How to invalidate land surveying. Do we challenge and invalidate the result of land surveying of an adjacent land plot? Legal grounds for invalidating and excluding erroneous information from the USR about the location of borders


The need for legal dispute resolution may arise in a number of cases:

  • Disagreement between neighbors about where exactly the border between their plots should be.
  • Reluctance of the owner of a neighboring plot of land to participate in resolving a boundary dispute.
  • , which the owner corrected, but the owner of the neighboring plot refused voluntarily.

How to get land survey results invalidated?

In order for the survey results to be invalidated, it is important to follow a number of rules when filing a claim to challenge the survey and hearing the case in court, since this is the main principle of achieving success.

  1. First you need to decide on judicial authority where to file a claim.
  2. Then correctly compose an application and attach Required documents substantiating legal position plaintiff.

After the claim is accepted, the applicant faces a separate procedure judicial trial, which also has its own nuances. First things first.

Where to go regarding a case regarding a new demarcation?

The issue of jurisdiction is regulated by Chapter 3 of the Code of Civil Procedure of the Russian Federation. The bulk of civil cases are considered by district courts, including cases on establishing the boundaries of plots.

Article 59 of the Code of Civil Procedure of the Russian Federation. Relevance of evidence

The court accepts only that evidence that is relevant for the consideration and resolution of the case.

How to file a claim correctly?

Here we will tell you how to fill out a statement of claim. The law also imposes separate requirements on the form and content of the statement of claim.

The claim can only be filed in in writing. contains a list of mandatory information that is indicated in the application. In relation to claims for establishing land boundaries, this is:

  • name of the court where the claim is filed;
  • FULL NAME. the plaintiff, his address, as well as his full name. and the registered address of the representative (if he files a claim);
  • name of the defendant, address of his place of residence (or location - if the defendant is a legal entity or government agency);
  • description of the fact of violation of the plaintiff’s rights;
  • circumstances justifying the violation;
  • application.

The statement of claim with an attachment must be submitted to the court in a number of copies equal to the number of participants in the process: one package of documents each for the judge, the defendant and a third party (if one is involved by the plaintiff).

Duration and cost of the procedure

The Code of Civil Procedure of the Russian Federation establishes a single deadline for consideration of civil cases in courts - 2 months from the date of receipt of the statement of claim in court.

In practice, courts do not always meet this deadline due to the lack of all documents necessary for the case (they have to be requested from various authorities during the proceedings) or the defendant’s failure to appear at court hearings.

What costs will you have to incur when going to court?

  1. The state duty is 300 rubles for citizens and 600 for organizations.
  2. Lawyer services (including drawing up all statements, petitions, etc., collecting documents and attending each court hearing) - from 25,000 rubles or more, depending on the region and the complexity of the case.
  3. For registration of a power of attorney for a representative at a notary – no more than 1,500 rubles.

Procedure for holding meetings

After the court accepted the claim, The entire trial process is divided into several stages:

  • Preparing the case and notifying the parties of the date and time of the court hearing.
  • Preliminary hearing.
  • Main court session
  • Making a decision by the court.

The order of the meeting is as follows:

  1. At the appointed time, the summoned parties are invited to the courtroom, where the judge and the secretary are present, who keeps minutes throughout the hearing.
  2. In preliminary court hearing The judge reads out the rights and obligations of the participants in the process and the essence of the dispute. It also asks whether the plaintiff supports the stated claims, and the defendant supports his objections to the claim.
  3. The judge analyzes the documents presented by the parties, hears the testimony of witnesses, and the expert’s explanations (if any).
  4. At the request of the plaintiff, the court may order a land survey to determine whether a land survey has been carried out on the site and on the basis of what coordinates it is necessary to establish an adjacent border between the two disputed sites - Art. 79 Code of Civil Procedure of the Russian Federation.
  5. If the court understands the arguments of all participants, then it announces the transition to the main hearing. It begins similarly to the preliminary one, the judge repeatedly asks the parties whether they insist on their positions. Then he moves on to judicial debate, where both the plaintiff and the defendant tell why they consider themselves right in the dispute and how this is confirmed.
  6. The trial ends with a decision.

Reasons for refusal of satisfaction

The court may not satisfy the claim for a number of reasons:

  1. If the plaintiff has not provided the court with a document confirming the ownership of the disputed land plot.
  2. When absent.
  3. If the plaintiff did not promptly request the court to conduct an examination. Then the judge will not have objective data on the basis of which he could make a decision on establishing boundaries.

