How Cadastral Overlap Arises
A cadastral overlap occurs when the boundaries of two plots in the Unified State Register of Real Estate (EGRN) intersect. In the case of the forest fund, the problem has historical roots:
- Russia’s forest fund was compiled and described long before the modern cadastre existed. Many forest compartments have outdated coordinates with significant errors.
- When residential plots were registered in the cadastre, errors in the description of the forest fund were often not accounted for — and plots ended up “overlapping” with forest land.
- Sellers and real estate agents typically do not check for such overlaps.
Legal Consequences
State forest land belongs to a specially protected category of land (the Forest Code of the Russian Federation). On such land the following are prohibited:
- permanent construction (except for specific permitted facilities),
- changing the land category without special authorisation,
- any actions that destroy forest cover.
If your plot cadastrally overlaps with forest fund land, the prosecutor’s office and the Federal Forestry Agency (Rosleskhoz) are entitled to:
- require the demolition of any structures built,
- require forest restoration,
- initiate the compulsory acquisition of part of the plot,
- open administrative or criminal proceedings if damage to the forest is found.
Who Bears Liability
The seller. If the seller knew about the overlap, this is grounds for rescinding the agreement and claiming damages (Articles 475, 557 of the Civil Code).
The cadastral registration authority. If the overlap arose as a result of a cadastral error, Rosreestr is responsible for correcting it. In practice, correcting cadastral errors is a lengthy and complex process.
The buyer as a good-faith purchaser is entitled to claim compensation for the lost land from the Treasury (Article 68 of the State Registration of Real Estate Law), if recognised as a bona fide purchaser.
How to Check a Plot Before Buying
Order an EGRN extract with a plot plan and compare it against the public cadastral map. The public cadastral map (pkk.rosreestr.ru) displays forest areas, albeit with limited precision.
Conduct a geodetic check — commission a cadastral engineer to compare the plot’s boundary coordinates with forest fund coordinates from the State Forest Register (EGRL).
Request information from the Federal Forestry Agency. The regional office of the Federal Agency for Forestry can provide information on forest compartments that overlap with the plot.
Read Also
- Abandoned Dacha: When the State Can Take Your Plot and How to Protect Yourself
- How to Reduce the Cadastral Value of Real Property
Have you purchased a plot and discovered an overlap with the forest fund? Or are you planning to buy and want to check the risks? Contact us for a consultation — we will verify the plot’s legal status and prepare a protection strategy.