Your own plot of land is an excellent place for relaxation, farming or building a summer house. But the pleasure of owning land can be overshadowed by conflicts with neighbors. Thus, it often happens that the owner of an adjacent plot of land arbitrarily seizes part of someone else’s territory. But there is no need to worry: the legislation provides for different ways of influencing invaders. You just need to know how to act in such an unpleasant situation.
What is considered land squatting
In accordance with the laws of the Russian Federation, squatting is the unlawful use of someone else's land for personal purposes. It should be taken into account that there are no abandoned territories in the country. If the plot is not owned by a citizen or organization, then it belongs to the state or municipality. To obtain the right to dispose of a plot of land, you must register it in your name in accordance with the established procedure.
For example, the construction of a house or cottage on someone else's land is considered a gross violation of land use rules. It is difficult and sometimes impossible to register such a building as a property “retroactively”. In most cases, the owner of a self-built building is forced to demolish the structure and pay a fine.
Other violations of land legislation include:
- Illegal annexation of other plots to your site (for example, for parking a car or growing garden crops).
- Violation of boundary boundaries with the territory owned by a neighbor.
- Failure to comply with the norms of indentation from various objects.
- Use of land for storage of materials or waste dumping.
In all the above cases, it does not matter whether the invader knew the actual owner of the territory or not. Responsibility for arbitrariness will have to be borne in any case.
Algorithm of actions of the injured party
If strict boundaries are established, that is, after land surveying has been carried out, it will be much easier to prove that you are right. The owner will have the relevant documents on hand, so half of the evidence will already be in the person’s hands.
So, the procedure will be as follows:
- Collection of documents confirming the strict boundaries of the land plot. These include a cadastral passport and a boundary plan, as well as an extract from the Unified State Register of Real Estate, which contains information about the land plot and all real estate located on the territory of a particular plot.
- Verification of the contents of documents and the actual delimitation of adjacent areas. Using the available data, a person can independently check whether there was a violation.
- If violations are detected, it is necessary to immediately prepare a statement of claim in court, since the administration and cadastre will not help in resolving the conflict. The statement of claim must contain legal demands to stop the unauthorized seizure and to return the land to the rightful owner.
- Collection of documents confirming claims. In addition to the documents already mentioned, it is necessary to record the fact of violation in a photo or video. You can also obtain explanations from witnesses who will confirm the fact of the violation.
If there is no land surveying, then the person needs to contact a geodetic organization, which, based on available documents, will take measurements and prepare a graphic plan.
Land surveying is accompanied by the mandatory establishment of site boundaries and their coordination with neighbors. Considering that surveyors are involved after the start of disagreements, it is unlikely that it will be possible to agree on boundaries with the violating neighbor. Therefore, the land surveying procedure will take more than six months.
How to deal with unauthorized land seizure?
When the owner becomes aware that they are trying to seize his territory, he needs to take immediate action. There are several options for this:
- Conflict resolution is voluntary. Sometimes the violator simply does not know that he has unwittingly annexed part of the neighboring territory. In such situations, it is often enough to discuss the problem and compare the documentation for real estate.
- Complaint to the administration. Local authorities have enough power to convince the invader to leave someone else's land and bring him to justice.
- If the measures taken are unsuccessful, you should file an application with the Land Committee.
- Going to court. This method of protecting rights requires time and effort. But if the claim is satisfied, you can not only seize the land from your neighbor, but also force the culprit to compensate for moral damage.
In addition, the injured owner can file a statement with the police. If it is determined that the invader's actions were deliberate, malicious, or fraudulent, he will be punished to the fullest extent of the law.
Application to the administration
If a neighbor voluntarily refuses to vacate the unauthorized territory, you should contact the local administration. A special application is drawn up for this purpose. It should be noted that there is no single unified form.
Important! But there is information that must be reflected in it:
- name of the authority to which the application is submitted;
- last name, first name, patronymic of the head of the local administration or the person responsible for the division of land plots;
- surname, name, patronymic of the applicant;
- contact information about the applicant;
- title of the document (application, complaint, appeal for violation of the boundaries of a land plot/seizure of a land plot);
- what rights were violated by the invader;
- circumstances of violation of property rights;
- requirements imposed on the violator;
- what do you want to achieve from the local administration;
- list of documents attached to the application;
- date and signature of the document.
In the document, be sure to refer to regulations that prove a violation of the law and are capable of regulating such relations.
It is necessary to ask the local administration for help in resolving the issue. She will assign a specialist who will conduct a detailed inspection.
Based on current Russian legislation, all citizens' appeals are considered within thirty days from the date of their registration. In practice, the local administration makes a decision within 2 weeks.