If the court makes a decision not in favor of the plaintiff, it can be appealed within a month to a higher court (territorial/regional court of a constituent entity of the Russian Federation) by filing appeal.

How to increase your chances of winning?


The key to success in establishing the boundaries of a plot of land is the preparation of everyone necessary documents, without which the process of proof will not give a positive result.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Land Use Law last years has changed somewhat. A mandatory registration procedure has been introduced land plots for cadastral registration, in connection with which the actual owners of the land often must correctly register the property. If the boundaries of demarcated lands are violated, the matter should be resolved either amicably or through the courts.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

Basic moments

However, it can also be carried out out of court. As a rule, the examination is carried out by a geodetic organization operating at the municipal level.

The task of the examination is to determine the correctness of demarcation and establishment of property boundaries. The examination is carried out on the basis of the order issued by the judge.

A date for the examination is set, to which interested parties are invited. Inspection and measurement are carried out land plot.

Based on the decision made by the expert, the court, as a rule, makes a conclusion.

What documents will be required?

Along with the original statement of claim, the following documents are required to be submitted to the court:

  • a copy of the claim;
  • the text of the contested legal act;
  • supporting documents that substantiate the plaintiff’s case;
  • documents that contain information about the desire to resolve the case peacefully before trial.

According to the law, the following documents can be used to prove the plaintiff’s case:

  1. Inquiries.
  2. Contracts.
  3. Faxes.
  4. Printouts of letters and correspondence.
  5. Business papers.

If the plaintiff has at his disposal a correctly drawn up boundary plan, along with expert opinions, the document will be of great assistance to the judicial review.

Evidence of property boundaries may include:

  • difference in ground level;
  • location of buildings;
  • presence of a fence;
  • witness's testimonies;
  • materials from their archives, etc.

The outcome of the case will depend on the quality and completeness of the evidence collected.

An example from judicial practice

It is important that even if cadastral documentation is available and cadastral registration is carried out, if the land surveying procedure was carried out quite a long time ago (more than 10 years ago), the examination may reveal significant discrepancies between the legal and real boundaries of ownership.

This is due to the imperfection of geodetic instruments used at the time of surveying.

As an example of how differences in survey results can be reflected, the following example from judicial practice.

Citizen Selin filed a lawsuit against citizen Barov to invalidate the existing boundary plan at the time of application, cancel information in the state real estate cadastre, establish exact location adjacent border.

Plaintiff Selin indicated that he has been the owner of the land plot since 1996. There is an adjacent border between the Selina and Barova sections. Its visual signs have always been a fence and two trees.

After Barov carried out land surveying in 2011, the boundary of his property shifted in such a way that the fence remained on the defendant’s territory. Thus, part of the plaintiff's lands was seized.

At the same time, at the time of cadastral works and the plaintiff was not present at the scene of the events, since she was not notified about this. The plaintiff's signature is missing from the approval document.

Over the course of many years, a certain neighborhood order has developed between adjacent land users, according to which the existing fence was recognized as the border.

The court found that the cadastral work was carried out with violations and upheld the claim. The defendant filed an appeal, and an examination was conducted on the basis of a new trial.

The following was found out:

As a result, the court of second instance left the decision unchanged - information from cadastral registration were cancelled, the boundary plan was declared invalid.

Video: disputes during land surveying

Special nuances

It is not only owners of private houses who have to deal with challenging land surveys. Residents of multi-storey buildings may also be involved in trial on the basis of illegal land surveying of common house lands.

How to challenge land surveying apartment building? Just as when solving private sector issues, contact court, magistrate or district court.

Most often, the claim concerns the cancellation of the decision to survey the block.

Apartment owners can file a complaint with the court against the actions or inactions of government authorities on the following issues:

If, as a result of the actions of the authorities, the land ends up in the use of third parties, a legal claim may be sent to them with a requirement to establish the boundaries of the land plot.

This is the right of owners who want to defend adjacent territories from unlawful seizure.

Based on the examination carried out by the court, the boundaries of the disputed land plots are established. Changes are made to existing documents state cadastre real estate.

The court is guided by the provisions of the legislation on urban planning activities according to the Housing Code of the Russian Federation.

