Supreme Court of Land Disputes. The practice of considering land disputes. Judicial practice on establishing the boundaries of a land plot
How are land issues considered in judicial practice? What is the procedure for considering and resolving land disputes? What are the types of land disputes?
The townspeople have always dreamed of having their own piece of land, where you can take a break from the bustle of the city and the constant stress of the stone jungle. It just so happened that the land around large cities is not enough for everyone, but it is expensive.
It is not surprising that battles over the possession of a small plot sometimes take place that would have been the envy of medieval landowners.
Fortunately, in our time land disputes are resolved not by force of arms, but by law, although some are not averse to competing in foul language and scratching their fists. My name is Valery Chemakin. As a legal consultant, I will tell you about civilized ways of resolving land disputes and the peculiarities of their consideration.
I have prepared for you an algorithm for solving the land problem, which you can successfully apply in practice. In addition, I have a review of several well-known law firms that will assist in solving problems related to land conflicts.
1. What are land disputes
Some people need land to build their homes, others to grow vegetables and fruits, others to relax with friends in the bosom of nature, and some just “to have it” - for subsequent sale at a profit.
Be that as it may, today the land plot is private property. Therefore, each person protects his right to own it.
These are disagreements between people about the ownership of land, about the boundaries of the site, about the ways of its use, alienation or the conditions for the seizure by the state.
Despite their high prevalence, conflicts over land are so diverse that it is difficult to find two that are the same. In this regard, consideration of land disputes is a complex process that most often takes place with the participation of a lawyer. After all, it is not easy to independently understand all the nuances of land and civil legislation.
Especially complicated are those associated with the transfer of land plots by inheritance. Although the concept of land disputes, as a type of property, is enshrined in civil law, it is impossible to ignore the Land Code in resolving them.
It enshrines the basic concepts and defines the types of land according to the method of use, without which it is impossible to resolve a single land dispute. Therefore, the lawyer involved for assistance must have knowledge not only in civil, but also in land law. There are a lot of reasons for land disputes.
Here are just a few of them:
- Sergei Petrovich and Nikolai Ivanovich cannot agree on the border between the sections;
- Uncle Vasya bought land with an area of 7 acres, but it turned out that there were only 6;
- after the death of Baba Masha, the grandchildren cannot divide her garden in any way;
- Eduard's uncle presented the land to Edward, but it turned out that he was in shared ownership;
- Nikolay does not agree with the amount of compensation from the state for the withdrawal of his land from circulation in connection with the construction of the highway.
Each owner will give a few more examples of such examples. They have one thing in common - the emergence of a land dispute between the owners of plots or between citizens and the state.
2. What are the types of land disputes - TOP-5 main types
It is accepted to classify conflicts based on land legal relations on the basis of the reasons that gave rise to the dispute.
Here are some of their types.
View 1. Disputes in connection with the violation of the boundaries of the site
Determining the boundaries of a site without the help of land surveying engineers is not always easy. When purchasing even an old object, one cannot be sure of the correctness of the boundaries. Indeed, over time, the fence, at the will of the former owners, could migrate in any direction. Therefore, disputes about the boundaries of land plots arise all the time.
Example
Oksana inherited the old grandmother's house, which she demolished and began building the house. Everything would be fine, but the neighboring hut burned down and the ashes, along with the fences, were leveled with a bulldozer.
Relying on her memory, the woman laid the foundation and erected the walls. Subsequently, it turned out that she "climbed" 2 meters on the site, which was bought by another citizen - Yulia.
This was enough for a land dispute to arise, which was settled out of court. The enterprising Julia demanded compensation from Oksana in the amount of 150 thousand rubles. On that and decided. We carried out a new survey and legalized the borders.
View 2. Disputes in connection with the determination of the area of the site
Such disputes often arise after the acquisition of plots, the surveying of which was carried out a very long time ago or of poor quality. As a result, one area is indicated in the documents, but in fact it is completely different. The new owner orders measurements and, with their official results, tries to return the overpaid money.
In addition, a similar situation may arise when, due to incorrect data on the area, a large amount of land tax is charged. In the event of such land disputes, an appraisal forensic examination is appointed with measurements of the area.
Type 3. Disputes over the seizure of a land plot for state needs
In some cases stipulated in the Land Code, the state has the right to withdraw land from circulation. The owners are paid compensation equal to the market value of the plots. However, this issue is controversial. After all, the amount of compensation depends on the competence of the appraiser and the degree of his interest in good relations with the authorities.
Since everyone has the right to hire an independent appraiser, the results of the assessment of which can be very different from the official ones, this type of dispute is quite common. One of the parties in this case is the state or the municipality.
View 4.
Litigation on the recognition of ownership of a land plot arise in cases where this right is challenged by someone. This situation is often associated with inheritance, when relatives are unhappy. In some cases, a person actually owns real estate for a long time, but did not register it properly.
