Land litigation. Practice of application of land legislation. Boundary imposition dispute

The relevance of the issues that currently arise when considering land disputes is associated with the adoption of the new Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation), which came into force on October 30, 2001.

The main task of the new Code is to bring land legislation into line with the existing economic and social situation, to stabilize agricultural, urban planning and other land-related relations in Russia.

The adoption of the new Land Code of the Russian Federation has largely changed the order of legal regulation of civil circulation of such an important piece of real estate as land plots. The institutions of land ownership, limited real rights, obligatory rights to use land began to operate, and a new procedure for the emergence, change and termination of these rights appeared. In addition, the Land Code of the Russian Federation has established a system for the protection of land rights and a procedure for considering land disputes.

Currently, identifying issues related to the application of the new Land Code of the Russian Federation, as well as developing the practice of its application, is becoming relevant.

In preparing this publication, cases considered by the Federal Arbitration Court of the North Caucasus District in the period from October 2001 to March 2003 inclusive were analyzed.

What and how to do to win a dispute about the boundaries of a land plot in court? I will share my experience.

It is clear that I cannot describe all situations. Therefore, I will dwell, in my opinion, on more important and problematic issues.

1. Before filing a lawsuit, collect as much evidence as possible about the location of the boundaries of your land plot. First of all, planning and cartographic materials are needed.

In accordance with Part 1 of Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

Often, due to the lack of evidence, it is immediately clear that the case will not be won. And going to court at random in such cases is not a cheap pleasure.

Evidence may be situational site plans from the local BTI, situational plans of a settlement from the local administration or district department of architecture, land management files and boundary plans for land plots, a master plan or other documents on the territorial planning of a settlement, a project for the organization and development of the territory (master plan , planning project) of a horticultural, gardening or dacha non-profit association and other documents confirming the location of the boundaries.

On this matter, the Supreme Court of the Russian Federation in section “2.9. Disputes regarding the determination of the boundaries of land plots" of the Review of judicial practice on issues arising in the consideration of cases related to horticultural, gardening and dacha non-profit associations for 2010 - 2013 (approved by the Presidium of the Supreme Court of the Russian Federation on July 2, 2014) explained the following: "Establishment location of the disputed boundary of the site is carried out by the court by comparing the actual area with that indicated in the title documents (primary land allotment documents) using natural or artificial landmarks existing on the ground (perennial plantings, residential buildings, utility and domestic buildings, pipelines, etc.), provided that they are recorded in measurement plans of technical inventory bodies, topographic surveys or other documents reflecting previously existing actual boundaries.”

2. Contact a cadastral engineer to prepare a boundary plan or conclusion showing the boundaries of your land plot or showing the overlap of the boundaries of disputed areas. The choice between which of these documents to prepare depends on the specific circumstances of the case and it is impossible to give precise recommendations here.

A boundary plan or a cadastral engineer’s conclusion will help you better understand the situation, assess the judicial prospects of the case, help you decide which claim to go to court with, who will be the defendant and third parties in this claim. And perhaps these documents will help you further challenge the expert’s opinion on the case.

From the boundary plan or the conclusion of the cadastral engineer, you can take the coordinates of the characteristic points of the boundaries of the land plot, which must be indicated in the pleading part of the statement of claim, for example, in a claim to establish the boundaries of a land plot.

In practice, judges leave motionless and offer to correct statements of claim if they do not indicate the coordinates of characteristic points of the boundaries of the site claimed by the plaintiff, that is, in fact, the plaintiff does not indicate specific demands on the defendant.

3. After the court accepts the claim, prepare and submit to the court a petition to appoint a land management examination in the case. In this application, indicate your questions for examination and the candidacy of the desired expert. Attach copies of documents on the education and qualifications of your expert to your application.

By virtue of Part 1 of Art. 79 of the Code of Civil Procedure of the Russian Federation, when issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination.

However, do not expect the court itself to order an examination at the expense of the budget. Will not work. If you must prove circumstances that an examination can establish, then it is you who must file a petition to appoint an examination in the case. Once a man came to me for a consultation who lost his case only because he provided the court with a pre-trial conclusion of a municipal enterprise as evidence and did not ask the court to appoint a land management examination in the case.

According to Part 2 of Art. 79 of the Code of Civil Procedure of the Russian Federation, each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must provide reasons for rejecting the proposed questions. The parties and other persons participating in the case have the right to ask the court to order an examination at a specific forensic institution or to entrust it to a specific expert; challenge the expert; formulate questions for the expert; familiarize yourself with the court’s ruling on the appointment of an expert examination and the questions formulated therein; get acquainted with the expert’s opinion; petition the court to order a repeated, additional, comprehensive or commission examination.

