Landmarking of the local area of ​​an apartment building

What laws does the process rely on?

Information on how land surveying of a site under an apartment building should be carried out is in the Federal Law of the Russian Federation No. 78 “On Land Management” and the Law “On the State Real Estate Cadastre”. The Land Code is regularly amended. For example, on March 1, 2015, there were changes in the form of termination of Article 26. After this, land surveying of the MKD site is carried out in accordance with Article 11.9 of the Land Code and in accordance with urban planning legislation.

Let's consider the new requirements for those areas that have been created or changed:

1. The total maximum or minimum area near the house is determined according to the regulations of the Town Planning Code.
2. If the Civil Code regulations do not apply to a certain area, its value will be determined by the Land Code or other legislative acts.
3. When determining the size of the territory of an apartment building, it is impossible for the boundary line to cross the boundaries of the areas on which government facilities are located.
4. Land will not be allocated if the creation of the site would interfere with the use of real estate legally located on it.
5. It is impossible to allocate a territory or change its boundaries if there are existing restrictions in relation to it that prohibit permitted exploitation.
6. The area of ​​the building must be formed rationally without obstacles to the protection of territories and contradictions to the Land Code and other laws. The demarcation of the site must be carried out without flaws (wedges, inclusions, broken boundaries, stripes), which may cause the inability to place real estate on the territory.
7. The site will not be allocated when its borders intersect with territorial zones, forestry, forest parks, except for the formation of an area for geological exploration of subsoil and extraction of mineral resources. In this case, it is allowed to allocate a site if it contains linear objects, dams, power plants, reservoirs and other bodies of water created by man (clause 7, Federal Law No. 171 of June 23, 2014).

Disputes about the right to the local area

A new surge of interest in the issue of the rights of residents of apartment buildings (hereinafter - MKD) to the adjacent territory was caused by the appeal ruling of the Moscow City Court dated July 14, 2021 in case No. 33-24329/2020. Residents of the Ostankino district of Moscow filed a claim against the Moscow City Property Department and the Moscow State Enterprise "Civil Construction Administration" to partially challenge the agreement for the gratuitous use of a land plot with an area of ​​8,600 square meters. m., provided for the construction of a gymnasium (demolition and new construction) as part of the renovation program.

The court of first instance refused to satisfy the citizens' claim for the reason that the land plot under the house was not formed, was not registered in the cadastral register and was owned by the city. Consequently, it does not belong to the common property of the apartment building, therefore its residents are deprived of the opportunity to own and use the site.

The Moscow City Court did not agree with these conclusions, pointing out that the Moscow City Property Department, as a representative of the government body for the management of capital property, does not have the right to dispose of the land provided for the construction and operation of apartment buildings, in the part in which the land plot under the specified apartment building. In turn, the plaintiffs, as owners of premises in an apartment building, have the right to own and use this land plot to the extent necessary for their operation of the apartment building, as well as the objects that are part of the common property in such a house, i.e. within the boundaries in which the local area was previously determined in accordance with the procedure established by law before its formation as a result of land surveying.

The lack of cadastral registration of land plots under MKD is a common phenomenon found everywhere. This is due to the fact that mass housing construction was carried out back in the Soviet years, and systems of cadastral registration and state registration of rights to real estate were introduced only by the end of the 90s. XX century Thus, the USRN information currently contains information only about those land plots that were formed after the creation of this system.

This problem practically does not concern new houses, since after the Housing Code of the Russian Federation came into force (March 1, 2005),1 a house cannot be put into operation if the plot under it has not been formed (not registered with the state cadastral register)2.

Let us note that the conclusions of the Moscow City Court are not fundamentally new, but only repeat those set out in paragraph 68 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 (as amended on June 23, 2015) “ On some issues that arise in judicial practice when resolving disputes related to the protection of property rights and other real rights”, a position which, by the way, is obligatory for lower courts to follow. Decisions with a similar legal position have been adopted previously.3

Particularly often, disputes about the legality of establishing the boundaries of land plots forming the local area, as well as about the right to dispose of them by public legal entities (a city of federal significance, a municipality) arise in the case of construction under the Renovation program in Moscow.