The legislative framework

Act drawn up by the authority state power in violation of the law, is declared invalid on the basis of:

The location of the boundaries of land plots is determined in accordance with Federal Law:

Land disputes are carried out in accordance with:

The list of evidence that is accepted by the court when resolving land disputes is given in:

Right shared ownership on common property Residents of an apartment building are given:

Article Description
ownership of the common property of the owners of premises in an apartment building

The property includes elements of landscaping, maintenance, operation, and improvement.

The owners of an apartment building can challenge the decisions of the authorities on the basis:

In the absence of documentation, the boundaries of land plots are established on the basis of natural or artificial objects that have existed for more than 15 years in accordance with the Federal Law:

Challenging the land surveying procedure can be carried out out of court and in court.

The more complete the evidence presented by the plaintiff, the higher the chances of canceling the decision to enter information into the cadastral register.

Not only owners of private houses, but also owners of apartment buildings can exercise the right to challenge a land surveying decision.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

The form of the document “Statement of Claim to invalidate the survey results” belongs to the heading “Statement of Claim”. Save the link to the document in in social networks or download it to your computer.

To the Podolsk City Court of the Moscow Region

Plaintiff: ___________________________
Address: ___________________________

Respondent: ___________________________
Address: ___________________________

STATEMENT OF CLAIM
on declaring survey results invalid

I, _____________________________ _______ born (passport series ____ No. ________, issued by the Department of Internal Affairs "_________" of Moscow _________, division code _________) I am the owner of a land plot (cadastral number ________________), located at the address: ________________________, with total area ____ sq.m., on the basis of the Agreement for the sale and purchase of a land plot with a residential building dated _________, which is confirmed by the Certificate of state registration rights dated __________, series ____ No. _________.
The boundary of my land plot was not established in accordance with the requirements of land legislation.
Next to my land plot there is a plot owned by ___________ (cadastral number ______________). The boundaries of the land plot owned by ______________ have been established, but in accordance with the land plot plan, there is an overlap of the boundaries of one land plot with another (I have attached a copy of the plan).
According to Art. 70 Land Code The Russian Federation state cadastral registration of land plots is carried out in the manner established by the Federal Law “On the State Real Estate Cadastre”.
By virtue of Art. 39 Federal Law dated July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the location of the boundaries of land plots is subject to mandatory approval in the manner established by this Federal Law (hereinafter referred to as approval of the location of boundaries) with the persons specified in Part 3 of this article (hereinafter referred to as interested parties), if, as a result of cadastral work, the location of the boundaries of the land plot in respect of which the corresponding cadastral work was carried out has been clarified, or the location of the boundaries of adjacent land plots, information about which is included in the state real estate cadastre, has been clarified.
Coordination of the location of boundaries is carried out at the choice of the customer of cadastral work with the establishment of boundaries of land plots on the ground or without establishing the boundaries of land plots on the ground.
According to Art. 40 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the result of coordination of the location of boundaries is drawn up by the cadastral engineer in the form of an act of coordination of the location of boundaries on the back of the sheet of the graphic part of the boundary plan.
The location of the boundaries of the land plot is considered agreed if the act of agreeing on the location of the boundaries contains personal signatures of all interested persons or their representatives, with the exception of the case provided for in Part 3 of this article.
If a duly notified interested party or his representative in fixed time did not express their consent by certifying with a personal signature the act of agreeing on the location of the borders or did not submit their objections to the location of the borders in writing with their justification, the location of the corresponding boundaries of the land plots is considered to be agreed upon by such person, about which a corresponding entry is made in the act of approving the location of the boundaries. Documents confirming compliance with the procedure for notifying the specified person established by this Federal Law are attached to the boundary plan. These documents are an integral part of the boundary plan.
If the location of the relevant boundaries of the land plots is not agreed upon by the interested person or his representative and such person or his representative submitted in writing objections regarding this approval with justification for the refusal, entries about the content of these objections are made in the act of agreeing on the location of the boundaries. Objections submitted in writing are attached to the boundary plan and are an integral part of it.
Disputes that are not resolved as a result of agreeing on the location of boundaries, after the execution of the act of agreeing on boundaries, are resolved in accordance with the rules established by the Land Code Russian Federation ok.
By virtue of Art. 60 of the Land Code of the Russian Federation, the violated right to a land plot is subject to restoration in the following cases: unauthorized occupation of a land plot; in other cases provided for by federal laws.
Actions that violate the rights to land of citizens and legal entities or creating a threat of their violation, can be suppressed by restoring the situation that existed before the violation of the right and suppressing actions that violate the right or create a threat of its violation.
Due to the fact that the boundaries of the land plots of the Plaintiff and the Defendant overlapped, the Plaintiff’s right of ownership of the land plot was violated and must be restored.
Due to the fact that before judicial procedure It was not possible to resolve the issue of imposing boundaries of land plots, the Plaintiff was forced to go to court with this statement of claim.