The reality is that judges entrust land management examinations to cadastral engineers whom they know and with whom they constantly work. Because of this, in practice it is almost impossible to obtain a re-examination. The judge will not admit the incompetence or interest of his expert. And the judge does not want to delay the case for several more months to conduct a re-examination.

Despite this, your right to ask the court to order an examination at a specific forensic institution or to entrust it to a specific expert must be used. To do this, first find out from the desired specialist his place of work, the cost and timing of the examination, get from him copies of documents on education and qualifications (diploma of education, qualification certificate of a cadastral engineer, certificate of advanced training, etc.).

4. When an expert conducts an inspection and measurements of disputed land plots, try to convey your position to him. Draw the expert's attention to objects on the ground, for example, the remains of fences, which confirm your position. Ask to record these objects.

If necessary, describe to the expert your option for establishing the boundaries of the land plot and ask that your option be reflected in the expert report.

In accordance with Art. 24 of the Federal Law of May 31, 2001 No. 73-FZ (as amended on March 8, 2015) “On state forensic activity in the Russian Federation”, participants in the process present during the forensic examination do not have the right to interfere with the course of research, but can give explanations and ask questions to the expert related to the subject of the forensic examination.

Upon completion of site measurements, check with the expert when he will prepare and submit an expert report to the court.

5. After the time has passed during which the expert must prepare his report, find out from him or the assistant judge whether the case with the expert report has been submitted to the court.

As a rule, judges schedule the next court hearing 2-3 weeks after the court receives a case with an expert’s opinion. And often this court hearing is the last. Therefore, your task is to familiarize yourself with the expert opinion as early as possible so that, if necessary, you have time to prepare to challenge this opinion.

6. If necessary, clarify your statement of claim taking into account the conclusion of the land management examination, if you agree with this conclusion.

7. If you consider the expert opinion to be incomplete or incorrect and unfounded, then prepare and submit to the court a written petition to order an additional or repeated examination in the case, respectively.

According to Art. 87 of the Code of Civil Procedure of the Russian Federation, in cases of insufficient clarity or incompleteness of the expert’s conclusion, the court may order an additional examination, entrusting it to the same or another expert. In connection with doubts that have arisen about the correctness or validity of a previously given conclusion, or the presence of contradictions in the conclusions of several experts, the court may order a repeat examination on the same issues, the conduct of which is entrusted to another expert or other experts.

Order a review of the expert’s opinion from another specialist. Attach this review to your request for an additional or re-examination.

Unfortunately, in practice, judges extremely rarely take into account a review of an expert’s opinion by a third-party specialist. But in such situations there is usually no other way out. Since the expert’s conclusion contains research in the field of land management, this conclusion must be assessed by another specialist competent in the field of land management.

It is advisable to invite this specialist to the court hearing to substantiate the review of the expert’s report prepared by him.

8. If you believe that, according to the expert’s conclusion, there are questions that can be resolved without conducting an additional or repeated examination, then prepare and submit to the court a petition to summon and question the expert. Indicate in your petition the questions that you have for the expert so that the judge has no reason to deny your petition.

In accordance with Part 1 of Art. 187 of the Code of Civil Procedure of the Russian Federation, the expert’s opinion is announced at the court hearing. In order to clarify and supplement the conclusion, questions may be asked to the expert.

By questioning an expert, you can obtain the necessary clarifications and additional justification for the conclusions you need, or, on the contrary, confirm doubts about the correctness and validity of the conclusion.

However, you must carefully prepare for questioning an expert. Remember that an expert is a specialist in his field. I have seen more than once how experts easily deal with dissatisfied plaintiffs or defendants. Therefore, it is better not to ask an expert questions if you are not sure what answers you will receive.

9. Finally, some general recommendations. Submit all more or less important petitions and other procedural documents in writing. Sometimes at a court hearing, judges refuse to accept these documents into the case. In this case, you need to submit them through the court reception.

All planning and cartographic materials confirming the location of the boundaries of the disputed land plots must be submitted to the court for inclusion in the case before the appointment of a land management examination. Such documents, added to the case after the examination, will most likely remain dead weight.

If possible, familiarize yourself with the minutes of the court hearing and bring comments to it, if any.

In general, present all your evidence to the court before making a decision on the case. It will be too late to refer to new evidence on appeal.