Such disputes can be divided into four broad categories:

• on the right to dispose of the adjacent territory of the apartment building;
• on the refusal of a public legal entity (city of federal significance, municipal entity, whose competence includes the relevant issue) to ensure the formation of the land plot on which the apartment building is located;
• on the refusal of a public legal entity to carry out the work necessary to form the site;
• on the boundaries of areas intended for the placement of apartment buildings.

To answer the question of how to avoid these problems, you must first decide what area and what local area we are talking about.

What is meant by the land plot of a residential building and the surrounding area?

This is a plot of land on which an apartment building with elements of landscaping and improvement is located, as well as other objects intended for the maintenance, operation and improvement of this house (Clause 4, Part 1, Article 36 of the Housing Code of the Russian Federation). The boundaries and size (area) of the plot on which the house is located are determined by state authorities or local government in accordance with their competence, as well as the requirements of land legislation and legislation on urban planning.

Let us note that in the case of the formation of a land plot under an apartment building, it is likely that its boundaries will be determined in accordance with the actual land use. This was previously stated by the Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation in the Cassation Ruling of May 27, 2021 No. 89-CAD20-1-K7. In this case, the period of actual land use of the territory on which MKD4 is located is important.

In accordance with judicial practice, the land plot formed under the house must include: landscaping facilities for the courtyard area, a gas tank, a utility area for drying clothes, mailboxes, a children's and sports grounds, and landscaping5.

To justify the boundaries of the plot being formed, residents of apartment buildings can rely on the Methodological recommendations for carrying out work on the formation of land plots on which apartment buildings are located, approved by Order of the Ministry of Construction of Russia dated March 7, 2021 No. 153/pr, as well as Methodological instructions for calculating the standard sizes of land plots in condominiums, approved by Order of the Ministry of Land Construction of the Russian Federation dated August 26, 1998 No. 59. According to judicial practice, a condominium is a guarantee of the rights of owners to purchase a land plot occupied by a house.

If the boundaries of the site for the MKD are not formed...

Based on the principle of the unity of fate of land plots and objects firmly associated with them, the Constitutional Court of the Russian Federation in Resolution No. 12-P of May 28, 2010 (hereinafter referred to as Resolution KS No. 12-P) indicated that in order to ensure the rights of owners of residential and non-residential premises in such houses, the Housing Code of the Russian Federation establishes a general rule that the plot belongs to the owners of the premises in the house located on it (Parts 1 and 2 of Article 36 of the Code). At the same time, the Introductory Law defines the special procedure and conditions for the transfer of such a site into the common shared ownership of the owners of premises in the apartment building that is located on it.

In accordance with the specified procedure, the transfer of a land plot into common shared ownership is associated with the completion of the process of its formation and state cadastral registration. At the same time, any acts of state bodies or local governments on the provision of a land plot or on the emergence of ownership rights, as well as state registration of the right of common shared ownership of a plot in the Unified State Register of Real Estate, are not required.

If the plot is not formed and is not registered in the cadastral register, the land under the MKD is the property of the corresponding public legal entity. In turn, the owners of premises in the house have the right to own and use this site to the extent necessary for the operation of apartment buildings, as well as objects that are part of the common property. When determining the limits of the powers of the owners of premises in an apartment building for the possession and use of the specified site, it is necessary to be guided by Part 1 of Art. 36 Housing Code of the Russian Federation.

Thus, if the site under a residential building is not registered in the cadastral register, this does not deprive the owners of the premises in it of the right to use the adjacent territory, including for the installation of fences and barriers (Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated June 21, 2021 in case No. 33 11827/2016).

From the moment of formation of the site and its cadastral registration, the land plot on which the MKD and other real estate included in it are located passes free of charge into the common shared ownership of the owners of the premises in the MKD (Part 5, Article 16 of the Introductory Law).

According to Art. 305 of the Civil Code of the Russian Federation in these cases, the owners of the premises, as the legal owners of the land plot on which the house is located and which is necessary for its operation, have the right to demand the elimination of any violations of their rights of ownership and (or) use of this plot, including from its owner. They also have the right to challenge in court, taking into account the jurisdiction of cases according to the rules of Chapter. 25 Code of Civil Procedure of the Russian Federation or Ch. 24 of the Arbitration Procedure Code of the Russian Federation actions (inaction) of the government authority on the formation of the land plot on which the residential building is located, the development of documentation for the planning of the territory (Articles 45 and 46 of the Town Planning Code of the Russian Federation), as well as actions preceding the disposal of the site - in particular, decisions on the provision of the site for construction, bidding for the sale of a site or the right to conclude a lease agreement, etc.

