In the presence of a dispute regarding rights, the priority of EGRN data over GLR data is not applied automatically
Resolution of contradictions between data in the Unified State Register of Real Estate (EGRN) and the Land Cadastre Register (GLR) through an administrative procedure is possible in the absence of a dispute over rights.
The society submitted an application to the ministry of forestry and wildlife protection of the subject of the Russian Federation (hereinafter referred to as the ministry) requesting amendments to the GLR and aligning the boundaries of forest plots with data from the EGRN, citing the overlap between the boundaries of land plots belonging to it by right of ownership in the category of "agricultural lands"
The Ministry refused to satisfy the application, stating that a decision to reclassify state forest land intersecting with the company's land plots into lands of other categories in accordance with established procedures was not made.
Considering the ministry's refusal unlawful, the company turned to court.
When denying the claim, courts relied on the priority of information entered in the EGRN over GLR data, taking into account that rights to land plot arose prior to January 1, 2016.
The Judicial Panel of the Supreme Court of the Russian Federation overturned the judicial decisions made in the case and referred the case for reconsideration due to the following reasons.
According to Part 3 of Article 14 of the Law on the Transfer of Land or Land Plots from One Category to Another (as amended by Federal Law No. 280-FZ dated July 29, 2017), in the event that according to the information contained in the GLR, the forest plan of a subject of the Russian Federation, land plot belongs to categories of land of the forest fund, while according to the information from the EGRN, title-establishing or title-confirming documents for land plots, this land plot
"Land parcel" in the legal encyclopedia is classified under another category of land, the classification of a land parcel into a specific category of land is determined based on information contained in the Unified State Register of Real Estate (USRRE), or based on information indicated in title-deed documents or documents confirming ownership rights to land parcels, if such information is not present in this register, except for cases provided for in Part 6 of the aforementioned article. [Rules](/enc/26387/ "Definition of the term
“Rules” in the legal encyclopedia apply in the case where the rights of the right holder or previous right holders to land plot arose before January 1, 2016.
Thus, the provisions of the Law of July 29, 2017, No. 280-FZ establish an administrative procedure for resolving contradictions between data in two public registries (EGRN and State Forest Register) and the conditions under which data from the EGRN are given priority.
At the same time, they are aimed at protecting bona fide purchasers of land plots on which real estate objects are located or activities not related to the use of forests are carried out, relying on EGRN data. In this regard, when a dispute over property rights arises, it is necessary to rely not only on information contained in the EGRN regarding the category of a land plot, the private ownership of which arose before January 1, 2016, but also to examine issues related to
the emergence, formation, and actual use of such a land plot, the presence or absence of forest plantations within its boundaries, as well as the legality of the emergence of rights to this plot and the good faith of the acquirer.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land rights for certain categories of land removed from circulation and restricted in circulation, and the use of such plots