If such a situation arises, an appeal to a court of general jurisdiction is required, which considers land disputes. This is necessary when there are persons who disagree with your opinion. If no one disputes it, then the issue is resolved according to the rules of the dacha amnesty.
View 5. Disputes over the recognition of illegal actions of state bodies
Not always government bodies go to meet the citizens. Conflicts often arise over privatization, the allocation of land to certain categories of citizens, the imposition of easements, the transfer of land to another category. It is difficult to dispute the decisions of these bodies, since a professional lawyer will be working against you. However, what is stopping you from hiring a professional lawyer?
3. How land disputes are dealt with - 7 main stages
Conflicts related to land legal relations are considered both out of court and in court. In the first case, when a land dispute arises, it is necessary to write on the merits of the issue to the opposite party. Further, everything depends on the opponent's desire to resolve the conflict peacefully.
If nothing happened, then you will have to go through several stages to resolve the issue in a court of general jurisdiction. Only land disputes between economic entities are subject to consideration in an arbitration court, and if there is an appropriate agreement between them, then such a dispute can be considered by an arbitration court.
The municipalities also have commissions for resolving land disputes, which deal with the issues of allocating plots, agreeing on their boundaries, as well as the allocation of "in kind" shares from agricultural land. In some cases, it is more expedient to go there.
Stage 1. Drawing up and filing a statement of claim
Having studied the subject, the grounds for occurrence, jurisdiction and jurisdiction of the land dispute, you need to write on it statement of claim... It is better to take a sample from the office of the court in which you are going to file a claim. Describe the situation in detail and state your position on the case reasonably. Don't forget to include links to proofs.
What should be in the claim:
- the name of the court and its address;
- installation data of you and your opponents;
- information about the persons whom you wish to invite to testify in your defense;
- detailed description of the situation;
- the essence of the requirements for the opponent and their justification;
- a petition for the application of interim measures in the consideration of a land dispute;
- the cost of the claim.
Do not forget that the statute of limitations in civil cases, including land disputes, is 3 years. When the deadline is missed, you will first have to restore it in court, if there are sufficient grounds for this. Pay the state duty on the land dispute.
Stage 2. Notification of all parties to the dispute
After filing a claim, do not forget to notify all parties to the dispute in writing. Your actions should not come as a surprise to them. Perhaps the opponent, frightened by the trial, decides to settle everything amicably.
Stage 3. Preparation and study of case materials
All available documentary evidence in the case must be attached to the statement of claim and the entire package must be transferred to the court registry. Within a certain time, the judge will examine the documentation and set a date for the hearing, of which you will be notified.
Stage 4. Execution of court proceedings
The settlement of land disputes in courts is carried out within the framework of civil proceedings. This means that the process is adversarial, and the judge decides on the land dispute based on the evidence provided by the parties. The one who can prove his position more convincingly will be right.
Stage 5. Adoption of a court decision
After the end of the hearing, the judge will take a break to make a final decision. Sometimes it takes several days to make a decision. In the end, the judge will deliver his verdict. You just have to agree with him or not.
Stage 6.
If the judicial act did not satisfy you in whole or in part, then appeal it to higher authorities. Try to be more convincing there, as the percentage of canceled decisions of the first instance courts is small. The time frame for appeal is indicated in the decision. Try to keep within them, otherwise you will not have such an opportunity.
If you are satisfied with the court decision, go to the next point. However, remember that the opposing party also has the right to appeal.
Stage 7. Execution of the judgment
A court decision that has entered into force is subject to execution to the extent specified in this act. If it is ignored, then you have the right to contact the bailiffs service to enforce a court decision on a land dispute, which begins from the moment of initiation of enforcement proceedings.
4. Professional assistance in resolving land disputes - an overview of the TOP-3 law firms
As you can see, the litigation process is complex and unpredictable, often requiring professional legal assistance.
Please contact the following companies with questions on land disputes.
It is a well-known Internet company in Russia that provides legal services. A large number of lawyers work on a free basis. The site is an exchange where specialists and ordinary citizens interact who have a legal problem and want to solve it.
Due to the high competition and remote organization of the work of employees, the prices for services are low, which makes it possible to inexpensively resolve the issue while maintaining good quality... To consult on this site, it is enough to write your question or present the problem in the chat. A lawyer who is well versed in the topic will answer you.
For a small fee, he will give a very detailed answer with an algorithm of actions. Here you can also order documents, certificates, statements of claim, and even hire a lawyer to defend yourself in court. You just need to go to the website of the Lawyer and make the right decision. Services are available to residents of any, even the most remote corner of Russia, where there is access to the World Wide Web.
2) Knyazev and Partners
This Moscow-based bar association offers a wide range of legal services, among which assistance in resolving land disputes is not in the last place. Not only consultations are available, but also ordering documents, registration of property and even the services of a legal representative.