Based on the aforesaid and guided by Article. 131, 132 Code of Civil Procedure of the Russian Federation

1. Recognize the results of land surveying of the land plot owned by the Defendant, located at the address: __________________________, cadastral number _____________, as invalid;

Application:
1. Receipt for payment of state duty;
2. Copies of cadastral extracts for the land plots of the Plaintiff and the Defendant;
3. Certificate of state registration of property rights;
4. Copies of documents according to the number of persons participating in the case;

" "_______________2014 ________________________________________________



  • It's no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.

  • Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.

It is necessary to challenge and invalidate the results of land surveying in different situations, for example, mistakes that were made by various parties (erroneously, on purpose). The practice of relationships between neighbors and their adjacent land plots is quite topical.

Cadastral errors is a type of land dispute.

Federal Law 221-FZ “On the State Real Estate Cadastre” provides for the following concept of “errors” (hereinafter referred to as the Law “On the Cadastre”), which are included in the state real estate cadastre (Article 28):

“2) an error reproduced in the state real estate cadastre in the document on the basis of which information was entered into the state real estate cadastre (hereinafter referred to as a cadastral error in information). Unless otherwise provided by this article, a cadastral error in the information is subject to correction in the manner established to take into account changes in the relevant property (if the documents that contain such an error and on the basis of which the information was entered into the state real estate cadastre are documents submitted in accordance with Article 22 of this Federal Law by the applicant), or in the order of information interaction (if the documents that contain such an error and on the basis of which information is entered into the state real estate cadastre are documents received by the cadastral registration body in the order of information interaction) or on the basis of entered into legal force court decision to correct such an error."

In 2008, a letter from Rosnedvizhimost was issued, which is no longer valid, which also contained the concept of “cadastral error” - an error made when determining the coordinates of characteristic points of the boundaries of a land plot and reproduced in the state real estate cadastre.

Lawyer for land issues: “The Law “On Cadastre” indicates that there is no direct possibility to exclude from the state. real estate cadastre description of the boundaries of land plots. At the same time, there are opportunities to correct cadastral errors.”

There are different situations and so are solutions to cadastral errors. For example, land lawyers are faced with cases where there are land plots whose actual boundaries do not coincide with the legal ones, i.e. It is impossible to correct the boundaries of one area without “moving” the boundaries of other areas.

We will try to note positions that have previously occurred in the practice of considering land disputes related to the possibility of invalidating the results of land surveying and excluding them from the State Property Committee, correcting a cadastral error without correcting errors in the description of the boundaries of adjacent plots.

Statement of claim to invalidate the survey results.

What to include in statement of claim in the pleading part. It should be noted that in the practice of a lawyer land disputes Over time, these formulations have changed. At one time, many lawyers asked to invalidate the results of land surveying of one or more land plots.

Let us turn to the practice of the Supreme Court of the Russian Federation, approved on July 2, 2014, regarding disputesdetermination of the boundaries of a land plot, which arise when considering cases related to horticultural, gardening and dacha non-profit associations, for 2010 - 2013.

Based on this practice of the RF Armed Forces, we can say the following:if the boundaries of the land plots of the plaintiffs or defendants are indicated in the State Property Committee based on the results of land surveying (cadastral work), requirements for recognition of these works as invalid not stated, the courts, when resolving the dispute, were guided by the indicated boundaries.
It should also be recognized as correct the position of the courts, according to which the parties’ arguments about disagreement with survey results in the absence of properly stated claims to invalidate them cannot be taken into account.

Surveying (guidelines for carrying out surveying of land management objects, approved by Roszemkadastr on February 17, 2003) - work to establish boundaries on the ground municipalities and other administrative-territorial entities, the boundaries of land plots with the fixation of such boundaries by boundary signs and the determination of their coordinates.

