Krasnodar, 23 January – Yug Times. Our today’s interviewee is Ivan Sulim, Director of the Cadastral Chamber in Krasnodar territory.
Q.: How the real estate owner can be sure that some unknown persons would not conclude a remote deal with his property?
A.: To let a remote deal occur, the owner must express his consent in the ‘traditional’ paper way by submitting a request to enter the respective record in the Unified State Register of Taxpayers. If this Register has the owner’s email or postal address, when any electronic documents arrive, the registration agency will notify him of it on the same day. If a deal was really planned, the owner will be convinced that the requested documents have in fact arrived. If no, he will know that some third persons attempted to strike a deal without him.
Q.: What should the owner do if the boundaries of his land plot were not approved with his neighbours, and now he is facing that neighbour’s claims that he considers unjustified?
A.: If the land owner disagrees with the location of the boundaries of his plot and he cannot resolve the dispute with his neighbour, he should submit his objections in writing to the cadastral engineer. The latter will register them in the approval report, and the original copies of these objections will become an integral part of the land delimitation plan. In case of substantiated objections, the registration agency is entitled to suspend the registration activity. In case of discrepancies, the neighbours should go to court. In that case, the engineer who performed the delimitation work may also be engaged in the process as the third party.
Q.: Now many complex cadastral activities are performed in Russia to reveal and register all land plots of gardeners’ noncommercial partnerships, horticultural cooperatives, etc. How does it affect the owners of these plots?
A.: Data collection and analysis in the course of complex cadastral activities make it possible to detect and eliminate cases of crossing of the boundaries and, in certain cases, encroachment of lands, as well as possible errors committed during registration. The latter is the most widespread reason owing to which gardeners cannot register their land properties and general use lands according to law. If during the complex cadastral activities performed by order of local authorities it becomes clear that the really used area of the land parcel is bigger than provided by the Unified State Register of Taxpayers, the difference may be legalised. It is noteworthy that amendments must not be treated as an opportunity to enlarge the area of somebody’s land parcel. If a citizen has used this area for 15 years, it may be reckoned as his property, but if he decided to abuse his property right just before state registration and expanded his parcel, this will not be legalised.
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