If your dacha neighbors behave dishonestly, you should not let the situation take its course. Competently defend your rights and be prepared for litigation.
Every summer resident wants to enjoy spending time on the plot: growing vegetables and fruits, growing flowers, and relaxing with the whole family. But often this idyll is disrupted by the inappropriate actions of neighbors. We have already written about how to defend your rights when solving issues around the fence, talked about being next to an angry dog and ways to solve this problem. They suggested ways to protect against dacha theft.
Today we’ll touch on other problems that also often happen on plots and make summer residents real enemies. Perhaps you will recognize your neighbors in these situations, and maybe even yourself. In any case, you will know how to act competently in a controversial situation.
Let’s say right away that the best way to solve the problem is to personally talk with your neighbors and resolve the issues that have arisen. If the peaceful path is closed, you will have to turn to legislation, which we will specifically discuss below.
The neighbor raised his plot
There is no law that would prohibit land owners from adding soil to their land. But everything that is done within the fence should not interfere with those who live on the other side of it. Often neighbors unilaterally raise their plot by 0.5-1.5 or even 2 m in height. As a result, the neighboring dacha begins to suffer from excess moisture and flooding. Dampness often appears in a country house. In addition, some neighbors are burying their gutters, making the situation worse.
How to solve a problem. Make a written claim to your neighbor to remove obstacles to the use of the site and hand him this document against signature. Next, stock up on your arguments. The most important thing in this situation is to prove that the damage to your property was caused precisely by the actions of your neighbor, so order an independent assessment. You can also ask the local administration to conduct an inspection. If the neighbor still does not respond to your claim, with the documents received, after weighing all the pros and cons, you can go to court on the basis of Article 304 “Protection of the owner’s rights from violations not related to deprivation of possession” and Article 15 “ Compensation for losses" of the Civil Code of the Russian Federation.
What to do if a neighbor put up a fence
A popular situation is to install a fence in a public area. This situation does not always violate the rights of neighbors. But the fact of violation is counted regardless of whether the rights of neighbors were violated.
Example . Vasilina planted a front garden next to her plot. She fenced him and her land with a common fence. Although the fence did not interfere with other neighbors, during the inspection, administration officials issued a fine for trespassing. The woman tried to challenge the administrative violation report in court. However, the court confirmed the powers of the municipality employees.
Thus, erecting a fence on public territory is a violation of the law. This is considered a seizure of municipal land. Since all public lands, by default, are municipal property.
If such actions of neighbors lead to a violation of the rights of other residents, the citizen has the right to initiate an inspection by the authorized bodies. If a violation is discovered, the culprit will be held accountable.
If the culprit does not eliminate the violation on time, the fine will be issued again.
The neighbor spoiled the water in the well
According to sanitary standards, the distance between the septic tank and the fence of the neighboring area must be at least 2 m. And before installing the septic tank, you must find out if there is a well with drinking water nearby. But sometimes it happens that a neighbor is not at all interested in such issues and arranges the sewerage system in the way that is convenient for him: close to the neighbor’s plot and well. As a result, the water in the well spoils or it is simply scary to use it, although it looks as usual.
How to solve a problem. Write a complaint to the local administration or Rospotrebnadzor so that they can determine whether the similar location of the neighbor’s septic tank complies with the standards. It will also be necessary to conduct a sanitary examination, which will show whether the water in the well has become worse in quality, and whether it is affected by the discharge of the neighboring sewerage system. With the obtained analyzes of the composition of the water and the results of the inspections, you can go to court on the basis of Articles 304 and 15 of the Civil Code of the Russian Federation.
Reasons for filing an application for neighbors
Each individual case of filing an application for residents of neighboring houses has many different nuances and special grounds.
The most frequently registered complaints are about the following actions:
- Frequent explosions of pyrotechnics, such as firecrackers, occurring near your property;
- Systematically occurring night festivities, showdowns, scandals;
- The land plot or the buildings built on it are used for other purposes, for example, a store is organized in a residential building;
- Neighbors are engaged in the illegal production and sale of alcoholic beverages;
- Citizens living on a neighboring property have damaged property that belongs to you, for example, a fence that surrounds the property;
- A neighbor takes waste into the local area or makes a mess around the house;
- The neighboring area is not properly maintained, for example, the area is not mowed or other necessary actions are not taken.
