The area of the earth does not match / Photo Pixabay
Discrepancies between the area of a land plot in a state act and the data of the State Land Cadastre are one of the most common problems among landowners. Lawyer Zhanna Shleychenko explained why such situations arise and how to properly resolve them.
Why the area in documents may vary
Lawyer Zhanna Shleichenko told Channel 24 in a comment that the situation where a paper state act indicates one area for a land plot, and another in the electronic State Land Cadastre (SLC), occurs frequently. The value of the area itself is the most common case among other discrepancies in information.
Zhanna Shleichenko
JSC ETERNIX lawyer Zhanna Shleichenko
The reasons may be different: a consequence of changing coordinate systems, errors of the previous geodetic equipment (currently it is more accurate), technical errors made as a result of transferring information about a land plot that was not registered in the State Register.
The lawyer notes that the correction of errors made during the maintenance of the State Land Cadastre is provided for by the norms of Article 37 of the Law of Ukraine “On the State Land Cadastre” and by separate paragraphs of the Procedure for Maintaining the State Land Cadastre, approved by Resolution of the Cabinet of Ministers of Ukraine dated October 17, 2012 No. 1051.
How to fix document mismatches
To resolve such a situation, according to Zhanna Shleichenko, the only really effective mechanism remains the actual re-conducting of land surveying works, for which it is necessary to contact a certified land surveying engineer, during which:
- a certified land surveyor corrects the relevant information;
- generates updated cadastral plans of the land plot in electronic form;
- their CEP certifies;
- sends to the State Land Cadastre by means of the State Land Cadastre software and/or by means specified in the Procedure,
- After the inspection, the state cadastral registrar enters the corrected information about the area into the State Cadastral Registry and draws up a protocol in the form according to the Procedure.
Therefore, correction of errors in the State Land Cadastre information by any other means, except for re-production of land management documentation, cannot be carried out, since this does not meet the requirements of the Law of Ukraine “On the State Land Cadastre”,
– the lawyer notes.
Important! According to Zhanna Shleichenko, it is not worth leaving discrepancies in the information between the State Land Cadastre and the state act on the land plot unresolved. In the future, the presence of such discrepancies may complicate the performance of any notarial actions or the transfer of the land plot for lease.