Here's what you can get if you contact Knyazev & Partners in time:
Moscow Legal Center Jurisdiction has extensive experience of interaction with Rosreestr, the City Property Department and the Moscow government. For 8 years, the company's lawyers have won 80% of cases. They carry out all the necessary procedures for the successful resolution of land disputes, including with the authorities exercising state supervision in this area.
Now you can distract yourself and watch a thematic video.
5. What are the options for resolving land disputes - 5 main options
We have already mentioned in what order land disputes can be resolved. Now let's summarize what has been said.
So, there are several options.
Option 1. Peaceful settlement of the dispute
In the beginning, you should always try to negotiate with your opponent. Positive result will save you the hassle and legal costs. In addition, this option is faster and allows you to save a good relationship with the opposite side.
If you do not know yourself how to establish contact with opponents, hire a lawyer who has experience in pre-trial negotiations.
Option 2. Involvement of the local municipality in solving the issue of the boundaries
If the dispute concerns the boundaries of the site, then there is no point in going to court. It is enough to write a statement to the municipal land commission, whose representatives will settle the issue by taking measurements and clarifying the boundaries. After their agreement with all neighbors, the problem will be solved by itself.
Option 3. Contacting the Cadastral Chamber
In some cases, contacting the cadastral chamber will help. This applies to those situations when the unified register contains incorrect information about the site. You only need to provide the statutory opinions of experts or appraisers confirming your information, and the issue will be resolved without a court.
Option 4. Intervention by a special administration department
Often, when preparing orders for the allocation of sites, employees make technical mistakes, which are then automatically transferred to the USRN and title documents. You may not pay attention to this until you start to perform some legally significant actions with the land. For example, you might want to sell it or rent it out.
Judicial practice in land disputes and disputes over the section of home ownership.
Recently, disputes over the division of a house and a land plot have become almost the main ones in the practice of city (district) courts of the Moscow region. Such litigations drag on for years. At the same time, plaintiffs and defendants in such cases could significantly reduce the time of their stay in court if they correctly filed their claims in court and knew well the law and judicial practice in such cases.
Let us first consider the issues arising in judicial practice on the division of home ownership.
In accordance with article 252 of the Civil Code of the Russian Federation, property in shared ownership can be divided between co-owners, or a share of one of the co-owners can be separated from the common property. In case of impossibility of dividing the common property (separating a share from the common property), the co-owners can determine the procedure for using the common property (Article 247 of the Civil Code of the Russian Federation). Thus, the current legislation provides for three ways to solve the problem: the division of the common property, the allocation of a share from the common property and the determination of the procedure for using the common property. The choice of the path depends on the specific circumstances of the case.
A) General household section... The division of common home ownership means the transfer to the ownership of each of the owners of a certain isolated part of a residential building and office buildings by agreement between them. But not all households can be divided. The criterion that determines the divisibility of home ownership is the divisibility of a residential building (the main thing). So, for example, it is quite easy to divide a household among several owners if each of the owners of the house has their own entrance and premises isolated from the other owners. The house is then divided into two or more independent residences. According to the norms of SNiP, when dividing, each allocated part of the house must at least consist of a room of at least 12 sq. and kitchen 6 sq. It should be borne in mind that the actual procedure for using a residential building may not correspond to the parties' shares in the ownership of home ownership. But in this case, the owners have the right to make a real division of home ownership (Articles 247, 252 of the Civil Code of the Russian Federation). At the same time, the disproportionality of the property allocated to the owner in kind of his share in the ownership of home ownership is compensated materially (money). Very rarely, co-owners of home ownership agree on the division of the house voluntarily. In this case, they must draw up their section with an agreement (agreement) in simple writing or (optionally) formalize such an agreement by a notary. In any case, this agreement must indicate not only all the premises of the main building, divided between co-owners, but also outbuildings. Such an agreement comes into force from the moment of its state registration. From this moment on, the right to share ownership of home ownership is terminated and several independent real estate objects appear.
Most often, there is no agreement between the joint owners of home ownership on the issue of dividing the house. This situation can arise both when the co-owners have a single entrance to the house, and when the house has several entrances. In this case, you need to go to court with a statement of claim about the real division of home ownership. It should be remembered that when filing such a claim, the state fee is paid based on the value of the entire household, and not on the basis of the share allocated to the plaintiff. If no agreement is reached between the parties on the procedure for dividing the house, the court appoints a construction and technical examination in the case, in which the expert is asked about the technical feasibility of dividing home ownership between the co-owners of the house according to their shares. The expert himself proposes options for dividing the house, while taking into account the options offered by the parties. If the home ownership has one entrance, then the expert also decides on the technical feasibility of re-equipping the home ownership in such a way that a number of separate entrances to the house appear in the house according to the number of co-owners. At the same time, all premises of the co-owners of the house after the partition should be isolated from each other and have at least a room and a kitchen. It should be remembered that the load-bearing structures of a residential building (foundation, walls, roof, etc.) - common to the selected parts of the house, are indivisible. The burden of maintaining load-bearing structures (as in an apartment building) falls on all owners of the allocated parts (Articles 289, 290 of the Civil Code of the Russian Federation). The decision of the court, rendered in the case and registered with the state registration authorities, terminates the right of shared ownership of home ownership. As many new properties are emerging as there were homeowners in the house.
