Permission to build a fence: is it necessary to obtain it and an agreement with a neighbor

The construction of a fence on your site is carried out in order to protect property. Before starting work, you need to figure out whether you need permission to build a fence at the location of the site and what kind of fence can be installed. As a rule, the fence is placed exactly along the border of the site and all standard distances for the construction of a house and other buildings are measured from it. In rural areas, large vegetable gardens are often not fenced at all. Within the city limits and on cooperative lands, the height and transparency of fences are strictly regulated.

Do I need permission to build a fence?

Common land between neighbors in a private house - what is it?

The concept of public lands is given by Art. 1 of the Town Planning Code of the Russian Federation. These are territories that can legally be used by an unlimited number of people. Public lands include:

• streets;
• embankments;
• boulevards;
• squares;
• squares;
• driveways.

The boundaries of public lands are called red lines. The owner of this territory is the municipality. If the territory is located within the boundaries of TSN, then TSN will be considered the owner of these lands.

Features of public lands:

1. If public lands are not fenced by the owner and there is no ban on free access, then any citizen can be present there legally. At the same time, he is obliged to ensure the safety of property and natural objects located on this site.
2. The law prohibits leasing public areas, allowing their privatization or selling them.
3. Federal and regional legislation applies to public areas. Therefore, individual nuances vary depending on the region.

What miscalculation is allowed?

Even the use of the most accurate and modern instruments does not guarantee that there will be no errors in land surveying, as such. The earth's surface is unstable, tectonic plates move, landslides and small movements of large layers of soil occur. Based on this, it is advisable to periodically check and clarify the coordinates of turning points and boundaries. So how much error is allowed?

As already mentioned, these norms are established by land legislation and are mandatory for compliance by all parties to property and legal relations.

The permissible miscalculation is set within the following limits:

• in populated areas - 10 cm;
• for private lands intended for farming, vegetable gardening and horticulture, construction of summer cottages and auxiliary structures - 20 cm;
• for agricultural lands where crops are cultivated in large quantities (farms, cooperatives) - 250 cm;
• for strategic, defense and special purpose enterprises - 50 cm;
• for factories and industrial facilities, regardless of their form of ownership - 150 cm;
• for the territory that is included in the reserve, forest and water fund - 500 cm.

These standards are mandatory. Today, the geodesy and cartography service has a sufficient arsenal of technical means and information resources to carry out measurements with a minimum level of error during land surveying.

Neighbor put up a fence on public land

Grabbing public lands is a popular issue. Installing a fence on it is a violation of the law. Moreover, it doesn’t matter whether it bothers the neighbors or not. In this case, the offense is formed by the very fact of seizure.

In order for a fence facing the red line to be installed in accordance with the law, the following nuances must be taken into account:

• When installing a fence, you need to retreat half a meter deep into the site. It is necessary that the gate swings open on the property of the owner;
• if the fence is on the border, then the gate should open inside the site.

Regional regulations may provide for additional restrictions.

Note! Placing a front garden on the area in front of the house is not always a violation of the law. In a number of regions, the land under the front garden is classified as public land. But laws set a limit on the size of the front garden. If it complies with the established standards, then the construction of a fence does not constitute a violation or land grab.

For example, in Abakan, front gardens are classified as common lands, but in the Altai Territory they are not.

How to file a claim for flooding of an apartment by neighbors?

How to draw up a report on flooding of an apartment by neighbors above? Sample

Designation of turning points

What is a piece of land? This is a simple or complex geometric figure projected onto the earth's surface. The configuration of the allotment can be a regular rectangular shape, have several corners, convex or concave sides. The permissible miscalculation during surveying directly depends on the complexity of the terrain and the total area on which geodetic work is carried out. But, the basis for all measurements and marks is a minimum of error regarding turning points.

It is from them that straight lines are drawn that define the limits of the allotment.

Restoring lost coordinates is carried out by transferring points from digital data on paper to the actual terrain. This data is encoded in a system of rectangular coordinates, which are stored in the Land Cadastre information system. The error in determining boundaries is significantly reduced when, in addition to geodetic instruments, data from space satellites, photogrammetry, cartometry and analytics are used.

The resulting coordinates are fixed directly on the ground with clearly visible landmarks. As a rule, they are marked wooden stakes. Subsequently, they are replaced with boundary markers of the established standard.

The coordinates are not entered into the cadastral passport, but a record is made that measurements have been taken and markings have been installed.

The neighbor blocked the passage

All buildings must be located within the site. The law prohibits going beyond borders. Moreover, each building must be located at a specified distance from the fence. For example, utility rooms should be built no closer than 1 m from the fence.

But going beyond the fence is not always a violation. If a neighbor has blocked the driveway or passage to the house, then it is necessary to find out who is the owner of the land plot. Perhaps the fence was erected by mistake, and this area is included within the boundaries of his property. In this case, the neighbor’s actions are completely legal.