The neighbor made a dump on the boundary
flickr.com
Neighbors often cause trouble by not handling waste on ceremony and throwing it on the border of their land plots. Weeds, carrion, watermelon rinds and other organic debris rot over time, attracting wasps and flies. And if you grow plants next to the boundary, they can even get sick from such proximity. Therefore, such actions must be stopped immediately, and there is a way to do this.
How to solve a problem. First of all, submit a statement to a representative of the SNT board, where you describe in detail how your neighbor is violating sanitary standards. It would be a good idea to take a photo or video. You can also file a complaint with the municipal administration or administrative and technical supervision. With the results of the inspection, go to court on the basis of Article 304 of the Civil Code of the Russian Federation.
What can be considered a land grab?
It's good when neighbors live together. But not always several families manage to keep the peace. In this case, some disagreements and disputes arise. Sometimes unscrupulous people try to harm their neighbor. So the question arises of what to do if a neighbor has entered the plot and is trying to appropriate part of it.
To answer the question of what to do if a neighbor climbed onto my property, it is necessary to analyze in detail the concept of “squatting.” In Russia, squatting is the illegal appropriation of part of the land belonging to another person. In this case, it does not matter much who occupied someone else’s property: a private person or the state. An occupier is an individual or legal entity who has unauthorizedly occupied part of a land plot owned by another owner.
Attention! Any squatting must be proven in court. Solving the issue on your own is not allowed.
The right of ownership guarantees the separate use of property. That is, it is impossible for someone other than the owner to use the land. If the plot does not belong to any of the neighbors, then the owner of this land is the state. The right protects the owner from attacks by third parties on his property.
The most serious violation in the field of land ownership is the construction of a capital building. In fact, a person builds a house, center or something else on someone else’s land. In the future, such a building is considered a self-construction and is subject to demolition.
Some people think that it is possible to acquire ownership of a plot after the construction of a building. Of course, you will have the opportunity to exploit the land, but it is not a fact that the court will not recognize the construction as unauthorized construction. After all, no papers were drawn up before its construction.
Of course, it is possible to legalize the construction of the building, but it will be very difficult. Often, owners are faced with a refusal, since the town planning commission did not issue a building permit. And it doesn’t matter who now owns the land.
In addition to constructing a building on someone else's property, other violations are sometimes committed.
These include in particular:
- use of adjacent lands for one’s own purposes, without having title documents for the site;
- installing a fence or erecting a structure on territory that does not belong to the owner;
- violation of land boundaries;
- use of a land plot as a place for storage of products, materials, products, etc.;
- boundary violation.
The latter happens when an unscrupulous neighbor arbitrarily wishes to build a fence not on his own territory, but on the neighbor’s property. In fact, he is taking over the earth. However, this can only be proven through the court or the prosecutor's office.
Important! Before contacting higher authorities, try to talk to your neighbor. It is quite possible that he does not know that he has captured your site. It happens that land documents are damaged or lost, so the owner cannot determine where the border of his part is located.
Writing off debts on land, property and transport taxes from the population in 2019.
How to register ownership of a land plot if there are no documents, read here.
How to find out the boundaries of a plot using the cadastral number, read the link:
The neighbor's old car is parked on the road between the plots
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Old cars need recycling. But often such auto junk lives out its life in summer cottages. If your neighbor abandoned his car on the road, hasn’t used it for years and has no intention of cleaning it up, you can find justice for him, although it won’t be easy.
How to solve a problem. File a complaint with your local administration or traffic police. If possible, take a photo of the old car. If all is unsuccessful, go to court. The basis for filing an application will be Article 304 of the Civil Code of the Russian Federation. But know that you should file a lawsuit only if the junk vehicle prevents you from accessing your property and your rights to use the property are violated. In another situation, the court is unlikely to be able to force the neighbor to remove the car.
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.
A neighbor dumps the contents of his septic tank into a ditch.
Draining wastewater into a ditch violates Federal Law No. 52-FZ of March 30, 1990 “On the sanitary and epidemiological welfare of the population” (Article 8). Such actions by a neighbor pose a great danger: they harm the environment and contribute to the spread of diseases.
How to solve a problem. Immediately write a statement to the sanitary and epidemiological service of your region, which will have to stop the actions of your neighbor. It is also advisable to take a photo or video of the violation to support your complaint with evidence.
Your neighbor dumps snow from his property into your yard.
Has your neighbor gotten used to throwing snow from the roof and paths behind your fence? He is not right! There is clearly a violation under Article 304 of the Civil Code of the Russian Federation.