B) Allocated shares from general households. Allocation of a share from a common household is a special case and means the transfer of a certain isolated part of a residential building and office buildings to the ownership of a distinguished co-owner (part 1 of article 252 of the Civil Code of the Russian Federation). When one of the co-owners of home ownership separates his part, the shared ownership for other co-owners for the rest of the house does not stop. It is important to remember that the redistribution of shares to the unallocated (remaining) part of home ownership between co-owners is made by agreement of the parties (Articles 245.247 of the Civil Code of the Russian Federation) and the sum of the redistributed shares should be one.
Allocation of a share in home ownership is possible both by the voluntary consent of all participants in shared ownership - by means of an agreement concluded in a simple written form or notarized, and through a court. The agreement on the allocation of a share in home ownership is subject to state registration. As a result of this agreement, two new real estate objects appear - the allocated share (as an independent object of ownership) and the rest of the home ownership (where the shared ownership of the house remains). Exists special case, when the allocation of a share in home ownership is equivalent to the division of a house - this is the case when the house has only two owners. If a voluntary agreement on the allocation of a share between one of the co-owners and the rest of the homeowners has not been reached, then you should go to court. It should be remembered that, since the subject of the dispute is the allocated share, the amount of the state duty paid is calculated based on the value of the specified share.
The allocation of a share is possible only if the allocated share is an isolated part of the house with a separate entrance (apartment), or it is possible to turn this part of the house into an isolated part by re-equipping the house.
Registration of ownership of the allocated share and the remainder of the home ownership is the same as in the division of home ownership.
C) Determination of the procedure for the use of common households. If the real division of home ownership is impossible, then the owners have the right to determine the procedure for using the home ownership (Article 247 of the Civil Code of the Russian Federation). When determining the order of use, home ownership remains in the common shared ownership of all co-owners, but each of the co-owners is allocated the use of a specific part of the house. The procedure for using home ownership can be fixed by an agreement concluded in a simple written form or by a notary. An agreement on the procedure for using common households is not subject to state registration.
If there is no agreement between the co-owners of the home ownership on the procedure for using the house, each of the co-owners has the right to apply to the court with a claim to determine the procedure for using the home ownership. The court decision is binding for all joint owners of the house. The execution of the court decision by the parties will mean that the actual procedure for the use of home ownership has developed.
These and other issues related to the section of home ownership have been identified:
- in the resolution of the Plenum of the USSR Armed Forces "On judicial practice in resolving disputes related to the ownership of a residential building" No. 4 of July 31, 1981, as amended by the Resolution of the Plenum of the USSR Armed Forces of November 30, 1990, No. 14;
- in the resolution of the Plenum of the RF Armed Forces "On some issues arising in the practice of consideration of disputes by courts on the allocation of a share to the owner and determining the procedure for using a house belonging to citizens on the basis of common property" No. 4 of 06/10/1980, as amended by the decree of the Plenum of the RF Armed Forces of 25.10 . 1996 No. 10.
Section of the land plot.
The Land Code of the Russian Federation considers a land plot as part of the earth's surface, the boundaries of which are determined in accordance with federal laws (Article 11.1 of the RF Labor Code). The Land Code of the Russian Federation and the Civil Code of the Russian Federation establish four options for changing the status of a land plot: division, allotment, consolidation and redistribution of a land plot. When a land plot is divided from one large divisible land plot, two or more land plots are formed. A prerequisite section is the divisibility of the land. It is considered divisible if its size is a multiple of 6 acres (for Moscow and the Moscow region). So, for example, a land plot with an area of 12 acres is divided, and an area of 8 acres is indivisible. However, from a land plot with an area of 14 acres, a land plot with an area of 6 acres can be distinguished. Then the remaining (indivisible) part of the plot, as well as the allocated plot, will be an independent real estate object. It is permissible to combine several land plots into one. Then, from several independent real estate objects located nearby, one land plot is formed. The area of the combined plots is not important for the unification. It is important that the newly formed plot is equal to or more than 6 acres of land. The redistribution of land plots occurs when several other adjacent land plots were previously formed from several adjacent land plots.
