What should I do if a neighbor has taken over part of my property?

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Published: 11/16/2017

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The current legislation prohibits the use of land in an illegal manner, since in the event of squatting of the territory and its improper exploitation, significant material damage may be caused to the legal owner of the site.

Unauthorized seizure is an administrative offense that involves bringing the offender to established liability.

• Reasons for illegal seizure of land
• Actions of the owner when a neighbor seizes part of the land When the boundaries are established
• When boundaries are not defined

Reasons for illegal seizure of land

In practice, there are often cases of citizens and organizations using neighboring lands for personal purposes. Housekeeping and construction of buildings on someone else's territory is illegal and punishable.

Unauthorized seizure of someone else's land can be carried out in different ways, due to certain circumstances that served as
the reason for the violation:

• exploitation of someone else's property due to a long absence of the owner or due to improper installation of the fence;
• discrepancy with cadastral documentation, due to which the owner of an adjacent plot violates the boundaries;
• error in cadastral documents;
• The boundaries of the land plot have not been established.

Dispute resolution through court

If your neighbors refuse to reconcile and claim that your documents contain an error, you can go to court. Do not forget to carry out the procedure for pre-trial settlement of the issue.

Cases related to the resolution of land disputes are considered by the district judicial body. Territorial purpose matters. The claim is filed at the location of the disputed land plot.

The application must be made in writing. There is no single set form. However, territorial divisions of courts have the right to develop their own forms.

Any claim includes the following information:

• name of the judicial authority where the claim is filed;
• last name, first name, patronymic of the plaintiff, place of registration, residence, contact telephone number;
• last name, first name, patronymic or name of the defendant, his place of registration, residence, as well as contact telephone number;
• the main part of the document, which includes an explanation of the violation of law;
• listing of violations;
• description of ownership when it arose;
• general technical characteristics of the land plot;
• reasons for violation of property rights;
• references to regulatory legislation;
• assumptions about how the conflict can be resolved;
• requirements to the court;
• list of documents attached to the claim;
• date of preparation of the document and signature of the plaintiff.

The completed claim form can be downloaded from the official website of the judicial authority. Please note that this is provided as a sample. If you did not write an application according to this form, but reflected the necessary information in it, then nothing needs to be corrected.

Article 301 of the Civil Code of the Russian Federation gives the right to demand the return of a land plot to the owner. And Article 304 of the Civil Code of the Russian Federation states that all obstacles to operation must be eliminated.

The court has the right to consider the statement of claim within two months from the date of its registration. After this, a place and date for the meeting are set, of which the parties are notified in writing. Most often, a summons is sent.

At trial, all parties have the right to defend themselves and present evidence in the case. Each of the participants may not testify against himself, but cannot refuse to testify.

ATTENTION! Look at the completed sample claim to court for violation of the boundaries of a land plot:

Actions of the owner when a neighbor seizes part of the land

To resolve the issue of unauthorized seizure of part of the land by the owner of a neighboring plot, there are several ways:

• pre-trial order. To do this, you should contact your neighbor and discuss the problem. Sometimes it happens that the violator simply does not know that he has occupied someone else’s territory. Therefore, it is often enough to compare the existing documentation for real estate;
• if a neighbor refuses to release illegally used land, you should contact the local administration;
• if these actions do not influence the offender, you can submit an application for unauthorized occupation of land to the Land Committee;
• If the above actions are ineffective, it is necessary to go to court.

The sequence of appropriate measures to resolve the conflict depends on whether the boundaries of the land ownership, part of which the neighbor has seized, are defined.

When boundaries are set

If land surveying was carried out in relation to a plot of land, part of which was occupied by a neighbor without permission, the sequence of actions will be as follows:

• comparison of the boundaries indicated in the cadastral passport for the site and in the boundary plan;
• establishing actually established boundaries with those reflected in the documentation. If it becomes clear that a violation has occurred on the part of a neighbor, you should contact him and report it;
• If the violator does not agree to vacate someone else’s territory, it is necessary to file a claim in court. To do this, you will need a documentation package consisting of:

1. Title documents for the site. These can be contracts, certificates of inheritance, acts of state and municipal authorities, court decisions, etc.
2. Cadastral passport for the property.
3. Boundary plan of the territory.

