Revision of land survey records

Background

The owner of a capital construction facility has leased a land plot. The tenant of the adjacent land plot conducted the area landmarking and, while in process of cadastral work, revealed intersection of the contour of our principal’s building with the borders of the adjacent land plot, i.d. the building overlays on the adjacent land plot. The tenant of the adjacent land plot has submitted to our client the requirement to demolish the part of the building or to pay for "compensation". The owner of the building, refusing to pay the tenant an unreasonable amount of "compensation", turned to the CG for advice.

The case

As a result of the analysis, the information for the State cadastral registration of the land plot was introduced with a minimal accuracy before the appearance of the high-precision method for determining the coordinates. This led to the problem of inconsistency between the actual location of the boundaries of the land plot and the contour of the buildings and the information of the USRIP.  That is, the error of keeping records led to the fact that although the building of our principal actually did not reside on the land plot of the adjacent tenant, according to ROSREESTR, the overlay was still reflected in the USRIP.

The CG experts prepared the project documentation for making the adjustments to the area landmarking project of the quarter, where the disputed land plot is located. Thanks to the project documentation we were able to substantiate the CPD (the City Property Department) with the actual location of the boundaries of the land plots and the need to approve the adjustment.

As a result of the work performed our principal was able to obtain an extract from the USRIP specifying the boundaries of the land plot, beyond which the boundaries of the building of the capital construction facility did not extend.  Finally, there was no more need to pay "compensation" to the adjacent tenant.

Why is it of importance?

The dispute was solved in an legislative manner without a trial and in shortest time posiible. It was also important to prevent the introduction of a capital construction facility into the Decree of the Government of Moscow dated December 11, 2013 №819 "On approval of the Regulations on the interaction of the executive authorities of the city of Moscow when organizing work to identify and restrain the illegal (non-purpose) use of land plots."

Cadastral works are actively conducted by owners of buildings and tenants of land plots in order to bring their real estate facilities in compliance with the requirements of the land legislation. As a result, many are confronted with border crossing and overlaying of buildings on adjacent land plots, as well as access to the "red lines" (road network).  Disputes arise between adjacents. In addition, the State Inspectorate for Supervision of real estate of the City of Moscow may treat the overlaying of buildings on the "red lines" (road network) as land seizuring and even recognize the capital construction facility as the unauthorized construction, as it is located on the land not provided for the construction of this facility.  Since most of the territory of the city of Moscow today is designed by the area landmarking projects and the territory planning projects, iowners and tenants of land plots are not allowed to conduct any changes to the boundaries of the land plots. The CG Company experts go by adjusting the area landmarking project, providing reasons for emending inaccuracies when incorporated in the SREC (the State Real Estate Cadastral) initial information, approving the amendments in the City Property Department and clarifying the boundaries of the land plot and the contour of the building according to their actual location.