In practice, the most common section and allotment of land. In this regard, mention should be made of the Information Letter sent by the Moscow regional court in 2003 to the city courts of the Moscow region, where it is emphasized that the division of property or the separation of a share from it entails the termination of the right to common shared ownership and the emergence of several (two or more) independent objects instead of one real estate object. Consequently, when dividing a land plot, the court must determine the boundaries of the land plots transferred to each owner, and leaving any part of the land in common ownership or common use is not allowed, since the dispute will be considered unresolved. If, during the division of the land plot, the court finds that for the passage or maintenance of the buildings of one of the sections, passage through the second section will be required, then, in this case, it is necessary to establish an easement in accordance with Article 274 of the Civil Code of the Russian Federation and Article 23 of the Labor Code of the Russian Federation. It is important to remember that servitude (along with ownership) is subject to compulsory state registration.
Determination of the procedure for the use of a land plot.
The determination of the procedure for the use of a land plot takes place when the division of the land plot is impossible due to its indivisibility. For example, a plot of 8 acres cannot be legally divided between two co-owners. But it is possible to determine the procedure for the use of such a land plot. Unlike the division of a land plot that is in common shared ownership, when determining the procedure for using a land plot as an object of property relations (a unit of cadastral registration and registration of rights to real estate in the state register), it does not undergo changes, since the court determines only the internal boundaries of the parts of a single land plot, which are transferred to the parties for use. At the same time, the land plots transferred for use by the parties do not always correspond to the shares of co-owners on the land. In courts, lawsuits are very common when one of the co-owners of a house, guided by Article 35 of the Labor Code of the Russian Federation, requires the determination of the procedure for using a land plot in accordance with shares in home ownership. Most often, other co-owners oppose this, referring to the established procedure for using the land plot. In practice, the courts take as a basis the established procedure for the use of a land plot. But here it should be noted that the established order of use should be long-term, voluntary and clearly defined. In simple terms, the site should have internal fences, the location of which should be agreed by all homeowners. In this case, the determination of the order of use according to the shares in the household is not applicable. However, if the procedure for the use of land has not developed (for example, when a house acquired in marriage by spouses is divided), then the court determines the procedure for using the land in accordance with the shares in the household.
Summarizing all that has been said, it should be noted that the issues of dividing a house and a land plot cannot be reduced to general schemes. Each specific case requires an individual approach. But at the same time, judicial practice has developed certain standards that should be taken into account when filing a claim for the division of a land plot or home ownership.
Dobrovolskaya S.I.
The land dispute is, unfortunately, a situation familiar to many Russian citizens. Someone resolves the conflict peacefully, while someone resorts to the help of the court. If the first way to solve the problem is extremely clear, then even the most legally savvy citizen of the Russian Federation may have questions regarding judicial land disputes.
It is for those who have been affected by judicial practice in such cases that our resource has prepared today's material, in which you can find the subtleties of this phenomenon and its practical examples.
When can land disputes arise between neighbors? Photo # 1
A land plot is the basis of any person's real estate. This is largely due to the fact that the land is the territory where the objects are located. capital construction... In addition, some types of plots can legally be used for the introduction of agricultural activities and other types of commercial use. Given such a high value, the concept of "land dispute" does not seem outlandish or, in part, wild.
Modern realities are such that a land plot can cause confrontation due to a large number of factors. Often, the basis among these is an extremely simple phenomenon - one person, without the knowledge of the other, either uses his land for his own purposes, or illegally appropriated his land for himself. In such a case, the position of a citizen or organization can be both justified and extremely subjective, without any evidence "under it".
However, in any land dispute, no matter whether they take place in reality or not, the potentially injured party has the right to defend its rights and freedoms by going to court.
The foundations of land legal proceedings are laid down in the whole list of legislative acts. For general information, let's pay attention to them:
- The Constitution, or rather its article number 36, regulates the right of any citizen of the Russian Federation to own land and defend their rights to it.
- The Land Code of the Russian Federation (RF LC), which defines a land plot that can act as the subject of a land dispute. In particular, such a site must be owned by someone and be suitable for any use. The LC also determines the methods for resolving disputes and the subsequent procedure for the actions of the parties to the conflict (for example, it obliges them to register the boundaries of the site in the manner determined by the court).
- Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation), which regulates general principle legal proceedings in our country, as well as saying that the subject of a land dispute in court can only be the site that is tied to certain terrain in Russia, not otherwise. That is, the courts of the Russian Federation will not consider cases regarding the land tenure of our citizens in neighboring countries.
As noted earlier, the cause of all land disputes in the Russian Federation is the illegal or potentially illegal use of the site by any person.
In the narrower context of considering this issue, the following common reasons for land disputes can be distinguished:
- inconsistencies in the documentation, violating the boundaries of neighbors' sites and provoking disputes between them;
- errors in the preparation of cadastral documentation, which have consequences similar to those described above;
- problems associated with renting a specific site;
- problems regarding the determination of the owner of the land or its demarcation;
- other factors provoking civil conflicts, the subject of which is land.