By virtue of Part 1 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, additional evidence is accepted by the court of appeal if the person participating in the case has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid.

According to my observations, about 90% of court decisions on land disputes about boundaries are left unchanged by appellate courts. And not because district and city courts work well.

The outcome of the consideration of a boundary dispute almost entirely depends on the land management examination. To cancel or change a court decision, as a rule, another forensic report is needed. The judges of the appellate court have neither the time nor the desire to delay the consideration of the case and order additional or repeated examinations on it.

In general, do all the work of proof in the court of first instance, even if it obviously seems to you that the decision will be in your favor.

Need help on this topic? Make an appointment by phone: +7 906 074 76 14.

Sincerely,
lawyer Makoveev Sergey Ivanovich

Legal relations related to the ownership, use and other rights to plots of land are regulated by both the Civil and Land Code and a number of special regulations. Where can land disputes be considered?

What is a land dispute

Disagreements between participants in legal relations regarding the exercise of their rights to plots, which have their own resolution procedure, are called land disputes in law and in practice. Conventionally, they can be classified into several varieties:

• land disputes that are considered through pre-trial conflict resolution;
• those permitted in courtrooms;
• disputes submitted by its participants to arbitration.

Of course, it is much more profitable for the parties to clarify all their contradictions and come to a common denominator without turning to the courts. Thus, you can avoid the costs of state fees, representative services, and ordering additional documents. In a peaceful manner, the issue can be closed much faster than with the direct intervention of a judge.

However, the consideration of land disputes may not always be limited to the conflicting parties sending letters to each other, conducting telephone conversations, or organizing face-to-face meetings. If the contradictions do not settle, and, what is worse, begin to increase, it is simply impossible to do without judicial intervention.

Important! Some categories of litigation regarding land, as an object of real estate, are subject to trial only in court. directly establishes that disputes over plots of land are resolved in court. But under certain circumstances they can also be referred to arbitration courts.

Judicial authorities and protection of violated rights

Citizens and representatives of enterprises turn to the courts to resolve land disputes, most often by filing claims. But there are cases when applications of a different nature are filed: complaints about the actions (inactions) of authorized persons, bodies, institutions or an application to establish a legally significant fact.

It is important to understand which court you need to apply to: district, arbitration, or contact a magistrate. If jurisdiction and jurisdiction are incorrectly determined, the entire package of documents will be returned to the applicant for correct submission. This way you can lose a lot of time. To prevent this from happening, it is necessary to study in advance the specifics of resolving land disputes in court.

Competence of a magistrate

Thus, paragraph 7 of part 2 of article 23 of the Civil Procedure Code of the Russian Federation establishes that magistrates accept for consideration claims to determine the procedure for using property. Land belongs to the category of real estate. Therefore, if your rights, as a co-owner, regarding the use of the allotment are violated, then a statement must be written to the magistrate.

Important! Consideration of land disputes takes place before a magistrate only between the owners (other legal owners) of one plot of land. If there are disagreements between neighbors, then such a dispute is beyond the jurisdiction of justices of the peace.

For example, citizen A and citizen B are the legal owners of one plot of land. Their personal relationships are not developing in the best way, and such owners cannot peacefully determine how to use one plot of land so as not to interfere with each other, not to violate the rights of everyone, and what actions need to be taken for this. Such a question often needs to be addressed to a magistrate.

The justice of the peace is determined by the location of the plot, and not by the place of registration of its legal owners, proprietors. You can find out the magistrate's precinct number and district using online services. It is enough to indicate the full address of the real estate in the request form, and the system will instantly provide all the necessary data.

You can also call the office of the court in your region, where you must be given an explanation of which section of the magistrate judge you need to submit documents to. Please remember that if you file a claim with someone other than the proper judge, all documentation will be returned.

District courts

Other land disputes are considered through claims proceedings in district courts. Such cases, in particular, include:

• determination of land boundaries;
• removing obstacles to their use;
• on the establishment of an easement;
• return of land from someone else's (illegal) possession;
• o recognition of the right to an allotment, as well as the change and termination of such rights;
• compulsion to perform one or another action in relation to an object of real estate, or to refrain from performing certain actions.

There are disputes that are not directly related to land, but arise from such legal relations. Thus, such categories of cases can safely include the establishment and compensation of losses if the land plot was seized from citizens for state needs or public purposes.