How to solve a problem. If possible, take a photo or video of your neighbor dumping snow in your yard. Then write a statement to the local administration or police, after which the neighbor should be brought to administrative responsibility. You can also legally recover money from him for moral damages and expenses for hiring snow cleaners, if any (Articles 15 and 151 of the Civil Code of the Russian Federation).
Tell your neighbor what you can do with the snow on your property. Maybe he'll stop dumping it in your yard.
- What to do with snow on your property - a selection of valuable tips
We tell you what to do with snow so that it benefits plants and does not harm country buildings.
Let's sum it up
There are a great many ways to annoy nasty or inappropriate neighbors - from harmless to quite dangerous. In any case, you should not use them without trying to resolve all tensions peacefully. Indeed, in this case, the summer resident himself becomes like a neighbor. If there is no other way out, you should try to minimize the damage from your tricks so that it does not exceed the level caused by your neighbors.
We hope that you were able to glean some useful information from our article. If something remains unclear, write about it in the comments. The HouseChif editors will definitely clarify all the points. If you yourself got involved in such a “war,” tell us about it. Such information will be useful to other readers. And finally, we suggest watching a short but quite fascinating video on today’s topic.
A neighbor has blocked access to the pond
Owners of properties located near fire reservoirs often suffer from flooding. And they unauthorizedly dig a ditch near the shore so that water does not get into the area. As a result, other residents can no longer drive up to the reservoir, because... All they have left is a flimsy wooden bridge. In such a situation, the summer residents of the regional plots are wrong. Reservoirs are public objects and access to them cannot be arbitrarily limited. Such actions violate Article 6 of the Water Code of the Russian Federation.
How to solve a problem. Write a statement to the local administration. Better yet, file a collective complaint with other summer residents. Describe the situation when a neighbor seizes the shore of a reservoir. Soon he will be forced to fill up the ditch.
The neighbor has noisy feasts every weekend
Songs, screams, loud music, obscene exclamations, explosions of firecrackers and fireworks - if you hear all this from a neighboring site several times every week and have long dreamed of silence, you should not leave the situation like that. It is possible to make noise in personal plots, but within certain limits. Each region of Russia sets its own standards. For example, in the Moscow region there is a law “On ensuring peace and quiet of citizens”, according to which you cannot make noise:
- from 21.00 to 8.00 on weekdays;
- from 22.00 to 10.00 on weekends.
For violating the silence, individuals may be fined from 1,000 to 3,000 rubles. In case of repeated violation - up to 4,000 rubles.
How to solve a problem. Cooperate with other summer residents who are also bothered by noise, and calmly talk to your neighbor. If he does not react at all, call the police or contact Rospotrebnadzor. To prove illegal actions, be sure to make a video or audio recording of your neighbor's party.
The neighbor constantly burns garbage on his property
Uncontrolled burning of garbage in summer cottages is prohibited, so if a neighbor is bothered by a pungent smell and smoke, the law is on your side. According to the rules, the fire must be located at a distance of at least 50 m from housing and outbuildings. A fire extinguisher must be kept nearby. In case of violation on the basis of Article 20.4 “Violation of fire safety requirements” of the Code of Administrative Offenses of the Russian Federation, individuals are subject to a penalty of 2000-3000 rubles.
How to solve a problem. Call the Ministry of Emergency Situations or file a complaint with the local police officer.
- How to properly burn garbage on a site - we understand the laws
Is it possible to burn garbage at the dacha and how to do it correctly so as not to get a fine? We analyze laws and orders.
Where to complain about neighbors on a plot of land
You can send a complaint against citizens living in the neighborhood to several authorities.
Most often, applications are sent to:
- To the district police officer. Applications written according to the above sample are most often considered by an inspector, whose duties include taking measures to promote order in the territory entrusted to him. In this case, the most important thing is to fill out the application correctly;
- Police. A complaint filed with this body is one of the most effective ways to reason with offenders - few people want to deal with this body, whose methods are harsh. When neighbors are having noisy night parties, calling the police has a sobering effect, and systematic visits from employees of this body, who issue one fine after another, will for a long time discourage any desire to disturb the peace of neighbors;
- Court. The mere mention of an application submitted to this body has an amazing impact. It is necessary to submit several complaints from other neighbors or create a collective one, attaching existing evidence to it, in order to increase the likelihood of winning the case. An administrative fine, especially a large one, will force neighbors to reconsider their behavior.
