute, and other factors. These points will be clarified when signing the contract and drawing up the technical specifications. By contacting our company, you are guaranteed affordable prices and short deadlines for preparing a conclusion.

Cadastral error

Cadastral error - reflects the actions of land managers and employees of state cadastral registration bodies, which infringe on your rights as an owner. The number and reasons for which errors are formed generally reflect the state of real estate accounting in Russia at all stages - formation and accounting of changes in real estate. The reasons for the high percentage of technical and cadastral errors are obvious to land management specialists:

• Having a Certificate of Ownership is a conditional right to property
• An example of a cadastral engineer will help you choose a specialist
• apply the rule for choosing a cadastral engineer
• You should not resort to the services of lawyers without the recommendations of a land surveyor
• avoid the services of specialist real estate companies in land management
• specialists with less than 5-10 years of experience and without land management education are a source of risk

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Advantages of our company

]Smart Way[/anchor] has completed many works and projects, including the preparation of cadastral engineer opinions. We offer our customers the following benefits:

• a wide range of additional services in the field of design, cadastre and construction;
• support of mandatory approvals, including preparation of an engineer’s report;
• assistance in legitimizing completed work and unauthorized construction, eliminating regulations of government agencies;
• favorable terms of cooperation for all customers.

To ensure the professionalism and qualifications of our specialists, we suggest that you familiarize yourself with examples of previously completed work. More information about the terms of cooperation can be found by calling the numbers listed on the website. Preliminary information about our prices and services is presented in the table below. Exact prices can be clarified by calling the numbers listed on the website.

PRO new building 7 (499) 703-51-68 (Moscow)

• reasons for discrepancies in testimony

1. Outdated equipment is used;
2. Cadastral specialists do not travel to carry out work and will include approximate coordinates in the cadastral plan.
3. Human factor.
4. Insufficient qualifications of specialists.

• A method of eliminating the information specified in the cadastre with the location in practice.
• Objections to established boundaries are listed.
• The boundaries that are established on the area by nature and have existed for more than fifteen years are indicated. Photo plans of the area are included.
• Fences made by man are listed.

conclusions

The conclusion of the cadastral engineer represents conclusions in the content of boundary and technical plans, survey reports. Also, the conclusion is drawn up in the form of a separate document, if it is necessary to confirm the safety compliance of the building, the characteristics of the capital construction project, or state the conclusions on the legal dispute. In conclusion, the specialist will draw conclusions on all issues, referring to the results of examinations and study of documents.

Get an estimate of the cost of this service using our price calculator - here

You can order an engineer’s report on any type of object at ]Smart Way[/anchor]. Call us, we will answer all your questions!

Application for correction of cadastral error

Engineering are errors made by specialists using old or faulty equipment, incorrect principles for calculating area measurements, conducting assessments without visiting the area, using old maps without a modern coordinate system and old site passports, making errors in calculations.

If an error is discovered in the registry documents by the owner, in order to correct it, it is necessary to fill out an application and provide the necessary supporting documents to the registry authority. If inconsistencies are detected by the owner of an adjacent property, he must submit an application to the registry authority with supporting documents. To make changes, the register authority needs confirmation of the owner of the disputed plot or real estate. Often such cases are decided by the court.

Error in the cadastre and its correction

• use of outdated equipment by specialists;
• carrying out work in a coordinate system different from the unified state system, as a result of which it becomes impossible to determine the exact location of the site relative to others;
• entering data based on approximate coordinates and maps without visiting the area;
• calculation errors and careless handling of measuring equipment;
• inattention;
• malfunction of measuring equipment.

• According to the source of origin. This includes inaccuracies caused by government agencies; operator's; arising during data conversion, when entering information into documentation, database; appeared due to poor quality processing of source data.
• By types of cadastre data. This may include inaccuracies that were made when determining and entering the value, category of land, area, boundaries and their rotation, type of land use, etc.
• By type of responsibility for correcting inaccuracies. This includes errors that have already caused harm to copyright holders and third parties due to their actual application, as well as errors that have already been made, but have not yet gone into further work.