Determining the boundaries of nearby land is required if the owners cannot reliably determine where exactly the dividing line lies. This situation is especially relevant when both plots do not have exact coordinates (land surveying has not been carried out). To do this, most often in court, measures are taken to establish such coordinates and determine clear boundaries of the site so that a fence can be erected and not infringe on the rights of neighbors. This can be done in the district court by filing a claim against a neighbor who is opposed to determining the coordinates and bringing them to the area and, at the same time, may prevent another neighbor from using the site.

It happens that citizens use land without the consent of the owners. If such facts are discovered, and if the violators do not voluntarily leave the site, the owners have the right to apply to the district court to reclaim their property from someone else’s (illegal) possession. The issue of buildings that were erected by the defendants without the consent of the owners is also resolved there.

You can learn more about other types of land disputes from this video:

Arbitration courts

Agreements are often concluded between organizations, companies, enterprises, and individual entrepreneurs, the subject of which is certain actions related to real estate - including land plots. All disputes regarding such transactions must be considered in arbitration courts.

This state of affairs is due to the fact that all controversial and conflict situations in the field of entrepreneurial activity are resolved in arbitration courts. If one of the parties to the agreement is a citizen who does not have the status of an individual entrepreneur, then the statement of claim must be filed in a court of general jurisdiction.

Such judicial bodies have the right to accept controversial situations for proceedings:

• arising from land lease agreements;
• under agreements for free use of land;
• for transactions on trust management of real estate, etc.

In these cases, the rule on exclusive jurisdiction at the location of the site does not apply. It is necessary to refer to the contents of the contract, where contractual jurisdiction may be specified, or to consider the norms of the Arbitration Procedural Code of the Russian Federation:

• at the location of the defendant in the claim;
• at the choice of the applicant in strictly defined cases.

In each region of the Russian Federation there is one Arbitration Court of the republic, region, territory, etc., including in cities of federal significance.

Appeal and review of decisions on land disputes

Conflict resolution does not always end with a decision in the court of first instance.

If one of the parties to the dispute is not satisfied with the court’s decision, then the plaintiff or defendant has every right to appeal it in court:

• appellate instance (district court, district arbitration courts);
• further, if the requirements in the appeal are not satisfied, the appeal goes to cassation;
• by way of supervision...

Land disputes that are considered in court can last a very long time if all appeal and review procedures are initiated. The parties always have the right, before the issuance of a judicial act in the first instance, to enter into a settlement agreement on terms favorable to both the plaintiff and the defendant. But it is worth considering that if the terms of such an agreement are not fulfilled, the plaintiff can rightfully apply to the court for a document on its forced execution.

Land disputes and arbitration

Russian legislation allows land disputes to be considered in arbitration courts. This authority is an alternative body for resolving disagreements between the parties. The composition of such a body includes legal professionals (arbitrators) who are not judges from the state. That is, the arbitration court is a non-state institution. But with its help, the parties can achieve mutual agreement on the subject of the dispute.

After finding a compromise, the arbitration act is announced, which is subject to voluntary compliance by the parties on the dates and time periods specified in it. However, if you treat this document in bad faith, you can apply to state judicial authorities to enforce the arbitration court decision.

The judicial authorities are often approached with a demand for the restoration of their violated rights to land. If you have doubts about a particular issue, you can always contact a specialist - a lawyer.

Currently, often land plots, despite the fact that they are registered in the cadastral register and the rights to them belong to certain persons, and this is even confirmed by registration in the Unified State Register, do not have a proper description of their boundaries, cross their boundaries or even completely overlap other plots . According to data presented at the Presidium of the State Council in October 2012, up to half of the land plots do not have a proper description of boundaries.

It must be said that this problem, in general terms, is largely predetermined historically, including by the method of reforming the system of cadastral description and registration of rights to land plots, which was adopted in our country.

Specific methods of describing and establishing the boundaries of land plots for the purpose of legally fixing them as objects of civil rights largely depend on the achievements of science and technology (i.e. this is largely a technical issue) and the adopted system for recording objects and rights to them, whether local or centralized , declarative or inventory nature, etc. The reform carried out in our state in this area since the 70s of the 20th century. consists of consolidating information about all land plots created at different times, during the period of validity of various legislation, using various methods of determining boundaries, including various local coordinate systems, and sometimes without using them, into a single system of the state real estate cadastre. Of course, this is only possible by bringing all available information about the boundaries of land plots to a single denominator and filling in the missing data. A characteristic feature of this reform is that the construction of the real estate cadastre in general, as well as in terms of clarifying and completing missing information, eliminating contradictions in information about land plots, is based on the declarative principle. The legislator has practically abandoned the inventory of information on land plots previously provided for by the legislation on land management.