The result of land surveying (based on Articles 32, 33, 37 of the Law “On Cadastre”) - boundary plan, technical plan or inspection report.

Consequently, the result of land surveying and cadastral work is land management and a land survey plan, respectively. dispute specified documents in practice it should not be, since it technical documents. Another question is that these documents may contain the basis documents on the basis of which the land survey took place.

If a cadastral error is made, then in this case the rights of the plaintiff are violated by the fact that there is an erroneous description of the location of the border of the land plot in the state real estate cadastre, i.e. we ask the court, for example, the Basmanny Court of Moscow, to invalidate and exclude it from the state real estate cadastre.

In general, it can be noted that it is important to indicate what is needed in the statement of claim.

Disputes about the boundaries of adjacent land plots are disputes between users of land plots on different laws(ownership, lease, etc.) for a certain part of the land plot.

The purpose of resolving a land dispute over the boundaries of a plot is to be able to establish where the boundary between the land plots of the parties to the litigation should lie (establishing the boundary in court).

Let us dwell on paragraph 2 of the joint resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 and the Plenum of the Supreme Court Arbitration Court RF No. 22 of April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other real rights”, a claim for establishing the boundaries of a land plot is directly related to claims for rights to real estate.

Let us dwell on one example, where lawyers in land disputes established the boundaries of a land plot, challenged the act of approving the layout of the site, decisions and actions for registration with the state cadastral register. And municipal authorities(RF Supreme Court 10/07/2015 case No. 305-KG15-7535):

in paragraphs 52, 53, 56 of Resolution 10/22:

“It follows that a claim aimed at challenging the legality of establishing a boundary or, in general, cadastral registration of an adjacent (intersecting) plot should be considered in a lawsuit. ...The court of first instance, when resolving the dispute, rightfully pointed out that when the intersection (overlap) of land plots, information about the boundaries of one of which is included in the state real estate cadastre, and the other is subject to clarification, then the applicant’s claims in this case are subject to consideration according to the rules claim proceedings as a requirement to establish the boundaries of a land plot."

Article 12 of the Civil Code of the Russian Federation provides for ways to protect civil law: 1) restore the situation that existed before the violation of the law; 2) stop actions that violate rights or create threats of violation.

As for the land plots in paragraph 2 of Art. 60 of the Land Code of the Russian Federation states that actions that violate the land rights of subjects of law or create a threat of their violation can be suppressed by restoring the situation that existed before the violation of the right and suppressing actions that violate the right or create a threat of its violation.

Supreme Court of the Russian Federation in its ruling dated October 20, 2015 No. 23-KG15-5 on one of the cases: “Choice of a method of protection civil rights is the prerogative of the plaintiff." This, however, does not mean that the plaintiff is completely free to choose any method of defense at his discretion. The method chosen by the plaintiff to protect the right to a land plot must correspond to the nature of the disputed legal relationship that has arisen and ensure the restoration of the violated right. This method of protection can be used if other methods do not lead to a faster and more effective restoration of the plaintiff’s violated right.

In cases where, due to the circumstances of the case, it is impossible to correct an erroneous description of the location of the boundaries of a neighbor’s land plot, it seems to me correct to invalidate such a description of the boundaries and exclude them from the state real estate cadastre. This will be the use of such a method of protecting civil rights as restoring the situation that existed before the violation of the plaintiff’s right to his land plot. This method of protection will correspond to the disputed legal relationship and will ensure the restoration of the violated right of the plaintiff.

Regarding one of the disputes regarding the establishment of an adjacent boundary of land plots, the reclaiming of a part of a land plot, the obligation to move a fence, the Supreme Court of the Russian Federation in its ruling dated November 24, 2015 No. 58-KG15-14 indicated: “The lack of agreement on the boundaries of the defendant’s land plot with the plaintiff may indicate invalidity of the results of land surveying by Kuznetsova E.V. At the same time, the court has the right to assess this circumstance when considering a dispute about establishing boundaries, which does not require the plaintiff to independently challenge the land management case or the actions of the cadastral engineer. The claims made by the plaintiff are within the framework of such a method of defense as restoration of the situation that existed before the violation of the right to a land plot, and the suppression of actions that violate the right to a land plot or create a threat of its violation (Article 60 of the Land Code of the Russian Federation).”