When boundaries are not defined

If cadastral work has not been carried out in relation to the disputed area, the procedure is as follows:

• carrying out the land surveying procedure. Boundary work is carried out by a cadastral engineer and ends with the preparation of an act of approval of land boundaries, which is signed by all interested parties (owners of adjacent plots);
• If a neighbor does not agree with the established boundaries, a claim should be filed with a judicial authority.

Owner's rights

If it is not possible to come to an agreement peacefully with the neighbor who has seized the land, then you must follow the law. In Russia, land relations are regulated on the basis of several legal acts.

These include:

• Article 301 of the Civil Code of the Russian Federation states that the owner claims to return his land plot. Anyone who uses someone else's land is subject to administrative liability;
• on the basis of Article 304 of the Civil Code of the Russian Federation, the owner of a land plot has the right to demand the elimination of all violations found on his land, even if the right of ownership has not been violated. For example, if someone interferes with a citizen’s use of his property, he has the right to file a negatory claim. Please note that a negatory claim is a claim directed to third parties to eliminate obstacles to the implementation of property rights;
• Article 208 of the Civil Code of the Russian Federation states that there is no statute of limitations for resolving issues related to the implementation of land rights. Thus, the owner of the site can go to court regardless of how much time has passed since the violation was committed.

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You have the right to go to court not only in case of violation of the inviolability of property rights, but also if a neighbor violates the requirements of SNiP 30-102-99. For example, if a neighbor built a bathhouse next to your fence. This figure must be at least three meters. In reverse order, the conditions do not lose their relevance.

Never start resolving a conflict with a court or other higher authority. Often the violator agrees to correct the deficiencies voluntarily. It is quite possible that the person did not know about the location of the boundaries of his property.

But if the neighbors do not want to agree to reconciliation, you can go to court. Please note that before involving a judicial authority, it is necessary to carry out a mandatory pre-trial conflict resolution procedure.

Application to the administration

After filing a complaint about the unauthorized occupation of part of the land plot, with the attachment of documents confirming the appeal to the neighbor and an attempt to negotiate peacefully, authorized employees review the submitted papers and make an appropriate decision.

Application to the Land Committee

Upon filing an application for violation of the rights of the owner of a land plot by a neighbor, an inspection is carried out by the competent authorities. The application must be accompanied by title documentation for the plot and a cadastral passport.

If a neighbor refuses to vacate the illegally used property, papers documenting attempts to resolve the issue by mutual consent can be used as evidence in a lawsuit.

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A neighbor has seized part of a public plot of land

For example, consider a situation where the plot is adjacent to a house that belongs to two families under the right of common shared ownership. One of the families has two personal vehicles, the second does not have a car. Cars are parked in a common area.

The second family can file a complaint regarding squatting if the first family occupy more than half of the total plot with parking.

If disputes arise with neighbors, seek advice from a lawyer. A specialist will be able to recommend the most appropriate course of action after a legal analysis of your situation. Write your question in the special field on our website.

In any case, when it is not possible to solve the problem peacefully “neighborly”, you will have to turn to the courts. Without a legal education, it is often difficult to competently draw up a claim and collect evidence. A professional can also help with this.

Where to contact

List of persons and institutions to contact:

• Conversation with a neighbor.
• If the plot is located in a dacha association, then they contact the chairman of the cooperative.
• Local authorities to impose administrative penalties.
• Court.

Property disputes with neighbors are not simple cases; they take a very long time to be considered, and courts last for years. Therefore, resolving the issue begins with peaceful negotiations. If this is not possible, it is recommended that you seek help from a professional lawyer. His help as a specialist in such matters will increase the chances of success.

Ways to resolve the conflict

Restoration of justice is carried out in the following sequence:

• Preparation of documentation.
• Oral conversation with the offender.
• Sending a letter to the violator with written notification.
• Applying to government agencies to initiate an administrative case and adopting a resolution.
• Appeal to the court on the issue of compensation for moral and material losses that were caused in connection with the illegal use of land.

It is recommended that you follow this sequence and begin the fight for your rights with negotiations and a peaceful resolution of the conflict. Moving a fence is not always associated with a neighbor’s desire to start a long war.

It is important to remember: According to the legislation of the Russian Federation, squatting is not considered a criminal offense, only an administrative one. You can be held criminally liable for deception, forgery of documents, and breach of trust.