Methods of detection

A cadastral error can be identified when carrying out complex work to clarify the boundaries on the ground.

Such work is organized in many gardening and dacha partnerships when registering municipal land as ownership .

A land user can identify an error based on the following signs:

1. change in the amount of accrued land tax ;
2. discrepancy between the area of ​​the plot indicated in the cadastral passport and its real value;
3. the presence of claims regarding the location of boundary points from neighboring land users;
4. discrepancy between new data about the site and information from the territory surveying project.

Only a cadastral specialist can accurately determine the presence of a cadastral error and distinguish it from technical shortcomings.

How to fix?

If a cadastral error is detected in Rosreestr, employees have the right to decide to correct it independently . After the decision is made, a copy of it is sent to all interested parties, including the cadastral engineer who carried out the work and the owner of the land plot.

If within six months the land user does not appear at Rosreestr to resolve the issue, the error is forcibly .

Moreover, the area of ​​the site with such correction cannot change by more than 5% of the original value (Clause 7, Article 61 of Law No. 218).

If an error arose after surveying was carried out by a geodetic company, then the customer of the work has the right to contact such a company and request work to eliminate the error .

In most cases, contracts with surveying firms contain a condition according to which the correction of an error resulting from the actions of the firm's employees must be corrected at the firm's expense .

In this case, company representatives carry out repeated measurements on the site and independently submit a request to correct the error to Rosreestr.

If boundary work was carried out a long time ago or was not carried out at all, but there are signs of a cadastral error, then the correction will occur in the following order:

• The land user contacts the geodetic company and concludes a contract;
• Carrying out boundary work to eliminate cadastral errors;
• Applying to Rosreestr with an application to eliminate the cadastral error based on new data;
• Making changes to the USRN data and the cadastral passport of the property.

When contacting a geodetic company, it is important to check whether they have a license to carry out land surveying work.

The company's cadastral engineers must have a specialized education and be registered in the federal register of cadastral specialists . This list can be found on the Rosreestr .

An application to correct the error is submitted by the customer of cadastral work.

Download the application form for correcting a cadastral error.

The main text consists of three parts:

1. descriptive;
2. motivational;
3. pleading.

In the descriptive part, the applicant indicates his personal data, as well as data on the land plot, allowing it to be unambiguously identified on the cadastral map of the area.

In the reasoning part , the applicant describes the circumstances of the cadastral error and indicates the grounds for its correction.

The petition part contains a request to make changes to the cadastral documents on the grounds stated above. The basis for correcting the error in this case is the conclusion of the cadastral engineer .

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Pre-trial procedure for correcting errors

Before contacting the judicial authorities, it is necessary to agree on the correction of the error with all interested parties.

To do this, the owner of the site must announce the approval of boundaries to all interested parties through available contact information or announcements in the media .

Upon approval, the following documents will be required:

1. extract from the Unified State Register of Rights to the plot;
2. cadastral passport;
3. boundary plan for the site;
4. border location diagram;
5. conclusion of a cadastral engineer (if available);
6. certificate of previously specified boundaries;
7. copy of the passport.

After approval, an act is drawn up , which is subsequently presented to the court. Such an act sets out the opinions of all interested parties regarding the location of boundaries with the presentation of arguments - a copy of boundary documents.

If the site is rented from municipal authorities , then in addition to an extract from the Unified State Register of Real Estate, a document on the right to use the municipal site is required.

If the appeal to the court occurs due to the refusal of the authorized body to correct the error, then it is necessary to obtain a written refusal and a response to the complaint in order to prove to the court the existence of attempts at pre-trial settlement .

Normative base

A cadastral error means the presence of unreliable information about the parameters or boundaries of a land plot.

Erroneous information may be contained both in documents and in the Unified Rosreestr .

Correction of inaccuracies is regulated by:

1. Federal Law No. 221 “On cadastral activities”;
2. Federal Law No. 218 “On state registration of real estate”;
3. Order of the Ministry of Economic Development No. 883.