If, as a result of such actions of a government agency, third parties have a right to a land plot necessary for the operation of an apartment building, the owners of premises in the house can file a lawsuit to challenge the corresponding right of third parties or to establish the boundaries of the plot.

Formation of a site for an apartment building

The position set forth in the Resolution of the Constitutional Court No. 12-P is that for the free transfer of the land plot on which the apartment building and other real estate included in it are located into the common shared ownership of the owners of the premises, it is necessary and sufficient for the formation of this plot by public authorities or local government in accordance with the requirements of land legislation and legislation on urban planning activities, as well as registration of the site with cadastral registration

- despite the fact that neither a special decision of public authorities on the provision of a plot, nor state registration of the right of common shared ownership of it in the Unified State Register of Real Estate is required.

According to sub. 4 p. 3 art. 11.3 of the Land Code of the Russian Federation, exclusively in accordance with the approved land surveying project, the formation of plots is carried out within the boundaries of an element of the planning structure built up by apartment buildings (Letter of Rosreestr dated April 11, 2021 No. 14-03826-GE/18 “On the possibility of forming a land plot” together with the Letter of the Ministry of Economic Development Russia dated March 6, 2021 No. D23i-1133).

In other cases, the formation of plots from lands or land plots that are in state or municipal ownership is permitted in accordance with the approved layout of the plot (plots) on the cadastral plan of the territory in the absence of an approved land surveying project.

At the same time, the boundaries of plots under MKD should take into account public lands and should not cross them. Based on clause 12 of Art. 85 of the Land Code of the Russian Federation, public areas are areas occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects that can be included in various territorial zones and are not subject to privatization. Otherwise, such a land surveying project may be challenged (see, for example, the Cassation Ruling of the Supreme Court of May 22, 2021 No. 67-KA19-1).

Particular attention should also be paid to the need to comply with all procedures provided for by law aimed at forming a site for an apartment building. In addition, a full survey must be carried out, as well as an objective and comprehensive assessment of the quarter from the point of view of ensuring regulatory sufficiency, functional integrity and admissibility of planning isolation of the allocated plots, and the land surveying project in accordance with which the plot is formed must undergo public hearings (Definition Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation dated August 6, 2021 No. 5-KG19-140).

At the same time, the appeal of any owner of premises in an apartment building to government agencies with an application for the formation of the land plot on which the house is located should be considered as the basis for the formation of the plot and its cadastral registration

, which does not eliminate the need for the formation and cadastral registration of land plots within a reasonable time by the public authorities themselves, which are entrusted with the corresponding function (Resolution of the Constitutional Court No. 12-P).

Since the formation of the sites on which apartment buildings are located relates to the area of ​​public legal relations, government agencies entrusted with this responsibility do not have the right to arbitrarily refuse to fulfill it if there are all the grounds provided for by law for the formation of the site

(appeal ruling of the Moscow City Court dated May 28, 2021 in case No. 33a-2886; cassation ruling of the Second Cassation Court of General Jurisdiction dated February 5, 2021 No. 88a-1594/2020).

The specified actions (inaction) of the government agency can be challenged by the owners of the premises. The specific procedure for challenging will depend on the method of management of the apartment building (homeowners association, management company, etc.).

1 Article 1 of the Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation” (hereinafter referred to as the Introductory Law).

2 Part 6 art. 16 of the Introductory Law.

3 Appeal ruling of the Moscow Regional Court dated April 6, 2015 in case No. 33-7685/2015, 33-7992/2015; Determination of the Supreme Arbitration Court of the Russian Federation dated April 19, 2012 No. VAS-4716/12 in case No. A04-1618/2011.

4 Determination of the Supreme Arbitration Court of the Russian Federation of October 1, 2012 No. VAS-12039/12 in case No. A66-10449/2010.

5 Determination of the Supreme Arbitration Court of the Russian Federation dated April 19, 2012 No. VAS-4716/12 in case No. A04-1618/2011.