Presidium of Moscow regional court in the resolution of October 21, 2015 No. 513 in the case of exclusion from the state real estate cadastre of information about the location of the boundaries of a land plot, he indicated that “... the plaintiffs chose a method of protecting the violated right by filing a claim for exclusion from GKN information on the location of the boundaries of the land plot, which does not contradict the norms of the current legislation.”

Invalidation and exclusion from the state real estate cadastre of an erroneous description of the location of the boundaries of a land plot does not constitute a correction of a cadastral error in the information in accordance with Art. 28 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”. This is a separate and independent method of protection, although it is used in connection with the presence of a cadastral error.

For example, in the resolution of the Presidium of the Moscow Regional Court dated August 5, 2015 No. 367 in the case of failure to interfere with the installation of a fence in accordance with the cadastral boundaries of a land plot, the obligation to move the building was given the following explanation: “Within the meaning of the above provisions of paragraphs. 1 and 4 tbsp. 28 of the Federal Law “On the State Real Estate Cadastre”, an error reproduced in the state real estate cadastre, made by a person performing territorial land management work regarding the location of the border (coordinates of characteristic border points) of a land plot, is a cadastral error and in the event of a dispute about the correctness of the description boundaries, the basis for making the necessary changes to the information of the State Property Committee on the location of the land plot will be a court decision to establish the disputed boundaries of the plot in specific coordinates.
IN in this case, while resolving the dispute and satisfying, as indicated by the court, partially the counterclaims of P.N., the court did not actually resolve the dispute on the merits, did not establish the adjacent border of the parties’ land plots, which was what their claims were stated, and did not include information about their changes in the data GKN, i.e. did not correct the cadastral error, but completely excluded from the State Property Committee information about the description of the boundaries of plot No. 122, owned by the plaintiff, and plot No. 126, owned by the defendant.
This decision is not based on the above standards substantive law, which do not provide, as a method of correcting a cadastral error, when one is established, the exclusion of information about the location of the boundaries of a land plot from the state real estate cadastre.
The court also committed violations of the norms procedural law, which significantly influenced the outcome of the decision.
In accordance with Part 3 of Art. 196 of the Code of Civil Procedure of the Russian Federation, the court makes a decision on the claims stated by the plaintiff. The court may go beyond the stated requirements in cases provided for by federal law.
In connection with the dispute that arose between the parties, no demands were made to invalidate and exclude from the State Property Code information on the description of the location of all boundaries of the parties' plots, just as no demands were made to invalidate the results of land surveying.
Having resolved the dispute by excluding from the State Property Code information about the description of the location of the boundaries of land plots, the court without legal grounds went beyond the stated requirements of the parties.”

Restoring the situation that existed before the violation of the law by invalidating and excluding from the state real estate cadastre an erroneous description of the location of the boundaries of a land plot is due to the existence of a dispute about the boundaries of land plots. Therefore, how general rule, it must be applied in connection with and simultaneously with a claim to establish the boundaries of a land plot. I must admit that the question of the relationship between these methods of protecting civil rights requires more detailed and in-depth theoretical study. Now I express my opinion based only on considerations of practical expediency.

In paragraph 1 of the Bulletin of Judicial Practice of the Moscow Regional Court for the first quarter of 2015 (approved by the Presidium of the Moscow Regional Court on June 17, 2015) the following example is given: “S. filed a claim against V. to exclude from the State Property Code information about the coordinates of the turning points of the boundaries of the land plots owned by the defendant, asked to establish the coordinates of the turning points of the land plot belonging to her, and also to recognize the defendant’s residential building as subject to transfer from the border separating their plots.
She motivated the claim by the fact that during the land surveying work on her plot, an overlap of the cadastral boundaries of the defendant’s land plots with her plot was established, which is an obstacle to the registration of the plaintiff’s plot with cadastral registration. At the same time, she did not sign the act of approving the boundaries of the defendant’s plots, and the cadastral boundaries do not correspond to actual use.
…Expert opinion due to a cadastral error, it was established that the cadastral boundaries of the defendant’s land plots overlap the actual boundaries of the plaintiff’s plot with a shift of 9 meters relative to their actual location.
Refusing S.'s claim regarding the exclusion from the State Property Code of information about the boundaries of plots owned by the defendant and establishing the coordinates of the turning points of the plaintiff's land plot, the court came to the conclusion that the plaintiff had chosen the wrong way to protect the violated right, since the cadastral error can be corrected by making appropriate changes to the State Tax Code information.
The court agreed with this conclusion appellate court, indicating that the boundaries of the plaintiff’s land plot have not been established, and her title documents do not contain information about the location of the boundaries of the land plot.
Canceling court rulings in this case, the presidium pointed out the incorrect application by the courts of substantive law: paragraphs. 4 paragraphs 2 art. 60 of the Land Code of the Russian Federation, by virtue of which the plaintiff, being the owner of a land plot, has the right to demand the elimination of any violations in the possession, use and disposal of the plot belonging to her.
...The court also did not take into account that S. asked to establish the coordinates of the turning points of the land plot owned by her, which would have made it possible to enter information about her plot into the State Property Committee and this method protection of rights does not contradict the requirements of current legislation.”

