Why neighbors in the countryside can file a complaint

Greenhouse / Questions for a gardener

Everyone wants to live amicably and without conflicts with their neighbors. But this doesn't always work out. In this article we will look at cases when you can file a complaint against your neighbors.

1 Violation of land survey
2 Buildings closer than 5 m - a house, 1 m - small architectural forms and a bathhouse from their fence
3 Trees closer than 2 m, bushes 1 m from the fence
4 Blocking the passage
5 Burning garbage, branches, leaves
6 Noise before 9am and after 10pm
7 Commercial production equipment
8 Landfill and open drains

Violation of land surveying

Violation of land surveying implies failure to respect the boundaries of the neighboring site. This can happen unknowingly or intentionally. But in any case, this fact violates the right to inviolability of private property and must be eliminated.

The most common reasons for violation of boundary boundaries are:

Unauthorized intentional change by a neighbor of the boundaries of someone else's land plot;
An error by the cadastral service specialist when taking measurements;
Official documents do not contain data on the boundaries of land plots;
Shortcomings in the Unified State Register of Real Estate documents that led to errors in reality.

If the reason is the unauthorized intentional act of a neighbor, and he refuses to return someone else’s land, then it is necessary to file a claim in court. Failure to comply with land survey boundaries is punishable by a fine, which depends on the cadastral value of the land. In addition, the violator will need to return someone else's land and demolish all his buildings from it.

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.

Buildings closer than 5 m - a house, 1 m - small architectural forms and a bathhouse from their fence

Buildings built close to an adjacent fence can cause several problems:

A large shadow is created between the houses. As a result, plants planted in this place grow poorly, and the soil takes a long time to dry out after rain.
Discomfort from the close proximity of windows of neighboring houses.
Sewage water, as well as snow from the roof, can fall onto a neighbor’s house, which will negatively affect its condition.
Building a house close to the boundary and installing an additional fence may threaten to violate the boundaries of the neighboring property.

Due to the possibility of such problems arising, the legislation regulates the minimum distance that must be maintained between the building and the neighboring site. So, for different types of buildings there is its own norm:

for a private house - five meters;
for small architectural forms and baths - one meter.

If these rules are violated, a claim must be filed in court.

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.

Trees closer than 2 m, bushes 1 m from the fence

In addition to buildings, you need to carefully approach the plantings on your site. Thus, planting trees and bushes next to a neighboring plot can cause:

Unfavorable shade for the neighboring area, which interferes with the growth of plants;
Creating an unfavorable microclimate on neighboring land;
Threatening neighbors' property in stormy weather.

To prevent the above problems, the legislator established the following norms for the distances between the plant and the border of the neighboring plot:

For trees - two meters;
For bushes - one meter.

If these rules are violated, a claim must be filed in court.

Blocking the passage

The legislator guarantees each owner of a land plot the opportunity to get to it without obstacles and complications. In addition, citizens have the right to freely visit public areas without anyone’s permission and without restrictions on the time spent in such areas.

Any plot of land on which it is permitted to erect permanent buildings must be provided with a pedestrian passage, at least one meter wide, as well as a passage for cars, at least three and a half meters wide.

Therefore, if neighbors block the driveway or otherwise impede access to the site, this is a violation of civil rights. To restore rights, you must file a claim in court.

If I have a question, where should I go?

The current legislation does not contain specific requirements for the sample complaint to Rosreestr. The applicant independently decides how it will look. However, its most correct preparation will allow you to solve the problem that has arisen in the shortest possible time. To do this, you must adhere to the following structure of the application:

introductory part (name of the regional Office, surname, first name of the applicant, his contact information);
main part (detailed statement of the circumstances of the conflict, facts confirming the official’s violation of his immediate duties);
final part (request to take action, list of attached documents, date, signature).

There are several alternative options to file a complaint with Rosreestr. These include:

By phone (citizens whose rights have been violated should know about the work of the hotline and helpline. By calling 8 (800) 100 34 34 you can find out information on issues of appealing against actions (inaction) of officials. If a person wishes to file a complaint regarding work one of the department's branches anonymously, then you need to dial).
On the Rosreestr website - an online complaint (in the “Help and Support” section, you should fill out the form provided. You must select the desired territorial division from the list and indicate the basis for sending the complaint. After this, fill in the applicant’s personal data and contact phone number. In a special field, you should briefly state the essence of the problem If you have supporting documents, it is advisable to attach them to the complaint. It must be said that writing a complaint to Rosreestr through the official website of Rosreestr is one of the most convenient options, since this can be done without leaving home).
Send a letter with a notification (a complaint against Rosreestr can be sent by mail to the Central Office of the department or to the Office for the relevant region. The letter must contain the claim itself and copies of the materials. The letter must be registered. After it is delivered to the addressee, a notification of delivery is sent to the applicant) – find out addresses and contacts.
Personal meeting with the manager (this method guarantees that the complaint will be registered and considered in a timely manner. At the same time, at the reception you can make an oral statement and receive a prompt response).