Why should residents of apartment complexes be interested in land surveying?

Land surveying refers to the division of land and the determination of the boundaries of individual plots. The territory near a multi-storey building requires land surveying if the residents of the apartment building want to protect it from illegal development.

In order to protect the site to which residents of the apartment complex have rights from the appearance of commercial buildings, cafes and parking lots, the local area and its boundaries should be determined in a timely manner, supported by documents.

After surveying the site near the apartment building, co-owners can:

1. Organize recreation areas, playgrounds and other landscaping elements.
2. Install barriers at the entrance to the property.
3. Rent out part of the plot.

Punishment for unauthorized increase in area

Information on fines for unauthorized seizure of land is set out in Article 7.1 of the Administrative Code, namely:

• a citizen may face from 500 to 1000 rubles;
• for an official - from 1000 to 2000 rubles;
• for a legal entity – from 10,000 to 20,000 rubles.

By the way, the land seized without permission will have to be returned to the owner in its original form. That is, the erected structure or added changes will have to be removed.

The survey of the local area of ​​an apartment building is described in the following video:

What happens if land surveying is not completed?

In the absence of land surveying, residents of apartment buildings will have the following restrictions:

1. It is impossible to require even simple cleaning of the territory or yard improvement services. Absence of a person responsible for this.
2. The legislation of the Russian Federation indicates the refusal of a house to participate in the overhaul program if the adjacent area is unregistered.
3. The Town Planning Code of the Russian Federation also states that a house without land surveying cannot be reconstructed or overhauled.
4. Residents of neighboring apartment buildings may create another problem. Without surveying the area near the house, it can be taken away by them by law. When going to court, the issue can take up to 10 years to resolve; in this case, there is simply no guarantee of victory.

Owners' responsibility

According to the requirements of administrative authorities, sanitary norms and fire safety standards, homeowners are responsible for the territory adjacent to the property.

The following minimum actions must be performed:

• Keep the area clean.
• Dispose of household waste in a timely manner.
• Monitor the density of green spaces.
• Provide access for municipal services.
• Do not block fire passages or hydrants.
• Clear driveways of snow and ice during the cold season.

For failure to comply with requirements, fines are imposed according to established tariffs.

Land surveying of a new building

The adjacent area of ​​a new building is a special case when surveying.

The site where the new residential building is located may be municipally owned or owned by a private owner.

Actions must be taken based on the following principles:

1. During the construction of a new house on land owned by the state, the developer must enter into a contract with the city authorities. The owner of the building can be an investor or developer, which will be indicated in the document. The land under and near the house will be leased for 49 years.
2. If the developer did not use his legal right in time and did not submit an application for land surveying to Rosnedvizhimost or other authorities, the site in question will be considered unformed. If after this the HOA insists on allocating a plot, it will be designed in a minimum size (10 meters around the perimeter of the house).
3. If the house is located on private property, there will be fewer problems with it. For example, it previously belonged to a certain organization, and then was put up for redemption followed by privatization. The main task is to convince the owner of the territory to transfer it to the internal balance sheet of the HOA.

Who determines the boundaries?

The laws of the Russian Federation state that the bodies of regional self-government of settlements must carry out land surveying. However, this article is financed on a residual basis, which allows authorized bodies to refer to a lack of finances, leaving the issue unresolved. However, the order and registration of land surveying can be carried out by the owners of the apartments themselves. For this reason, there is no point in waiting for a solution to the issue from the authorities; it is better to start solving it yourself.

According to Article 305 of the Civil Code, owners of high-rise apartments can protect their rights regarding the adjacent plot if they have title papers.

Timing and cost

Preparation of boundary documentation is carried out by a specially authorized person within 2-4 months. More precise deadlines can be obtained during a personal visit to a competent organization.

The pricing policies of companies also vary and can vary from 10 to 30 thousand rubles. This is influenced by the size of the plot, its configuration, and the availability of the necessary documentation.

According to the law, authorities must pay for the procedure in question. In real life, residents often decide to pay for the boundary procedure themselves. The funds spent in this case will not be returned.