Chapter 4 of Federal Law No. 221 regulates the activities of the cadastral engineer and establishes his responsibility for inaccuracies and errors in his work.

Chapter 7 of Federal Law No. 218 determines the procedure for correcting cadastral errors, and Order No. 883 prescribes the rules for filing an application to correct an error in the cadastre.

Errors in cadastral information can be of two types:

• technical;
• cadastral.

Technical errors arise as a result of typos, Rosreestr software failures, or inaccuracies made when transferring information from the cadastral engineer’s conclusion to the Unified State Register of Real Estate database.

Now it’s worth explaining what is classified as cadastral errors .

Cadastral errors arise at the stage of boundary work and are made by the cadastral specialist himself during the process of measurements on the site or when processing the results.

Types of errors

Technical

A technical inaccuracy may be discovered in the Rosreestr when systematizing the USRN data, as well as when registering a transaction for the alienation of a land plot.

If an inaccuracy is reflected in the cadastral document held by the owner of the plot with reliable data in the Unified State Register, then its correction is carried out upon application to Rosreestr .

The following persons can contact Rosreestr to correct a cadastral error:

1. land owners
2. holders of the right of lifelong ownership or perpetual use ;
3. tenants of land from the local municipality.

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The application must begin with the name of the Rosreestr body and the full name of the official authorized to receive applications from citizens.

The text should contain the following information:

• Full name of the applicant, his passport details and registration address;
• information about the owner of the land plot;
• address of the location of the site and its area;
• cadastral number;
• date the error was discovered;
• reasons to correct the error.

Information about the owner must be confirmed by an extract from the Unified State Register of Real Estate . The basis for correction is the conclusion of a cadastral engineer obtained during the performance of boundary work.

Such a conclusion is issued at the final stage of land surveying , when the boundaries are agreed upon with neighboring land users.

The act of approval is located on the reverse side of the boundary plan. Based on the results of the approval, the cadastral engineer writes his conclusion and signs.

After accepting the application of the interested party, changes to the cadastral passport occur within 3 working days , in accordance with clause 1 of Art. 61 Federal Law No. 218 .

If an error is recorded directly in the Rosreestr electronic database, it can be corrected based on:

1. decisions of the Rosreestr body;
2. statements of the interested party;
3. court decisions.

To correct an error in the database, the application of the interested party must contain correct data on the correction of the error; this can be obtained from the boundary plan.

If the boundary plan was drawn up by a private geodetic company, then it is necessary to require the company’s employees to double-check the data obtained after processing the results.

Most technical errors are discovered at this stage. If, during the secondary processing of the results by the company’s cadastral specialists, an error was not detected, then the error was in the data received itself .

How to eliminate the error through the court?

An appeal to the court to eliminate a cadastral error occurs if the following grounds exist:

• the reluctance of Rosreestr employees to correct the cadastral error;
• the need to significantly change the boundaries of the site after correcting the error;
• conflict with neighboring land users.

Sample statement of claim to correct a cadastral error.

In some cases, correcting a cadastral error made a long time ago may lead to a significant violation of the legal rights of third parties .

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For example, neighboring land users if, as a result of correcting an error, the area of ​​their plot decreases or part of the erected building ends up on a neighbor’s plot.

You should go to court only after attempts have been made to resolve the process out of court, otherwise the statement of claim will not be accepted.

Along with the application, the following documents must be sent to the court:

1. copy of passport;
2. receipt of payment of state duty;
3. title documents for the site;
4. available documents on boundaries (landmark plan and cadastral passport);
5. a copy of the agreement concluded with the geodetic company;
6. conclusion of a cadastral engineer;
7. certificates and documents indicating attempts at pre-trial settlement of the process;
8. notification of sending copies of the statement of claim to the defendant;
9. a copy of the act on approval of boundaries.

If a dispute arose between neighboring land users or the owner of the site and Rosreestr, then the court makes a decision based on the latest data obtained as a result of boundary work.