You can complain about Rosreestr to various structures authorized to resolve them. These include:

superior person of the authority;
prosecutor's office;
court.

If the dispute is not resolved, the citizen has the right to file a complaint with the prosecutor's office. The only condition is that it can be submitted only after an official response from the registrar. The most common cases of contacting the prosecutor's office are the lack of response to the applicant's appeal, deadlines were violated, the decision made was not justified, and the problem remained unresolved.

Expert opinion

Alice

Expert on Rosreestr services

If you have any legal questions, feel free to contact our specialists using the form below or the pop-up window on the right to explain your rights.

Most often, the grounds for appeal are:

To the prosecutor's office

A complaint against Rosreestr to the prosecutor’s office helps in the following situations:

transfer of personal data of the owner to third parties;
fraud by a public official;
conducting transactions with property without notifying the owner;
a complaint to the Office of Departments was unsuccessful.

You should file a lawsuit against Rosreestr when challenging acts of department officials or the prosecutor's office.

To apply to the court you need:

administrative claim;
documents on the right to the property;
official responses from previous authorities;
receipt of payment of state duty.

If the claim is submitted to the court by a representative, then a power of attorney must be attached. Representation of interests in court requires the representative to have a documented legal education.

If you have any legal questions, feel free to contact our specialists using the form below or the pop-up window on the right to explain your rights.

3) How to contact Rosreestr in case of unauthorized seizure of your territory by a neighbor? You can contact the territorial body of Rosreestr in writing, electronically through the Rosreestr website or by coming there in person. Addresses and telephone numbers for contact are available.

In the application, you must indicate the address and cadastral number of the land plot and information about the relocation of the fence or the fact of squatting of part of the territory belonging to you. The statement must also indicate that such actions led to a violation of your property rights.

4) What responsibility is provided for land squatting?

Based on your application, state inspectors for the use and protection of land will conduct an inspection and, if the violation is confirmed, they will issue an order to the violator to eliminate it, and will also draw up a protocol on the administrative violation.

For unauthorized occupation of a land plot, administrative liability is provided - a fine. For citizens, this is from 1 to 1.5 percent of the cadastral value of the occupied part of the land plot, but not less than 5 thousand rubles.

If the cadastral value of the plot is not determined, then the amount of the administrative fine will be from 5 thousand to 10 thousand rubles. 5) What if your neighbor doesn’t care about the instructions of land inspection inspectors? The order is issued for a period of 6 months, but this period can be extended if the violator takes measures to eliminate the violation, and he can document this.

After the expiration of the period established in the order, inspectors check whether the violation has been eliminated or not.

If the violator does not take any measures, another order will be issued and a protocol of administrative violation will be drawn up. 6) Why is it recommended to register land plots and carry out land surveying?

In accordance with our laws, cadastral registration and registration of rights are of a declarative nature. That is, the law DOES NOT oblige citizens to register real estate properties that belong to them, and these procedures are possible ONLY AT THE WISH OF THEIR OWNERS. But! If you are the owner of a land plot and want to dispose of it (for example, sell, donate or inherit), you need to register the plot of land in the cadastral register and register ownership rights to it.

Therefore, Rosreestr recommends that citizens register plots in accordance with the law. Rosreestr also recommends that copyright holders of plots that do not have precise boundaries still think about carrying out cadastral work (land surveying). Entering information about borders into the Unified State Register will save you from problems due to possible disputes, including with neighbors and with public authorities.

Try to first discuss the conflict situation with your neighbors; it is possible that they do not even suspect that they are breaking the law.

In order to prevent violations of the law, there are bodies that monitor the correct use of land, whose functions include:

checking whether there were in fact facts of unauthorized land seizures and violations of their borders.
ensuring the use of land plots strictly in accordance with their intended purpose, for example, preventing the construction of residential buildings on agricultural lands, engaging in business activities on lands allocated for housing construction;

Many problems are resolved through Rospotrebnadzor or Rosprirodnadzor, as well as the prosecutor’s office.
Disputes about boundaries are resolved in court if, after the land surveying procedure and appeal to the regulatory authorities, the problem cannot be resolved.
Is the land plot registered with a garden partnership or dacha cooperative? Complain to the board of these organizations. They must resolve the issue through a general meeting.
If a neighbor burns garbage on your property, you can contact the fire department. Although they will only react if there is serious fire. So it’s better to write to the administration immediately.

Important

Each situation is considered by local government officials on an individual basis, based on the specific circumstances of the case. However, in any case, the most important issue is the collection of evidence to establish an actual violation of your rights.

Noise before 9am and after 10pm

There is a law on silence in our country. In accordance with it, the permissible noise level in the daytime should not exceed 40 dB, and at night - 30 dB.

It must be remembered that each region sets its own time intervals for “noisy work”.

The law lists actions that disturb the peace of other citizens:

fireworks and other pyrotechnics;
listening to music using amplifiers;
loud screams;
construction and repair work.