The main of the above reasons will be discussed in more detail below.
Litigation on the boundaries of land plots
Disputes about the observance of the boundaries of the land plot. Photo No. 2
The lion's share of cases of land disputes in Russia resolved in court concerns confrontation over the boundaries of land plots. Often, according to the documentation, the boundaries of the property of one citizen extend to his property, which, by the way, is also fixed in the documents. In this situation and others related to the impossibility of correctly dividing the boundaries of land plots, the neighbors involuntarily have a question - "Where, whose land?"
Legal expert opinion
In the 80-90s of the last century, the settlement of territories and an increase in settlements were actively proceeding.
Often, enterprises built housing for their workers in droves, whole streets. Technical documentation, especially for land, was not given due attention. If technical documents for a house can be found in the authorities of the former BTI, then problems arise with documents for land plots that correctly describe the allocated boundaries.
One of the proofs of the existing boundaries of a particular site can be a well-written technical passport. The situational plan of this document depicts a built house with all outbuildings.
Regarding the site, such documents may indicate the length, width of the site, the distance between buildings, the distance from the road to the fence. All these parameters will be one of the proofs of the location of the boundaries of adjacent land plots when considering claims in court.
To decide on the exact boundaries between neighbors, the court appoints an independent examination, presenting the available technical documents as one of the evidence.
Immediately, we note that it is undesirable to resolve disputes of this kind in a peaceful manner, since only a court can determine the true boundaries. An unofficial civil proceeding is simply not able to "raise" the land archives and correctly determine that up to such a border the site belongs to one person, and up to such and such - to another. Such legal proceedings are based on the following provisions:
- Firstly, all persons potentially interested in passing the verdict should participate in the division of boundaries. So, for example, in a dispute over the land where an apartment building is built, it will be necessary to involve all its residents in the court hearings, at least by collecting the necessary signatures. Otherwise, the court simply will not be able to consider the case.
- Secondly, in order to resolve, all parties to the conflict must provide documentation proving their identity and the right to own land, the boundaries of which have become the subject of the dispute. Otherwise, it will be impossible to carry out an examination on the determination of the boundaries of the sites.
- And thirdly, as a result of the judicial debate, or rather the verdict of the court, citizens undertake to register in a new way the already truly defined boundaries of the plots, otherwise they may be imposed some responsibility for non-execution of the court decision. Naturally, this practice takes place if the parties agree with the verdict and are not going to challenge it.
Only work together with a professional lawyer will help you get out of this dispute as quickly and productively as possible, so you should definitely not ignore the help of such a person.
Disputes over the recognition of ownership of land
How to establish the owners of the land? Photo # 3
No less popular in our country is the type of land dispute, when they decide who and on what grounds has the right to own, in their opinion, an ownerless piece of land. Such debates can arise between neighbors in any corner of our country and require one thing - the organization of a trial to recognize the ownership of land. By the way, a similar type of legal procedure is used for those situations when persons cannot divide, for example, inherited land.
Disputes between neighbors regarding the desire of each of them to register the ownership of "ownerless" land are also frequent in Russian jurisprudence. However, it should be noted that there is no ownerless land in the Russian Federation, since it either belongs to legal entities or individuals, or is owned by the state. Given this nuance, disputes regarding the recognition of ownership of a plot between neighboring estates may arise for the following reasons:
- incorrect registration of cadastral documentation (and two neighbors at once);
- mistakes in the privatization of a plot located at the junction of neighbors' properties (in this case, one neighbor is sure that he privatized, the other that he, but in fact both of them privatized, but the executive bodies made a mistake and reflected this in the statements, this happens very much rarely);
- the presence of other factors that prompted neighbors to dispute over the recognition of land ownership rights.
The trial itself is organized and held in a manner similar to that described in the previous paragraph of the article. However, it is important to understand that, regardless of the reason for the debate that has arisen, the proceedings for resolving land issues are a long and exhausting procedure, therefore it is better to resolve such conflicts peacefully.
Explanations of the Supreme Court on Similar Cases
The practice of the Supreme Court of the Russian Federation on land disputes between neighbors. Photo No. 4
Despite the general regulation of the law, land disputes in court raise a number of questions from citizens of the Russian Federation. In order to dot the "i" s, we present a list of explanations of the Supreme Court on similar cases, compiled taking into account the provisions of the official state body.
For a better understanding, let us consider the most important and frequently encountered features of land disputes in the "Question - Answer" format:
Question number 1 - What is the limitation period for land affairs?
The answer is 3 years, deducted from the moment when the plaintiff (victim) learned about the violation of his rights and freedoms.
Question # 2 - What is the basic factor for a land dispute verdict?
Answer - The documents available to the parties to the conflict, archival documentation and the results of examinations carried out in the course of the proceedings. However, when making a final decision, it also takes into account the testimony of the parties to the debate, witnesses and similar factors.
