What to do if a neighbor has seized part of the land?

Sometimes unpleasant situations happen with neighbors. One of the common complaints that lawyers hear when resolving land disputes is “the neighbors climbed onto my property with a fence.”

In a situation when you are asking the question “what to do, a neighbor has climbed onto my property,” it is important to understand that your rights can be violated more than once: firstly, they illegally took possession of your territory; secondly, if a high monolithic fence is installed, part of your crop, which will be in the shade most of the day, will suffer.

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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:

What to do if a neighbor is blocking the road

Roads are considered public lands. And we are not just talking about major roads. Public lands are considered to be footpaths, boundaries, and paths. The seizure of such lands is also prohibited by law.

Occupying roads may prevent other neighbors from accessing their property or the passage of special equipment. This issue is especially relevant for large-sized equipment (fire truck, tractor).

According to the Civil Code, citizens must exercise their rights without violating the rights of other neighbors. Therefore, it is strictly forbidden to block the only road to the site, litter it with garbage or block it with a fence.

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.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

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.

How realistic is it to do without going to court?

Without documentary support, statements that the land has always been “mine” are worthless, even if there is testimony from other neighbors, relatives, etc. A plot acquired or inherited must always be legally provided with a package of necessary papers. This applies to any property, even a room in a city apartment.

Distance from house to road according to standards

Even if conflicts on this basis with people on the other side of the fence have never arisen, make a separate folder for your own peace of mind and put all the necessary documents in it:

• a plan diagram of the site with the buildings located on it, which are provided with affirmative signatures from local authorities stating that everything was installed in accordance with the norms and rules;
• a document confirming ownership (inheritance act, purchase and sale agreement, disinterested transfer (donation));
• act of approval of boundaries, after carrying out geodetic work, signed by both parties, in whose presence the surveyors worked;
• other documents that seem important and related to territorial affiliation.

Blind fencing made of corrugated sheets

Procedure

The procedures for violating property rights vary. It all depends on whether the boundaries of the land plot are established. It's worth checking out each of them.

Set boundaries

If a neighbor has seized part of your land plot, and the boundaries have been demarcated, then the actions of the victim will be as follows:

• First, actual indicators must be compared with documentary information. For this purpose, a cadastral passport and a boundary plan are used;
• If violations are discovered, you can require the neighbor to move the fence. The fact of a violation is recognized as committed after its registration;
• If a neighbor refuses to voluntarily correct violations, it is worth using the opportunity to resolve the conflict out of court. To do this, contact the local administration and land committee.

Remember! It is necessary to collect a large package of documents for the court and the prosecutor's office. First of all, it includes title papers for the house. In addition, you will need to collect evidence of violation of the law.

If boundaries are not set

If boundary work has never been carried out in relation to the disputed land plot, the following procedure is provided:

• performance of cadastral works. To do this, contact a company that has received a license from the state to carry out such actions. The function is performed by a trained master who has received a certificate. As a result, an approval act is drawn up, which is signed by all interested parties;
• if, after dividing the borders, the neighbor does not want to vacate the unauthorized territory, you should contact the land committee, as well as the local administration;
• if as a result the neighbor still refuses to move, then you need to contact the prosecutor's office or court. To do this, you should collect a package of documents that prove your ownership of the site, as well as the fact of its violation.

The court will not accept the application for consideration if the pre-trial settlement procedure has not been carried out.

Watch the video. What to do if your dacha neighbor has seized the plot:

Is it possible to force a neighbor to install a fence?

It is impossible to force a neighbor to put up a fence against his wishes. The legislation does not provide for the mandatory installation of fences on one’s territory.

However, if your neighbor’s lack of a fence violates your rights and interests, in this case you can go to court.

For example, a large guard dog lives in your neighbor’s yard and can easily enter your property due to the lack of a fence. Considering that the animal poses a danger to you and your property, and the neighbor does not want to resolve this issue peacefully, you have every right to contact the local police officer.

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.

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.

To which authorities should I file a complaint?

There are a number of structures that can understand the situation and take the necessary measures to correct the identified violation.

These include:

• Gosstroynadzor;
• State Housing Inspectorate;
• Local administration represented by a body vested with certain powers;
• Prosecutor's Office;
• Court.

You can simultaneously contact all of the listed services; consider the last three options.