Features of the definition

The aisles of the adjacent land must be reflected in the boundary plan of the adjacent area of ​​the apartment building even when the building permit is granted. If the project in question does not exist, the boundaries of the territory will be determined based on the actual use. The size and shape of the site is approved by the city administration.

The size of the area is calculated using a formula approved by law. According to this formula, the territory includes: the land under the building, children's areas, recreational and parking areas.

The boundaries of the land are determined in relation to the norms of the Town Planning Code and the Land Code. Article 36 of the Land Code contains the rules by which the territory is calculated, taking into account the red lines of boundaries with neighboring areas, as well as natural boundaries.

According to Article 221 of the Federal Law, it is necessary to agree on the limits with the owners and tenants of neighboring plots when carrying out land surveying of a plot near an apartment building.

The architecture and urban planning authorities are responsible for adjusting land survey zones. After land surveying, residents can decide for themselves how to use the territory.

Maintenance and cleaning

According to the requirements for the maintenance of common property, cleaning the local area of ​​an apartment building is entrusted to the management company, which enters into an agreement with companies for the provision of paid services for the maintenance of the territory. Such an agreement can also be concluded by the board of the HOA, or directly by the property owners.

IMPORTANT

After the conclusion of the contract, the company that provides the services is responsible for cleaning the land. In case of failure to comply with the requirements of the contract, the parties bear legal responsibility.

The agreement is concluded according to the established template and must include the following details:

1. Name and address of the customer.
2. Details of the company providing site maintenance services: legal address, current account, individual bank code, actual address, contacts of responsible persons.
3. Rights and obligations of both parties.
4. A complete list of work on the site that the company undertakes to perform.
5. Amount and terms of payment for services rendered.
6. Responsibility of the parties for non-compliance with the contract.
7. Start and end dates of this agreement.

The agreement is signed by the responsible persons with a transcript and an indication of the position held.

The cost of cleaning the adjacent area is distributed among all apartment owners. Tariffs are set depending on the area of ​​housing, regardless of whether privatization was carried out or not.

Responsibility of the parties

According to the provisions of the contract, the executing legal entity is obligated to provide quality and timely services in the required volume.

The contractor is responsible to the customer for damage to equipment and structures located within the territory entrusted to him. In case of damage to structures located in the local area, the contractor is obliged to compensate for the cost of repair or replacement of objects.

Attention

The customer undertakes to pay on time for the services provided. If payment is not received on time, the management company or owners are obliged to pay a penalty. The executing company has the right to demand payment of all expenses in court.

How and where to place an order?

The delineation of the area in front of the apartment building must take into account state standards and instructions, and requires the use of special equipment.

The geodetic organizations designated for this purpose have the rights to produce such a project with special licenses and permits. The list of such organizations can be clarified in the settlement administration.

In this case, the design organization works in cooperation with a representative of the apartment owners. This is usually a member of the HOA board.

In order to obtain information about the territory of the apartment building, you will need to submit an application to determine the boundaries.

You can enter into a contract with instructions to request the necessary documents from the surveyors themselves. In this case, the organization will need to obtain a power of attorney.

How to avoid mistakes when surveying?

If, during land surveying, the area of ​​its territory was illegally reduced, you can sue. Before the trial in court, in this case, you will need to obtain a certificate from Rosreestr indicating the correct dimensions of the plot.

If documents are lost or there are errors in them, you should recalculate the plot through a cadastral engineer.

There are times when there is no way to recover data. Then the boundaries will be determined by natural or artificial objects located in the area in question for 15 years or more.

Carrying out correct re-land surveying makes it possible to go to court to issue another cadastral plan.

Why do land disputes arise?

It often happens that strangers located other buildings on the site near the apartment building even before it was surveyed. In the presented situation, it is necessary to resolve the problems of their demolition. Typically, such buildings are erected without proper registration, but their owners can enter into a contract for renting a site with municipalities. In the presented situation, residents of apartment complexes need to challenge the administration’s right to charge rent from a plot located in their area.

Note: Land surveying makes it possible to demand the demolition of an illegally constructed building.

You can also resort to canceling the rental contract with the administration, and then entering into a new one with the owner of the house. The funds received after these manipulations should be used for the needs of the home.