If neighbors do not comply with the silence regime, this will be an administrative offense. And in this case, you must file a complaint with the district police officer.

When a complaint against neighbors is justified

There may be several reasons for writing a statement of unlawful actions behind the wall:

Uncleanliness - violation of sanitary standards for the operation of housing is described in Art. 6.4 of the Code of Administrative Offenses of the Russian Federation, systematic complaints from neighbors in this case can lead to the eviction of the troublemaker from the house;

Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport
Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport -
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

Loudness is a fairly common complaint in the presence of too much music, shouting, quarrels, noisy holidays, repair work at an unacceptable time of day, however, it is often impossible to prove that you are right in this case, since this very evidence is not always available;
Animals - there are many reasons to complain about this - barking, whining, walking on playgrounds, stench, aggression from animals, all this is a reason, however, this coin also has a flip side, since injury from unrestrained neighbors to animals is also may give rise to a complaint;

When neighbors interfere with your life, where can you complain? Watch the video:

Protracted repairs - every person has the right to improve their living conditions, however, if repairs have become an endless torture for neighbors, lasting for years, it is possible to complain not only about noise and unpleasant odors from paint, but also about unauthorized changes in the layout of housing or systematic shutdown of communication networks;
Flooding - this can happen to anyone, but if the flooding is systematic, and the neighbors have no desire to restore the damage to their property, it is possible to complain, especially since there is a lot of evidence in this case;
A brothel and drunkenness are also a reason for treatment, since the immoral behavior of these residents poses a direct threat to all residents of the entrance, young people and children are at risk, attacks and robberies are possible.

Commercial production equipment

Each land plot belongs to a certain category of land, which has its own purpose. If a neighbor uses his land for other than its intended purpose, for example, by setting up a commercial production facility on it, then he is violating the law.

To restore justice, you must file a complaint with the Rosreestr Office in the department of state land control, which will check compliance with land legislation in this regard.

Evidence base

Any appeal will be considered, but in order for all points to be taken into account, it is necessary to attach evidence of the event described in the complaint.

Acts, conclusions and any other documents of government bodies can serve as evidence if there have already been appeals regarding the commission of illegal actions by a neighbor.

For example, a neighbor makes noise at night, repeatedly organizes drunken parties, while his guests occupy or enter your territory, and based on these facts there are appeals to the police, the Ministry of Emergency Situations, and the security of the gardening partnership.

Other evidence will be photo and video recordings from surveillance cameras, video recorders and simply phones. It is better to print out the photo and attach it to the complaint.

Various opinions of experts or cadastral engineers, for example, in case of unauthorized seizure of part of the land or flooding, will become a weighty argument confirming what is stated in the complaint.

Note! The costs of paying independent experts will have to be borne by the applicant. It will be possible to recover them in full or at least in part only after going to court and the court decision entering into force.

If a collective appeal was unsuccessful and an individual complaint was filed, other aggrieved neighbors can be named as witnesses.

When considering the appeal, the applicant’s attempt to resolve the issue independently, without involving government agencies, is positively assessed.

In order not to be unfounded, to confirm attempts to resolve the issue amicably, it is better to use the mail services and send a demand to the neighbor to stop illegal actions, indicating the deadline, and after its expiration, file a complaint.

Garbage dump and open drains

The owner of a land plot has the right to carry out any actions on it that do not cause damage to others.

If a neighbor has set up a landfill on his land, this creates a threat to the sanitary and environmental conditions, and there is also a risk of fire. To solve this problem, it is necessary to file complaints with the SES and the fire inspectorate.

If a neighbor’s drains are open and sewer flooding occurs, this can result in damage to someone else’s property and also creates a threat to the sanitary and environmental situation. In this case, it is necessary to file a complaint with the local administration.

Thus, it is clear that there are many reasons for conflict situations with neighbors. In any case, first you need to try to resolve the conflict yourself and come to an agreement with them. If neighbors do not agree to a peaceful solution to the problem, then in this case it is necessary to file complaints with the relevant organizations.

Application consideration period

A citizen’s appeal in the form of a complaint can be submitted orally, in writing or electronically. A written appeal is registered upon submission. It is advisable to have another copy of the complaint with you, on which will be marked that the complaint was accepted and the date of registration.

If a complaint is filed in the form of an electronic document, it must be registered within three days. And after registration, a 30-day period begins to run, during which government agencies are obliged to consider the appeal, take the necessary measures and provide a response.

The law also provides for situations when a state or municipal body has the right not to consider a received appeal:

the complaint contains obscene or offensive words;
it is impossible to determine the essence from the content of the complaint;
on the issues specified in the complaint, the citizen has already been given explanations and recommendations, or the answer to the question raised in the complaint has already been posted on the website of the government agency when considering a similar appeal;
an answer to the questions specified in the complaint cannot be given, since state secrets would be violated.

In all cases where it is impossible to provide a response to the complaint, the state body informs the applicant about this within 7 days from the date of registration. If over time the reasons have been eliminated, the citizen can again file a complaint.

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