If one of the defendants is a geodetic company or a cadastral engineer, then in most cases the court orders an additional land survey to establish boundaries by independent specialists.

In this case, a court decision may be received several months after the filing of the claim.

During the examination, the court suspends the progress of all pending transactions for the alienation of the site until the results of the examination are received.

The statute of limitations for correcting a cadastral error is 3 years from the moment information about the error was received.

This period may be extended if the plaintiff:

• proves that he could not have known about the mistake;
• could not submit an application within the specified period due to objective circumstances;
• will prove the deliberate nature of the defendant’s actions in concealing the presence of a cadastral error.

After the court decision to correct the error, the plaintiff applies to Rosreestr with an application to correct the cadastral error .

The number of the court decision is indicated as the basis and a copy of such decision is provided.

Correction of the error by court decision occurs within 5 working days , after which the plaintiff is issued a new cadastral passport .

Entry procedure

To join a cadastral SRO, the applicant must be a citizen of the Russian Federation and meet a number of requirements:

1. Have a higher specialized education and undergo additional training in the field of cadastral work.
2. At least 2 years of experience as an assistant cadastral engineer and experience in performing all basic cadastral works.
3. Confirm your specialized knowledge by passing an exam.
4. Throughout your entire activity, do not receive disqualifications related to violation of the law on cadastral registration.
5. Obtain a cadastral engineer's liability insurance contract.

Among the important requirements for applicants is the absence of an outstanding conviction for intentionally committed crimes.

A person who was previously excluded from the cadastral self-regulatory organization due to:

• recognition as legally incompetent;
• submitting false documentation for the purpose of joining an SRO (if detected after receiving membership).

To join the SRO of cadastral engineers, you must select the most suitable organization, collect the required package of documents and apply for membership. If the candidacy is approved, the applicant pays the fees and awaits the decision of the collegial body of the self-regulatory organization on the issue of admitting a new member. If the decision is positive, the applicant is issued a certificate confirming membership.

Requirements for a cadastral engineer

The cadastral engineer must be a member of the SRO

Until July 1, 2021, the status of a cadastral engineer was determined by the presence of a certificate.

After Federal Law No. 452-FZ came into force on July 1, 2016, the legal status of a cadastral engineer is determined by membership in an SRO. Membership of a cadastral engineer in an SRO has become mandatory, and a cadastral engineer must have only one company, C.

Conditions for accepting an individual as a member of an SRO → clause 2 of Article 29 N 221-FZ.

A cadastral engineer must have a higher education

In practice, three situations may arise: – if you have a higher education that complies with Order N 229 → undergo advanced training every three years (deadline – July 1, 2019)

– if you have a higher education, but it does not comply with Order N 229 → undergo professional retraining before January 1, 2020 and refresher training every three years.

Professional retraining and advanced training programs must comply with Order No. 541, otherwise the completed course will not be recognized.

– if there is no higher education (for example, there is only secondary vocational education) → it must be obtained. If it is specialized (i.e., complies with Order No. 229), then there is no need to undergo retraining, only advanced training once every three years. The legislation of the Russian Federation allows for the possibility of obtaining higher education in an accelerated form of education. To exercise this right, please contact your educational institution.

How to choose SRO cadastral engineers

Considering that SROs appeared in the cadastre relatively recently, when choosing, you should carefully check the selected partnerships. After all, it can easily turn out that an organization carries out its functions on a semi-legal basis, or it does not have the necessary powers, that is, it does not have the legal status of a full-fledged self-regulator, such as an SRO of builders. At the same time, you can easily join such an organization by paying as for full membership in a reputable SRO. After such an entry, your professional activity will be at risk until the first serious check.

On the territory of Russia, there are currently not many SROs for cadastre and assessment, and there is still no single mechanism for entry. Some partnerships significantly increase membership fees, while others set high requirements for their participants. Accordingly, all this requires a professional search for a partnership that would fully meet your expectations.