There are also more complex situations when part of the plot of an apartment building is already registered in the name of an outside organization or person, and all the permitting papers are available. This situation cannot be avoided without a construction expert. On its basis, you can go to court. If the decision was not made in favor of the residents of the apartment building, it is possible to install an easement on the site, which will be based on the need to service the house or organize vehicle traffic. In this situation, apartment owners will have to pay rent.

Taxation

Until 2015, land registered as a property was subject to tax in accordance with Articles 388 and 389 of the Tax Code.

The tariff was set individually for each owner, based on the area of ​​the apartment and the area of ​​the local area.

The payment amount was included in the general property tax bill, paid individually by each homeowner, or included by the management company in the occupancy bill. Administrative liability was imposed for failure to pay taxes. In case of repeated offenses, the administration had the right to initiate criminal proceedings against the defaulter.

IMPORTANT

Since 2015, residents of apartment buildings are exempt from paying land tax and pay a single property tax.

Changes in taxation rules are associated with the difficulty of setting a tariff: the tax was calculated based on the cadastral value of the land, but determining the amount was hampered by the fact that not all plots had clearly defined boundaries. Also, due to inflation, the tariff increased, which caused discontent among the owners.

Changes in taxation are recorded in Federal Law No. 384 of October 4, 2015, Article 389 of the Tax Code of the Russian Federation, paragraph 2.6.

Who becomes the owner of the site after the demolition of the house?

When it comes to a residential building that has been declared unsafe and is about to be demolished, the redemption price of the premises for repossession will be determined by taking into account the value of the share in the ownership of the common building asset.

There is currently no single approach to calculating this amount. If there is a right of common ownership, people living in an apartment building can own a share of the common property (Part 1, Article 36 of the RF Housing Code, Clause 1, Article 290 of the Civil Code of the Russian Federation), but not every court will take this fact into account.

In addition, Article 16 of the Federal Law indicates the possibility of owners of premises to own a land plot that is registered in the cadastral register.

Rules for installing fences

Article 36 of the Housing Code states that residents of an apartment building have the right to land located in close proximity to the building. It also says here that you should not issue a certificate stating that this is the case. That is, the current legislation establishes that citizens can enter the local area at their own discretion, but without going beyond certain limits.

Federal Law No. 189 confirms the common-share type of ownership . All residents own the land, so decisions can only be made through a general vote. By the way, it is considered to have taken place only if the turnout of residents is more than 50%.

Access restriction procedure

A cohesive and clear opinion should be formed regarding: the amount of land, the type of fencing and other important points.

Typically, the hottest debates flare up around the monetary value of such work, since financing is entirely provided by the apartment owners.

It is also very difficult to collect the required amount because you don’t want to spend money on drawing up estimates and other documents, and many residents have no desire to donate their hard-earned money for some illusory plans.

Work on the installation of barrier structures is permitted only with the consent of a number of interested government services :

• Ministry of Emergency Situations;
• police;
• emergency department;
• architectural and construction inspection.

You need to visit each institution, familiarize the boss with the plan and ask for a signature and seal if approved. This is necessary so that if disagreements arise and the case is brought to court, you can prove your case.

Ignoring these recommendations may result in any of the above services filing a claim in court. The most expected result is the decision to demolish the previously installed fence.

Where to complain in case of illegal installation?

Installing a fence without the consent and desire of the residents is considered illegal behavior and therefore requires the following actions :

• collecting documents indicating that the fenced area is part of the cadastral plan of an apartment building;
• receiving a protocol that records the meeting of residents and the decision they made on fencing (the main feature is that the decision must be approved not by the majority of those present, but by the majority of those living in the house);
• demolition of the erected fencing structure due to the lack of the above-mentioned documents. By the way, it is forbidden to carry out the work yourself; you should contact special services. Everything must be carried out on the basis of a court decision.

Illegal fences usually prevent government services from carrying out their direct duties: firefighters putting out fires, ambulances helping the sick, etc.

Erecting a fence around the local area of ​​an apartment building is far from an easy task. It is necessary to decide on the size, ensure the availability of cadastral registration and an individual number, achieve mutual understanding and common opinion with neighbors, find financial resources, and also obtain the necessary approvals.

Practice shows that if residents violate the established regulations and arbitrarily determine the size of the adjacent land space, then the court decides to demolish the structures.