Application to the Land Committee

Often, land disputes are related to the refusal of the violator to remove waste products from someone else’s territory. One such example can be given. Citizens Ivanov I.I. and Smirnov A.A. are neighbors in the country. They have an adjacent plot of land, not divided by a fence. Here they conduct business activities. In the spring, citizen Ivanov decided to expand his land plot by planting vegetables on the territory of A. A. Smirnov. He installed barriers.

Smirnov showed his dissatisfaction and demanded to clear the square, but Ivanov refused to do this. As a result, Smirnov turned to the land committee with a statement about the seizure of land. In this case, Article 76 of the Land Code of the Russian Federation applies. This provision states that the owner has the right to independently clear the occupied territory.

Please note an important point! If the violator used someone else's land plot to make a profit, the owner has the right to recover compensation from him. Such actions serve as grounds for filing a claim in court.

Please note! Unauthorized occupation of a land plot is an administrative offense. It is punishable in accordance with Article 7.1 of the Code of Administrative Offences.

Punishment is most often a fine. Its size is determined as a percentage of the cadastral value of the land plot.

If the cadastral price has not been established, the court shall impose a fine in the amount of:

• up to 10,000 rubles for citizens;
• 50,000 rubles for officials.

If an invader has occupied a territory that does not have an owner, there will be no problems with registering the site.

To legalize the right, you should contact the local land committee and submit a package of documents:

• passport of a citizen of the Russian Federation;
• application of the established form;
• land surveying;
• documents establishing the right to an adjacent land plot.

Those persons who have committed the following actions are brought to administrative liability:

• taking possession of a land plot or part of it without the owner’s permission;
• exploitation of a land plot without having title documentation for it;
• exploitation of a land plot without permission from local authorities (if the private owner has not been identified).

Self-occupation of a land plot means not only its unauthorized use, but also a violation of the requirements established by SNiP.

ATTENTION! Look at the completed sample application to the land committee:

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:

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If the neighbors did not initially discuss the installation of the fence among themselves and did not document it, then there are two options for what to do:

1. pre-trial dispute resolution;
2. restore justice through the courts.

To resolve the dispute peacefully out of court, you can try several options. First of all, you can simply talk to your neighbor and point out to him his mistakes based on the norms provided by law. If he hears the request, then this will be the best solution to the conflict without discord in the relationship. If this doesn’t work, and the plot is owned by a gardening partnership, then you can go to the chairman. He needs to leave a written statement, based on which he must conduct an explanatory conversation.

ATTENTION !!! If this does not help, then there are other organizations where you can complain about your neighbor in order to resolve the dispute out of court. These include the district administration, to which you need to contact with an official request. The result should be a written response confirming or refuting the fact of violation of current standards.

If you have a land surveying plan in hand, then you can immediately go to the land protection inspector. If he confirms that the fence is installed in an inappropriate place, he will impose a fine and issue a document according to which the fence must be moved.

The neighbor should already understand at this step that he may be sued. As a result, in any case, he will have to move the fence, pay a fine, and also pay compensation.

Unfortunately, citizens often write on various forums that their neighbor does not react in any way to reasoned arguments and fines. In this case, the problem will have to be resolved through court.

To do this you need to take the following steps:

1. Obtain an expert opinion regarding border violations.
2. Draw up a claim and prepare everything that can serve as evidence.
3. Wait for the court hearing and its decision.

When drawing up a claim, it is worth considering that you can demand compensation from your neighbor for damages for using the land, as well as payment for moral damages. It is necessary to attach to it an expert’s opinion, a document confirming the ownership of the site (this can be an extract from the Unified State Register of Real Estate) and a boundary plan.

The chances of success in court are extremely high. Usually the plaintiff wins such cases.

Responsibility of a neighbor for seizure of land

Seizure of a land plot is an administrative offense, which is provided for in Article 7.1 of the Code of Administrative Offenses of the Russian Federation. According to this provision, the person who violates the right is punished with a fine.

The size of the fine directly depends on the cadastral value of the land plot. Ordinary people, that is, individuals, are required to pay from 1 to 1.5 percent to the state treasury. But the total amount should not be less than five thousand rubles.

If the dispute is in relation to a land plot, the cadastral value of which has not been determined, then the amount of the fine will be from five to ten thousand rubles.

In addition to imposing a fine, the court will oblige:

• return the land plot to the actual owner;
• restore existing borders;
• remove all structures that were erected on someone else's land.

The violator is brought to parallel liability for the illegal construction of a building on someone else’s land, if any. Costs are borne by the plaintiff. But if the defendant’s guilt is proven, then the total amount is subject to recovery from him.