Example. Citizen U. filed a lawsuit against citizen A. demanding the removal of obstacles to the use of the land plot. The woman explained that they own adjacent plots of land. There was a passage between the sections. But the defendant moved the fence close to the plaintiff’s fence. As a result, the passage between the sections disappeared. And the fence is continuous and shades the plaintiff’s property. The woman asked to dismantle the fence and return the fence to its original place. Having considered the case on its merits, the court refused to satisfy the claims. The defendant provided documents on ownership of the plot with valid coordinates. That is, he legally moved the fence, and the passage was located on his territory (Decision of the Prokopyevsky District Court of the Kemerovo Region dated January 26, 2017 in case No. 2-20/2017).

How are boundaries determined on the ground?

This process is carried out under an agreement with the customer or local administrations, private or public companies. The starting point for the activity is the drawing up of a plan that is agreed upon by all stakeholders. After this, practical work begins. To carry them out, high-tech equipment is used, which makes it possible to reduce the measurement error to almost zero. But you need to know that the more complex and modern the devices used, the more you will have to pay for the services provided.

But the absence of even the slightest errors is a very valuable factor where land is of high value or for plots of several hundred square meters, where every square centimeter counts.

The result of the measurements is a land survey, which has legal force in resolving all territorial issues.

Note: It is not allowed to change the boundaries indicated on the diagram without permission. This is subject to a large fine, which increases with repeated violations.

But, these troubles can be avoided if the change in boundaries does not exceed the permissible error when measuring land plots. Let's look at how these boundaries are formed.

The neighbor parks his car in the driveway

A neighbor can park a car in the driveway for the following reasons:

1. The terrain of the road does not allow parking the car near your fence.
2. The passage between the sections is narrow, so any abandoned car blocks the passage.

On the one hand, you can understand your neighbor. When going to the site, summer residents collect seedlings, pets, food, and tools. All this is difficult and difficult to move from the correct parking place to the dacha. On the other hand, an abandoned car can completely block access to other areas, as well as block the exit and exit from neighbors’ areas.

Of course, the first way to solve the problem will be to attempt a peaceful settlement. Ask your neighbor to move the car and allow you to leave. And in the future, discuss a more convenient parking location.

If you cannot resolve the situation peacefully, you can use the following tips:

1. Call the traffic police. Traffic police officers must draw up an administrative protocol on violation of parking rules. In this situation, the personal presence of the neighbor is not even required. He will simply receive a notice of the fine.
2. Do not wait for the traffic police officers, but independently send an application for administrative liability through the application. To register a complaint, just take a few photos. Moreover, such complaints can be filed daily. For each violation, a fine will be issued.
3. If the situation repeats more than once, you need to submit an application to the traffic police to install a sign prohibiting parking. The department does not always satisfy such requests, but there is a chance.

In addition, the injured party can go to court. But to do this, you need to prepare evidence that the parked vehicle is obstructing passage and this fact causes harm to the victim. The plaintiff's statement alone is not enough for the court, so the claim will be denied.

Example. Citizen T. filed a claim to remove obstacles in the use of the land plot and to recover compensation for moral damages to citizen Zh. The plaintiff explained that they own adjacent land plots. But the plaintiff's site is located in a dead end. And citizen Z. regularly parks his car, blocking the passage to the site. The attempt at a peaceful settlement did not yield any results. Therefore, he asks to prohibit the defendant from parking the car, blocking the passage, and also to recover compensation for moral damage in the amount of 200,000 rubles. The court refused to satisfy the demands because the plaintiff did not provide evidence that his rights were violated (Decision of the Sverdlovsk District Court of Krasnoyarsk, Krasnoyarsk Region dated July 25, 2019 in case No. 2-1323/2019).

In such a situation, the claim had to be accompanied by information about repeated prosecution by the traffic police. It was also necessary to provide measurements that special equipment (ambulance, fire truck) would not be able to access the house. In this case, there would be a chance to satisfy the requirements.

Identification of the owner

When moving a fence or blocking a passage, the neighbor is not always in the wrong. Sometimes during land surveying it turns out that the fence does not enclose the entire perimeter of the site. Of course, the neighbors are already accustomed to this arrangement. But the owner has the right to use the entire territory of his plot. Therefore, he has the right to move the fence so as to be able to use the territory that was previously behind the fence.

Therefore, first of all, you need to find out whether the neighbor moved the fence legally. Perhaps the disputed territory does not belong to public lands.

You can get information about boundaries online. If the plot is registered in the cadastral register, then you can see its boundaries on the Rosreestr website. If there is no information on the map, then you need to contact the municipality. Specialists will check the exact boundaries of the site and initiate a dispute with the violator.