The described general direction of development of legislation on cadastral registration of land plots is manifested in the provisions of the current legislation on cadastral registration. Knowledge of these provisions and, most importantly, the ability to isolate the meaning from them allows one to overcome the dissonance that arises in the lawyer’s head between the doctrinal understanding of a land plot, its legislative definition (Article 11.1 of the Land Code of the Russian Federation) and the realities of everyday life, where land plots “without borders” are encountered at every step ".

The Law on the State Property Committee recognizes all land plots created before 03/01/2008 (the date of entry into force of this law) as previously registered (i.e., existing) and in the absence of information about them in the State Property Committee (Article 45 of the Law on the State Property Committee). For these land plots, a special procedure is provided for entering information about them into the State Property Committee, which differs from the cadastral registration of newly formed land plots - entering information about previously registered real estate objects (Part 1 of Article 16, Parts 3, 6, 7 of Article 45 of the Law on the State Property Committee , paragraphs 18, 21 of the Procedure for maintaining the state real estate cadastre, approved by order of the Ministry of Economic Development of Russia dated February 4, 2010 No. 42). The peculiarity of this procedure is that:

(1) it can be carried out either on the initiative of the cadastral authority in order to inventory information about objects of rights registered in the Unified State Register, or on the initiative of a person who considers himself the owner of the right to the relevant plot and confirms this right with written evidence issued during the period of formation (allocation) and provision of a land plot (clause 21 of the Procedure for maintaining the state real estate cadastre, approved by order of the Ministry of Economic Development of Russia dated 02/04/2010 No. 42, note 4 to column 6 “Date of entering the number in the State Property Committee” of the land plot cadastral passport form, approved by order of the Ministry of Economic Development of Russia dated 12/28/2012 No. 831);

(2) information about a previously registered land plot is entered into the State Property Committee “as is”, i.e. without carrying out a new survey and clarifying data on the boundaries of the site, without preparing a boundary plan (clause 2 of part 1 of article 22 of the Law on the State Property Committee).

Often, however, in violation of the stated rules, a previously registered plot, instead of entering information about it into the State Property Committee and subsequent clarification of its boundaries, was put on the cadastral register anew, as a newly formed one, or a new land plot was put on the cadastral register, essentially formed from the previously registered one, but without designation of this and without observing the rules of cadastral registration when creating land plots (Chapter 1.1 of the Land Code of the Russian Federation, Articles 24, 25 of the Law on the State Property Committee). For example, instead of transforming a previously registered land plot in respect of which there is a previously arisen right of permanent (perpetual) use, the owner of the real estate located on it puts on cadastral registration the plot formed in the manner prescribed by paragraph 7 of Article 36 of the Land Code of the Russian Federation. As a result, it is quite common for the same plot to be registered twice or to be part of itself. This is revealed, as a rule, in cases where information about a previously registered plot is entered into the cadastre later, by another person, etc., but it may never be detected. If, when entering information about a previously registered plot, its boundaries are simultaneously clarified, from the point of view of the result (the appearance in the real estate cadastre of information about a land plot with established boundaries), the line between the procedures for registering a plot as a new one for cadastral registration and entering information about it as previously registered practically erased. Those violations of public interests (preserving the continuity of the history of transformations of real estate objects) and neighbors (establishing boundaries without agreement with adjacent rights holders), which occur with such a substitution of procedures, obviously can be eliminated without canceling the cadastral registration of the site (correcting a cadastral error, resolving a dispute about boundaries with a neighbor).

(3) the legislator does not force rights holders to clarify the boundaries of the plots they own (the declarative principle), but encourages them to do so by establishing a ban on conducting cadastral registration, issuing a cadastral passport and registering rights in relation to land plots whose boundaries are not specified, i.e. . when there is no information about the boundaries of the site in the State Property Committee or the site intersects with the boundaries of other sites (parts 3, 4 of Article 14, paragraph 2 of part 2 of Article 26 of the Law on the State Property Committee, Article 19 of the Federal Law “On Registration of Rights to Real Estate and Transactions with It”) .