It should be noted that this is relative. Practices are changing. Tomorrow, land disputes may present us with new “nuances”.

Land surveying is a type of geodetic work, through which the boundaries and size of a land plot are determined.

The need to challenge the results of land surveying arises when one of the neighbors comes to the conclusion that their rights are being infringed by existing borders. This problem cannot be solved solely through negotiations (as well as conflicts and verbal battles), since changing the boundaries of a land plot is a legal event.

Main points of the dispute

The owner of the land has the right to challenge the results of land surveying if he decides that his property right has been violated (in other words, if the border of a neighbor’s land plot “intrudes” into his property).

At the same time, not only the “title” owner (i.e. the person for whom the property right is registered) can act as a plaintiff, but also:

  • heir to land;
  • person who owns the land by right unlimited use, lifelong inheritable possession (Articles 265, 268 Civil Code).

Challenging is carried out in the manner of claim proceedings (i.e. by filing a claim in court). These cases are considered in the district court at the location of the disputed territory (Articles 24, 30 of the Civil Procedure Code)

When do disputes with neighbors arise?

  • name of the court;
  • plaintiff and defendant, their place of residence;
  • claims - what is the violation of the plaintiff’s rights;
  • the circumstances on which the claims are based;
  • list of attached documents.

The claim must be signed. An unsigned document will be returned to the court without consideration.

Example of a claim:

“To the N-sky district court of the M-region.

Plaintiff: Nikolaev Nikolay Nikolaevich, address:...

Defendant: Yakovlev Yakov Yakovlevich, address:...

Statement of claim to challenge the boundaries of a land plot.

I, Nikolaev Nikolay Nikolaevich, am the owner of a land plot with cadastral number..., with a total area of... m square. Citizen Yakovlev Yakov Yakovlevich owns a land plot adjacent to mine with cadastral number..., with a total area of... m square, which is confirmed by a public cadastral map.

The boundary work was carried out on __.__.____ by cadastral engineer Ivan Petrovich Kuznetsov.

Starting from __.__.____, the Defendant - Yakovlev Yakov Yakovlevich, by his actions violates the boundaries of the land plot that belongs to me (indicate what the violation consists of - an outbuilding was erected, a fence was moved, etc.). The Defendant justifies his actions by the repeated land survey carried out on __.__.____.

In accordance with the above, guided by Art. Art. 24, 131 Civil procedural code Russian Federation, please: determine the boundaries of the land plot that belongs to me, cadastral number...”

Statute of limitations for claims challenging land surveying

IN general case, term limitation period is 3 years from the date when the dispute arose about the boundaries of the land plot.

However, in this case, you can not use total term limitation period, referring to Art. 209 Civil Code. Based on this rule, the three-year period does not apply to claims to eliminate violations of the owner’s rights that are not related to deprivation of possession (i.e., just our case - one person arbitrarily occupied part of the land plot of another).

Court decision to cancel survey results

The court's decision is stated in writing, signed by the judge who considered the case.

First, the court issues only the operative part (i.e., indicates what it has decided), and after 5 days it draws up the full text of the decision, with links to the legislation justifying the decision.

In force the decision district court comes into effect 1 month after it was drawn up in full form (unless, of course, it was appealed to a higher court)

Conclusion

Unfortunately, disputes between owners of land plots regarding the definition of their boundaries arise very often. This is perhaps one of the most common “everyday” types of disputes resolved in court. Courts cost the parties time and money court expenses, and sometimes - damaged nerves.