Main points
- Errors in the State Land Cadastre can lead to overlapping land plots, which complicates their registration and disposal.
- Correction of errors is possible with the consent of neighbors and by developing technical documentation, but in case of disputes, issues are resolved in court.
Errors within the site / Photo Unsplash
Quite often, an error in information about a land plot in the State Land Cadastre is the discrepancy between its coordinates and the actual boundaries. They are entered into the State Land Cadastre, to its actual location on the ground.
What is “overlapping of areas” and what are the risks?
The consequence of errors is such a phenomenon as the intersection of two or more land plots or their overlapping, reports 24 Channel with reference to the “Land Fund of Ukraine”. This occurs when, according to two or more different land management documents, the same plot of land, located on a certain segment, actually occupies the territory of another or part of it, as a rule, a neighboring land plot, sometimes several.
Please note! According to the legislation, one of the grounds for refusal to conduct state registration of a land plot is the location within the boundaries of the land plot subject to registration of another land plot or its part. In this case, the owner will not be able to obtain a cadastral number, which is mandatory in the event of alienation of the land plot. This means that in the absence of such a number, a person cannot fully dispose of his property: sell, donate a land plot or a house or other structure located on such a plot.
On residential and public development lands (for example, under an individual residential building), such an “error” is a source of boundary disputes and the impossibility of full use of the land plot.
With the opening of the land market, Ukrainian citizens have intensified the procedure for state registration of land plots belonging to them by right of ownership. It is at this stage that some land owners face the problem of the intersection of their land plots with neighboring land plots in whole or in part.
Why does overlapping occur?
The most common reason for overlapping land plots in the State Land Cadastre (applies to land plots that were formed before 2013 and for which title documents for the right of use or ownership have been issued):
- errors made when transferring information about land plots from the State Land Register to the State Land Cadastre; errors detected in determining the areas and/or boundaries of land plots (location within the boundaries of a land plot of part of another land plot;
- inconsistency of the boundaries of the land plot indicated in the State Land Register with its actual boundaries;
- discrepancy between the area of the land plot indicated in the State Land Register and its actual area due to changes in calculation methods (rounding);
- assigning the same cadastral numbers to several land plots.
Such errors, with the consent of the owner of the land plot, the user of the land plot of state or municipal ownership, can be corrected on the basis of technical documentation on land management regarding the establishment (restoration) of the boundaries of the land plot in nature (on the ground) or based on land inventory materials.
Changing the boundaries of a land plot when correcting the specified errors is permitted with the written consent of the persons who own the right of ownership (and, in the case of state and municipal property, the right of use) to adjacent land plots.
Important! The lack of consent of the owner of the land plot, the user of the land plot of state or municipal ownership to correct the specified errors is not a basis for refusing to transfer information about the relevant land plot to the State Land Cadastre, or to provide information about the land plot from the State Land Cadastre.
Why are overlay errors quite common?
There are not infrequent cases when entire blocks (blocks) of land plots are entered with a certain distance offset or in other districts and regions. In such cases, correction of the error is possible after the development of technical documentation on the inventory of lands of the relevant settlement or part of the ATC.
The reason for the overlap of land plots today is:
- use of different coordinate systems (occurs when one land plot is registered in the 1963 coordinate system (SK63), and another land plot is entered in the coordinate system of the State Geodetic Reference Coordinate System USK-2000);
- there is no information about the performance of similar works by another land management organization on the same land plot (duplication);
- there is no information about the boundaries of the formed and registered adjacent land plot (due to the fact that the Public Cadastral Map of Ukraine is not working).
Please note! Each case of overlap is considered by the developer of land management documentation individually and, in agreement with the customer, the optimal solution to the specified issue is adopted. In the event that a compromise cannot be reached between the owners of land plots in accordance with Article 158 of the Land Code of Ukraine, land disputes are resolved in court.
What is the cost of assigning a cadastral number to land in 2026?
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Assigning a cadastral number to a land plot is a mandatory procedure for carrying out land transactions in Ukraine.
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The final cost of documentation for obtaining a cadastral number can range from 2 to 30 thousand hryvnias, depending on the area of the plot and the region.