To correct an error made in the certificate of ownership, an application should be submitted in the prescribed form to the territorial department of Rosreestr. If the correction of such an error is denied, then the applicant should go to court.
A mistake made by the registering authority in the certificate of ownership may cause interference that the owner will encounter when trying to dispose of his property. That is why the legislation provides for the possibility of correcting technical errors when they are detected.
The procedure for such correction is regulated by Article 21 of Federal Law No. 122-FZ dated July 21, 1997. In this case, the error is corrected in the same way, regardless of the subject who discovered it. So, officials of the registering authority can find it on their own, as well as receive information from the owner himself, other interested parties.
How is the error corrected when discovered by the owner?
If the owner of the property discovered that a technical error was made in his certificate of ownership, then he should contact the territorial authority of Rosreestr with a corresponding statement. The application forms are approved, therefore it will not be possible to submit information about inaccuracies in a free form. In this case, the application can be submitted directly to the specialist of the relevant territorial department or sent in electronic form.
If the information provided in the application is confirmed, then the authorized body is obliged to correct the detected error within three days from the date of the owner's request. A similar period for eliminating inaccuracies is set for those cases when they are discovered by officials of the territorial body of Rosreestr itself.
What to do if a bug is refused?
In some cases, the authorized bodies refuse to satisfy the application for correcting an error in the certificate of ownership. Such a situation may arise when the independent elimination of the error by the authorized body can lead to a violation of the rights of other persons. In this case, the owner should apply to a court of general jurisdiction (for a citizen) or an arbitration court (for an entrepreneur, legal entity).
After the decision of the court, the error in the certificate of ownership will be corrected on the basis of this judicial act. Not only the owners themselves, but also the authorized bodies have the right to apply to the judicial authorities with the relevant requirements. Therefore, in case of an independent identification of an error that cannot be corrected in the general procedure, the corresponding department of Rosreestr also submits an application to the court.