(4) clarification of information about the boundaries and area (ordering of boundaries) of previously registered plots is carried out at the request of the copyright holder with mandatory land surveying, during which the boundaries of the surveyed plot must be agreed upon (recognized) by the copyright holders of adjacent land plots (parts 3, 3.1 of Article 25, part 3, Article 38, Articles 39, 40 of the Law on the Civil Code);

(5) if the owner of the adjacent plot does not agree with the proposed description of the boundary separating his plot from the adjacent one (adjacent boundary), clarification of the State Property Committee data on the boundaries of the plots is possible only after the court resolves the relevant dispute, i.e. a dispute about the location of an adjacent border (border dispute, boundary dispute) (clause 2 of part 1 of article 22, clause 9 of part 3, clause 2 of part 5 of article 27 of the Law on the Civil Code).

Depending on the situation, two categories of such disputes can be distinguished:

1) There is no dispute about the actual location of the adjacent border.

This situation usually occurs when there is a so-called cadastral error in the description of one or the other or all adjacent plots (Article 28 of the Law on the State Property Committee), i.e. essentially unreliable cadastral information about land plots. The unreliability (incorrect reflection on the site plan of its virtually indisputable border) of this information can be caused both, indeed, by errors of the cadastral engineer, land surveyor, and by the incomparability of data (different coordinate systems, measurement methods, errors, etc.) about the boundaries of adjacent sites . In this case, the task of the cadastral engineer and the court (if the adjacent owner does not want to change the information about his site) is to determine the actual boundary indicated by the parties on the ground, put it on the boundary plan and enter information about it into the State Property Committee.

2) There is a dispute about the actual location of the border, i.e. several persons claim the same part of the earth's surface, believing that it belongs to different land plots belonging to them (A believes that this part belongs to plot A, B believes that it belongs to plot B). Most often, such a situation arises when, in the absence of information about the boundaries of previously registered land plots on the cadastral plan of the territory (duty cadastral map), a local government body (another public legal entity) considers a particular territory as free and forms a land plot at its expense and provides it to one person or another. Since in this case, there is essentially a “seizure of part of a land plot belonging to another person,” alienation by an unauthorized person of part of one plot as part of another plot, the dispute about the location of the border should, it seems, be considered as a dispute about the right, but with some differences :

This is not a dispute about the right to a specific piece of real estate, but a dispute about the right in relation to only the disputed part of the land surface (a dispute about which of the adjacent plots this part rightfully belongs to);

The result of resolving such a dispute should not be the exclusion of the entry on the right from the Unified State Register (unless there is a complete overlap of plots with each other or one plot is not located completely within the boundaries of the other), but a change in information about the location of the adjacent border of two plots in the State Property Committee (information about boundaries and area of ​​the relevant areas);

The court, as in the framework of a dispute over the right to a specific object, may come to the conclusion that possession of the disputed part of the land surface has been lost by the plaintiff, that the statute of limitations has expired, or the defendant is a bona fide purchaser, which, unlike a dispute about the right to an independent piece of real estate, should entail not a refusal of vindication, but the establishment of a boundary in accordance with how it is indicated by the defendant.

In any case, as follows from the above, a dispute about the boundaries of land plots is a dispute aimed at protecting the right to a land plot (it is in this sense that the provision of paragraph 2 of the resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10/22 of April 29, 2010 should be understood “On some issues that arise in judicial practice when resolving disputes related to the protection of property rights and other real rights” and paragraph 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 12, 2006 No. 54 “On some issues of jurisdiction of cases on claims for rights to real estate” that claims for rights to real estate include claims for establishing the boundaries of a land plot). For this reason, when considering this type of dispute, the explanations contained in paragraphs 52, 53, 56 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10/22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights” with the only modification that we will be talking about updating not the Unified State Register, but the State Tax Code (the Unified State Register data are adjusted automatically when the State Property Register data about the object is adjusted), and not about the body carrying out state registration of rights , but about the cadastral authority.

Hence:

A claim aimed at establishing a boundary or challenging the legality of establishing a boundary or, in general, cadastral registration of an adjacent (intersecting) plot must be considered in a lawsuit and the defendant in such a claim is the owner of the adjacent (intersecting) plot;

If the actions of the cadastral authority during the cadastral procedure did not comply with the requirements of the law, they may be considered illegal (for example, a claim for compensation for damage is subsequently expected), but this cannot lead to any changes in the information about the adjacent (intersecting) land plot, i.e. .e. within the framework of applying paragraph 3 of part 4 of Article 201 of the Arbitration Procedure Code of the Russian Federation, the court cannot oblige the cadastral authority to make appropriate changes to the Civil Code, including canceling information about the cadastral registration of the site;

The border dispute is won by the one who proves his right to the “disputed part”