Responsibility for squatting of land
The mildest punishment for violating land legislation is the confiscation of land from the invader and its return to the rightful owner. In addition, an administrative fine may be imposed on the culprit.
The amount of penalties depends on the area of the assigned plot and the category to which the violator belongs. Thus, citizens are required to pay 1-1.5% of the cadastral price of the territory, but not less than 5,000 rubles. In case of land seizure by a legal entity, the amount of payments will be 2-3%, but not less than 100,000 rubles. If the cadastral value is not determined, the fine varies from 5,000 to 10,000 rubles. for individuals and from 100,000 to 200,000 rubles. for companies.
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When the misappropriation of an allotment is associated with a criminal act (for example, the culprit took possession of the land by fraud), criminal prosecution is possible. In such cases, the invader may face a fine, correctional labor, restriction or imprisonment
Causes
The reasons for capture can be very different. The most serious violation of the exploitation of non-owned land is the construction of a permanent structure, which happens quite often.
Citizens are also trying to build a garage or outbuilding on land that is common property. Minor violations include failure to respect plot boundaries, storage and warehousing of various building materials outside of one’s own land, and loss of documents confirming the right to a plot.
Establishing the boundaries of a land plot - judicial practice
Disputes between neighbors who have not divided plots of land are considered one of the most common and scandalous in judicial practice. Any district court periodically has to consider claims of people who did not divide the hundred square meters. Here are a few such examples:
- Citizen Petrov filed a lawsuit against his neighbor in his summer cottage. The plaintiff was outraged that the defendant put up a new fence, adding three meters of its territory. In the statement of claim, Petrov asked to oblige the neighbor to dismantle the fence and move it to his land. The judge refused to satisfy the claim, citing the fact that the border between the plots was fixed by the conclusion of a cadastral engineer. But the appellate court overturned the decision. The reason for the cancellation was the fact that the boundaries were determined without the consent of Petrov. As a result, the survey results were declared invalid, and Petrov’s demands were satisfied.
- Plaintiff Egorov filed a lawsuit against the owner of the neighboring plot. According to the information provided by the plaintiff, the defendant, taking advantage of the fact that Egorov had not appeared on the site for more than a year, seized part of his property by installing a fence on the ground. The inspection confirmed the facts indicated by Egorov. The defendant was ordered to restore someone else's territory to its original condition and was fined 10,000 rubles.
Despite the huge amount of unoccupied land in Russia, each plot has an actual owner. Therefore, if you want to acquire part of the territory, you must act in accordance with the procedure established by law. Otherwise, adverse consequences may occur.
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How to resolve a dispute peacefully
Before contacting a judicial authority or prosecutor's office, be sure to carry out the pre-trial conflict resolution procedure. It is easier to resolve a dispute peacefully if the land surveying procedure has already been carried out.
Please note a few important points:
- display the actual boundaries on the ground. To do this, clearly study the cadastral plan and place directional signs on the demarcation line of two adjacent plots;
- After actually reflecting the boundaries, show the unscrupulous neighbor that he is wrong. Demand that he move the fence, that is, liberate his land;
- if the neighbor still refuses to comply with the requirements, you can contact the local territorial division of the Russian Register. Its specialists, as a rule, respond immediately. An inspector will arrive and check your land documentation;
- if the neighbor agrees with the cadastral engineer’s conclusions, a written agreement is drawn up and signed by all participants. In the future, it can be presented to the court as evidence of pre-trial settlement of the issue.
Attention! The cadastral worker has the right:
- examine documents establishing ownership of a land plot;
- explore adjacent land plots, measure them, etc.;
- analyze the data received and draw conclusions, draw up an appropriate report.
The act is drawn up in any case, even if the neighbor does not agree with the results of the work carried out by the cadastral engineer.
Where to complain
Article 64 of the Land Code determines the consideration of issues related to land in court. Initially, the case may be considered in arbitration court.
To begin the procedure regarding the fact that access to land has been blocked for citizens or that economic activity is being conducted illegally on the site, a statement or complaint is required. Such statements are accompanied by evidence of the fact that occurred.
The court must also receive confirmation that the controversial issue has already been considered pre-trial.
The pre-trial procedure for resolving conflicts is used when establishing the boundaries of land areas subject to privatization, when resolving a dispute between municipal entities that delimit state property on land areas.
Pre-trial consideration of issues related to the location of the site allocated as a share in the compensation amount is also carried out.
If the listed issues are not resolved pre-trial, the case is sent to court. All conflicts concerning the land sector are considered in federal courts of general jurisprudence. Disputes can also be resolved by magistrates.