Error in land surveying

Situations when problems arise with the accuracy of determining the boundaries of an allotment are not uncommon. Since this procedure is quite expensive, the permissible error when surveying land plots is not in last place. The need to carry out geodetic and cartographic work arises when receiving a new plot of land from the municipal fund or territorial disputes with the owners of adjacent territories. It is not uncommon for boundaries on the ground to disappear under the influence of natural factors or time. In order to establish or restore the exact coordinates of your properties, you need the help of specialists from land management companies.

Independent determination of the boundaries of the site does not have legal force, since to carry out such activities it is necessary to have an appropriate license. The professionalism of the employees and the availability of high-quality equipment are of no small importance. Let's consider within what limits it lies and what factors can affect this indicator.

Contact Rosreestr

The legal owner of the site whose rights have been violated can file a complaint. The application must be submitted to the Rosreestr office at the location of the land.

An application can be submitted:

• personally;
• by mail;
• on the Rosreestr website.

A complaint to Rosreestr cannot be anonymous. Therefore, the applicant must indicate his full name. and return address to receive a response. The response will be sent in writing within 30 days from the date of acceptance of the application by the department.

Liability for illegal use

The protocol on bringing to administrative responsibility is considered by the administrative commission of the municipality. As a result, the violator will receive a fine and an order to eliminate the violation.

Responsibility for the seizure of public lands is established by Art. 7.1 Code of Administrative Offenses of the Russian Federation.

The procedure for calculating the fine if the cadastral value of the plot is determined:

• for a violator - an individual - from 1 to 1.5% of the cadastral value, but not less than 5,000 rubles;
• for an official - from 1.5 to 2% of the cadastral value, but not less than 20,000 rubles;
• for legal entities - from 2 to 3% of the cadastral value, but not less than 100,000 rubles.

If the cadastral value is not determined:

• for citizens – from 5,000 to 10,000 rubles;
• for officials – from 20,000 to 50,000 rubles;
• for legal entities – from 100,000 to 200,000 rubles.

The order is issued for a period of 6 months. If the violation is not eliminated during this time, the fine is issued again and the order is repeated.

Going to court

If a situation arises where the relocated fence interferes with the access to or passage to the house, and also creates difficulties for the passage of special equipment, then it is necessary to go to court.

In such a situation, there is protection of property rights that are not associated with deprivation of possession. Therefore, the interested party has the right to go to court at any time without regard to the statute of limitations. The statute of limitations does not apply to disputes over the protection of property rights not related to deprivation of possession (Article 208 of the Civil Code of the Russian Federation).

That is, if a citizen has not gone to his dacha plot for 5 years, and upon arrival he sees his neighbors’ high fence that is blocking the passage to his plot, then he can go to court, even if more than 3 years have passed since the fence was erected.

Nuances when going to court

Features of going to court:

1. Before initiating the process, you need to write a complaint to the owner of the site. A written response must be attached to the claim.
2. The fact of violation of the applicant's rights must be recorded. To do this, you need to call specialists from the district administration or the TSN board. A written response to the complaint must also be attached to the claim.
3. Before going to court, it is necessary to send a claim to the defendant with a proposal to eliminate the violation. If no response is received within 20 days or the fence is not dismantled, then you need to go to court.
4. Documents must be submitted to the magistrate's court at the location of the site.
5. You should not conduct a land survey yourself. It is better to attach a petition to the claim.
6. The claim must include the plaintiff’s telephone number so that the court secretary can promptly contact.

Documents for the claim

In preparation for the process, you must collect the following documents:

• passport;
• documents on ownership of the site;
• extract from the Unified State Register of Real Estate;
• cadastral passport;
• response from the owner of the disputed site;
• responses to complaints;
• petition for a land management examination;
• receipt of payment of state duty - 200 rubles.

Statement of claim

The statement of claim to the court must include the following information:

• name of the court;
• applicant details;
• information about the defendant;
• third party (owner of the site - district administration or TSN);
• name of the claim;
• information about rights to the site;
• actions of the defendant that led to the violation of rights;
• information about contacting the owner of the site and supervisory authorities;
• reference to law;
• requirement to remove obstacles to the use of land;
• list of documents for the claim;
• date and signature.

Sample claim

Lawyer's answers to private questions

Neighbors built a store on public land near the house. Cars drive up to the store and block the passage to my house. Where to complain?

In this situation, you need to file a complaint with Rosreestr, the district administration and the prosecutor's office.

We live in the private sector. The neighbor pulled the fence up to the road. It is almost impossible to get to the house. What to do?

File a complaint with Rosreestr. The neighbor will be held accountable and forced to return the fence to its place.

There was a passage between the sites. The neighbors moved the fence and closed it. I started driving to the house through the territory of the enterprise, which is located on the other side of the site. But now they want to ban travel through the territory of the enterprise. This means I won't be able to drive home. What to do?

According to the layout, it cannot be that there is no access to the site. Contact the district administration and look at the urban planning plan. In it you will find legal access to the house. After which you need to file a claim against the person who blocked this passage.