Where to turn if your neighbors are bothering you

To protect your interests from unscrupulous owners of adjacent plots, contact the following authorities:

• district commissioner (takes measures to suppress illegal actions on the part of persons living in the territory under his control);
• police authorities (called promptly in emergency cases when the actions of neighbors threaten the life and health of people);
• local government bodies (resolve issues related to unauthorized seizure of land, disputes regarding the boundaries of territories);
• judicial authorities (resolve issues related not only to the suppression of illegal actions, but also compensation for damage to the injured party).

The most effective measures taken by the above authorities in relation to negligent neighbors is the imposition of penalties. As a rule, paying impressive sums in the form of fines for inappropriate behavior forces the owners of adjacent plots to think about their behavior and henceforth behave in accordance with the requirements of the law.

How to write a statement against a neighbor in the district police station

When contacting a local police officer, use the standard application form or draw up a document in a free manner.

However, in both cases, the application must provide the following information:

• Full name of the parties to the conflict;
• the essence of claims against neighbors (what rights were violated, the nature of illegal actions);
• facts of attempts to peacefully resolve the dispute;
• the requirement to protect your rights and stop unlawful actions of your neighbors;
• handwritten signature;
• date of application;
• list of documents containing evidence of unlawful behavior of neighbors (if available).

Make sure your application is officially registered and receive an acceptance mark.

From the date of filing the appeal, within 30 days, the district police officer, in accordance with the requirements of the law, is obliged to take measures to eliminate inappropriate actions on the part of neighbors and protect your rights.

The response to your application must be sent to you in writing, indicating the response measures taken to suppress illegal actions (drawing up a protocol on an administrative offense, confiscation of items restricted in circulation, etc.).

What to do if your neighbors behave inappropriately

Inappropriate actions of neighbors can manifest themselves in the form of psychological pressure, threats, insults, and dissemination of defamatory information. All of the above cases relate to circumstances that cause moral discomfort and, accordingly, require material compensation due to the provisions of civil legislation (Article 151 of the Civil Code of the Russian Federation). These issues are resolved in court by filing an appropriate application.

If the inadequacy of your neighbors has gone so far that their actions have turned into physical attacks, then in this case only law enforcement agencies will help you.

If illegal actions are observed on the part of elderly neighbors, before turning to the competent authorities to protect your rights, talk to their relatives. Most likely, this will be enough to stop the unpleasant actions directed towards you.

Perhaps the inappropriate behavior of neighboring people is caused by their advanced age or existing mental illness. As a rule, close people manage to convince elderly relatives to leave their neighbors alone.

The algorithm of actions in the event of conflicts with persons under the age of majority is similar to the previous situation. As a rule, contacting the parents of hooligans makes it possible to quickly stop illegal actions, since responsibility for the inappropriate behavior of teenagers lies with the legal representatives.

In addition, raise the question of compensation for the harm caused by their offspring to the parents of the perpetrators. As a rule, this circumstance subsequently discourages negligent neighbors from committing illegal actions against you.

What to do if neighbors in the area throw garbage over the fence

One of the methods of hooliganism that poisons life is throwing garbage over the neighbors’ fence. If you manage to catch a violator in the act of illegal actions, call the local police officer.

Despite the fact that these actions are insignificant at first glance and do not carry serious consequences, it is important to record the very fact of such hooliganism. If such situations are regularly repeated in the future, an administrative case will be initiated against the guilty party and a significant fine will be imposed.

An aggravating circumstance in this case will be the repetition (regularity) of hooligan actions.

If the violator’s land plot is under the jurisdiction of a dacha cooperative, then raise the issue at a general meeting about expelling the violator from the members of the dacha community. As a rule, in this case, the fact of public disclosure of neighbors’ inappropriate actions is enough for them to reconsider their behavior and think about its consequences.

What to do if neighbors in the area are rowdy

If among your neighbors there live people who systematically violate the norms of peace and quiet, immediately contact law enforcement agencies with demands to stop illegal actions.

If neighbors rent a residential building located on an adjacent plot, then it will be easier to resolve the conflict issue. Having learned that tenants are creating problems for residents of neighboring houses, the owners of the site will most likely decide to evict the careless tenants themselves.

If rowdies are land owners, then it is more difficult to resolve problematic issues with them. But if you present irrefutable facts of their illegal behavior (video recordings of fights, obscene language), then it is quite possible to prove the guilt of unscrupulous neighbors.

Register your appeal to the police officially and receive the incoming letter number. The problematic situation must be reviewed by police officers no later than 30 days.