Question No. 3 - Is there any compensation from the culprit to the victim for the unauthorized assignment of the second plot by the first, if this fact has been proven by the court?
Answer - Yes, this practice is possible. However, the issue of compensation will be considered in another lawsuit, which does not concern the division of neighboring plots.
In more detail, the nuances of land disputes through the eyes of the Supreme Court can be considered in the Review of judicial practice on issues arising in the consideration of cases related to horticultural, vegetable gardening and dacha non-profit associations for 2010 - 2013, which was approved by the Presidium of the Supreme Court of the Russian Federation on July 02, 2014. This legislative act contains the most relevant and important provisions on the issue under consideration today.
Practical examples
What situations often arise in practice and in whose favor are they resolved? Photo No. 5
At the end of the article, it will not be superfluous to draw attention to specific practical legal arguments concerning the land issue. For clarity of examples, let us consider their essence and the court's verdict.
Citizens Ivanov and Bukharkin revealed that according to the cadastral documentation of each of them, the borders of the latter are crossed on the land plots they own. To solve the problem and determine the exact boundaries of the sections, Ivanov and Bukharkin provided the court with a corresponding statement and the necessary documentation.
The judicial authority, in the process of resolving the conflict, turned to the archival cadastre, showing the old boundaries of the considered ones, and conducted an independent examination to determine the boundaries of the property. As a result, it was revealed that the correct boundaries were indicated by citizen Bukharkin, and - Ivanov must correct his documentation based on the court verdict. The latter did not argue and carried out all the instructions of the body.
Citizen Streltsov and citizen Obukhova have privatization documents for the same land plot located between their neighboring plots. At the moment when citizen Streltsov decided to build up this site, citizen Obukhova opposed this and filed a lawsuit in court, which began to understand the problem.
The judicial authority "raised" the archives, checked the documentation of the parties to the debate and carried out an examination. As a result, the court was able to determine that citizen Obukhova not only previously privatized this land plot, but also registered it as property in Rosreestr (which officially assigned the land to her), and citizen Streltsov only by mistake managed to re-privatize the land plot and did not even try to register his ownership of it.
Thus, it turned out that citizen Obukhova was left with her legally registered land, and citizen Streltsov was forced to cancel his privatization.
This concludes today's material. We hope this article was helpful to you. Good luck with land disputes!
Explanations of what to do if there is controversial situation with a neighbor about the land, you can find out by watching the video:
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Answer
Legal relations related to ownership, use and other rights to land plots are regulated by both the Civil and Land Code and a number of special regulations. Where can land disputes be resolved?
What is a land dispute
Disagreements between participants in legal relations regarding the exercise of their rights to allotments, which have their own resolution procedure, are referred to in legislation and in practice as land disputes. They can be conditionally classified into several varieties:
- land disputes, which are considered in the pre-trial settlement of the conflict;
- those that are permitted in courtrooms;
- disputes submitted by its participants to the arbitration court.
Of course, it is much more profitable for the parties to find out all their contradictions and come to common denominator without contacting judicial authorities... So, you can avoid the cost of state fees, services of representatives, ordering additional documents. In a peaceful way, the issue can be closed much faster than with the direct intervention of a judge.
However, the consideration of land disputes may not always be limited to sending letters to each other by the conflicting parties, conducting telephone conversations, organizing face-to-face meetings. If the contradictions are not exhausted, and, what is worse, begin to grow, it is simply impossible to do without judicial intervention.
Important! Some categories of litigation about land, as an object of real estate, are subject to proceedings only within the walls of the court. directly establishes that disputes over land plots are resolved in court. But under certain circumstances, they can be transferred to arbitration courts.
Judicial authorities and protection of violated rights
Citizens and representatives of enterprises apply to courts to resolve land disputes most often by filing statements of claim. But there are cases when applications of a different nature are submitted: complaints about actions (inaction) of authorized persons, bodies, institutions or a statement on the establishment of a legally significant fact.
It is important to understand which court you need to submit your application to: district, arbitration or appeal to a magistrate. If jurisdiction and jurisdiction are incorrectly determined, then the entire package of documents will be returned to the applicant for their correct submission. Thus, a lot of time can be lost. To prevent this from happening, it is necessary to study in advance the features of the consideration of land disputes in court.
Competence of a Justice of the Peace
So, paragraph 7 of part 2 of Article 23 of the Civil Procedure Code of the Russian Federation establishes that justices of the peace accept for consideration statements of claim on determining the procedure for using property. Land plots are classified as real estate. Therefore, if your rights, as a co-owner, regarding the use of the allotment are violated, then a statement must be written to the magistrate.
Important! Consideration of land disputes takes place before the magistrate only between the owners (other legal owners) of one land plot. If there are disagreements between neighbors, then such a dispute is not subject to the jurisdiction of the justices of the peace.