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How to improve relationships with neighbors in your dacha
You don't have to be friends with your neighbors, but no one has canceled the simple rules of politeness. Try to always say hello to them, be friendly and do not discuss their life and habits with other people. If your neighbors want to make friends with you, don't refuse. Accept the invitation to visit and somehow invite them to your place, but unobtrusively.
If you absolutely do not want close communication with your neighbors, explain this to them directly, openly, but at the same time tell them that they can always count on your possible help. In cases of hostile or even aggressive behavior on the part of other summer residents, you can always have support in the person of the chairman of the board of SNT or the police.
- Country neighbors: how to stop fighting and start living together
Good neighborliness in the country: myth or reality? Let's figure it out.
What “dacha wars” did you take part in and how did it all end? Share your stories, maybe they will help other readers solve problems with their neighbors!
Neighbors are walking around my property, what should I do?
Sharafutdinov Eduard Rinatovich, an employee of the Department of Private Security of the city of Artyom, on the night of June 19-20, broke into my house, hit my husband, handcuffed him, and put him in a patrol car. My husband’s friend V.V. Ulitin a disabled person of the second group, twisting his arms, he also took him out of the kitchen of my house and put him in the same car, keeping them until the morning, returning from his house, he took them to the police department of the city of Artyom.
There were two more policemen with him, I don’t know who they were. The next day, at lunchtime, in the same patrol car, he drove up to my house, climbed over the fence from the side of his house, tramped around my city for a very long time, probably looking for something. Then Sharafutdinov went around to all the neighbors demanding that they write against my husband and V.V. Ulitin. statements.
After this, Sharafutdinov Eduard Rinatovich threatened my daughter with reprisals against her and his father, not wanting to talk to UlitinV’s wife. V. over the phone demanded from her the passports of my husband and his friend. Having frightened and deceived my daughter, he took her passports, kidnapped her and took her to the school of Artyom. Then followed the trial of my husband and his friend where they were sentenced to two days in prison for some kind of hooliganism, Sharafutdinov simply could not brazenly do more lie.
Having been freed, my husband and his friend filed a criminal case in the Investigative Committee of the city of Artem against Sharafutdinov E.R. and his colleagues. Investigator of the Artyom Investigative Committee, Lieutenant of Justice SvinarenkoA. S. very quickly carried out, as he said, “conducted an investigative check” and closed this complaint, saying that there was no such thing. But a criminal case appeared in which my husband was accused of insulting a police officer in, as they say in the legal term, “in grossly obscene form,” and for a whole month Svinarenko mocked my husband, his friend, and my youngest daughter. Some local police officer whom we had never seen fined my husband and his friend V.V. Ulitin. for crossing the street in the city of Artyom, he drew up protocols and forged signatures, which was proven by an examination in the city of Vladivostok, and also opened a criminal case against my husband for resisting some police officer with the same lie. During this time, my eldest minor daughter was beaten three times, all criminal cases were closed, the examination was falsified, my husband was forced out of my house, every day some policemen drive along my street, organize illegal reprisals against me, neighbors attack my house armed with iron pipes. And the employees of the Private Security Department help them with this by walking around my yard at night armed.
On September 4, 2015 at 10.25 in the morning, from the window of my house I saw a patrol car from the OVO of Artyom parked opposite our site. Half the body of OVO employee Eduard Rinatovich Sharafutdinov leaned out of the car window.
He studied the yard carefully. Noticing that I was watching him, the car quickly drove away.
Member of the administrative commission of AGO KochetovM. V. gathers demonstrations near the entrance to my house, talking with all persons interested in the conflict and with his behavior and actions increases their anger towards me. After his departure, the aggression of the crowd of neighbors grew to the point of hatred towards me and my family and attacks on me, threats against me and obscene language reached unbearable proportions. Also KochetovV. M., who came to see me twice, deceived me and gave me a fine for garbage. I also opened an administrative case, saying that my husband dug a trench and flooded the neighbors - a blatant lie.
Many other things have happened during all this time: the terror of police officers is intensifying, and those interested in the conflict are becoming even more impudent.
I am a disabled person of the second group with cerebral palsy, left alone in this damned house on Luchegorskaya street 8
and to this day I see no end to this terror. What should I do? Help me please. The impunity of law enforcement agencies gives rise to more and more repressions, soon they will simply kill me, my husband and my children.