For example, citizen A and citizen B are the legal owners of the same land plot. Their personal relationships are not developing in the best way, and such owners cannot peacefully determine how to use one land allotment, so as not to interfere with each other, not to violate the rights of everyone, and what actions must be taken for this. With such a question it is often necessary to turn to the magistrate.
The magistrate is determined by the location of the site, and not by the place of registration of its legal owners, owners. You can find out the number of the court of the magistrate and the district using online services... It is enough to indicate the full address of the real estate in the request form, and the system will instantly display all the necessary data.
You can also call the office of the court of your region, where you are required to give an explanation of which section of the magistrate you need to submit documents to. Remember that if you do not file a claim with the proper judge, all documentation is returned back.
District Courts
Other land disputes are considered in the course of action in the district courts. These cases, in particular, include:
- determination of the boundaries of land;
- elimination of barriers to their use;
- on the establishment of an easement;
- return of a land plot from someone else's (illegal) possession;
- on the recognition of the right to the allotment, as well as on the change and termination of such rights;
- compulsion to perform one or another action in relation to the immovable property, or to refrain from performing certain actions.
There are disputes that are not directly related to land, but arise from such legal relations. So, these categories of cases can be safely attributed to the establishment and compensation of losses, if the land plot was confiscated from citizens for state needs or public purposes.
Determining the boundaries of nearby land plots is required if the owners cannot reliably establish where exactly the dividing line runs. This situation is especially relevant when both allotments do not have exact coordinates (land surveying has not been carried out). For this, most often in court, measures are taken to establish such coordinates and determine the clear boundaries of the site so that you can put up a fence and not infringe on the rights of neighbors. This can be done in the district court by filing a statement of claim with a neighbor who is opposed to determining the coordinates and taking them out to the area and, at the same time, may prevent another neighbor from using the plot.
It happens that citizens use land without the consent of the owners. If such facts are discovered, and also if the violators do not voluntarily leave the site, the owners have the right to apply to the district court to reclaim their property from someone else's (illegal) possession. The issue of buildings that were erected by the defendants without the consent of the owners is also being resolved there.
You can learn more about other types of land disputes in this video:
Arbitration courts
Between organizations, companies, enterprises, individual entrepreneurs, contracts are often concluded, the subject of which is certain actions related to real estate - including land. All disputes arising from such transactions should be considered in arbitration courts.
This state of affairs is due to the fact that all controversial and conflict situations in the field of entrepreneurial activity are resolved in arbitration courts. If one of the parties to the contract is a citizen who does not have the status of an individual entrepreneur, then the statement of claim must be submitted to a court of general jurisdiction.
Such judicial bodies have the right to accept disputable situations for proceedings:
- arising from agreements on the lease of a land plot;
- under contracts of gratuitous use of land;
- for real estate trust transactions, etc.
In these cases, the rule of exclusive jurisdiction at the location of the site does not apply. It is necessary to refer to the content of the contract, where the contractual jurisdiction may be spelled out, or to consider the norms of the Arbitration Procedure Code Russian Federation:
- at the location of the defendant in the claim;
- at the choice of the applicant in strictly defined cases.
In each region of the Russian Federation, there is one Arbitration Court of the republic, region, territory, etc., including in cities of federal significance.
Appealing and reviewing decisions on land disputes
Resolution of a conflict does not always end with a decision in the court of first instance.
If one of the parties to the dispute is not satisfied with the decision of the court, then the plaintiff or the defendant has every right to appeal against it in court:
- appellate instance (district court, arbitration courts districts);
- further, if the requirements in the appeal are not met, the appeal goes to cassation;
- by way of supervision ..
Land disputes that are considered in court can be very long if you initiate all the appeal and review procedures. The parties always have the right to conclude an amicable agreement on favorable terms for both the plaintiff and the defendant, prior to the issuance of a judicial act in the first instance. But it is worth considering that in case of non-fulfillment of the terms of such an agreement, the plaintiff can rightfully apply to the court for a document on its compulsory execution.
Land disputes and arbitration
Russian legislation allows land disputes to be considered in arbitration courts. This instance is an alternative body for resolving disputes between the parties. Such a body is composed of legal professionals (arbitrators) who are not state judges. That is, the arbitration court is a non-governmental institution. But with its help, the parties can achieve mutual agreement on the subject of the dispute.
After finding a compromise, the act of the arbitral tribunal is announced, which for the parties is subject to voluntary execution on those dates and periods of time that are stipulated in it. However, if there is an unfair attitude to this document, you can apply to the state judicial authorities for the compulsory execution of the arbitral tribunal's decision.
Quite often, the judicial authorities are asked to restore their violated rights to land. If you have doubts about a particular issue, you can always contact a specialist - a lawyer.
