You went on vacation, and when you returned, you discovered that during your absence, your neighbor in the countryside had completed a garage. And everything would be fine if this building did not invade your territory. You are not ready to put up with the fact that the spreading branches of the cherry tree now rest against a brick wall, and you are starting to fight for hundreds of acres. Many land owners have to deal with situations like this.
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How to resolve a dispute with neighbors about the boundaries of a land plot
To prove that you are right in a land conflict, you need to arm yourself with documents, the main one of which is a cadastral passport. It not only confirms the owner’s rights to the land - it also records the boundaries of ownership determined during land surveying.
If boundaries are not set
If land surveying has not been carried out, neighbors may argue until they are hoarse and not come to a consensus. This is because their ideas about the location of the demarcation strip are radically different. It is impossible to judge the disputants in this case: land plots are registered formally in the cadastral register, therefore, the boundaries between them are defined conditionally. There is only one way out of the situation - to carry out land surveying.
What does land surveying give?
This is a legal way to make a division, establish the area of each plot and fix the boundaries. The process is carried out with the involvement of specialists from the field of topographic and geodetic work. Owners of adjacent plots must be notified of the upcoming procedure. Without agreement with them, the issued act on establishing boundaries may be declared invalid. After completing the work and receiving the approval of neighbors, the land owner receives a cadastral passport. From this moment on, any encroachments by “adjacent partners” on the owner’s hundred square meters can be easily prevented.
If the area is demarcated
Borders have been established, but one of the owners believes that part of his legal territory has been captured by his neighbor. He assures that the strip separating the plots on the paper plan should in reality run a meter to the left or to the right. In this case, placing the points on the ground will help resolve the conflict.
Drive in the pegs
The removal of points is carried out by specialists from a licensed land management company. They conduct a geodetic survey, make the necessary calculations and transfer the boundaries from the paper diagram to the terrain. For clarity, boundary markers are installed at the dividing points. By driving in a peg, it is easy to determine where the border lies and determine which neighbor is right.
Subjects and objects of land dispute. Statute of limitations for land dispute
At the legislative level, the following subjects of dispute are identified:
- individuals obliged to pay land tax;
- legal entities obligated to pay land tax.
The object of the dispute is the ownership of a certain plot of land.
The limitation period for land disputes causes a lot of discussion, because the generally established period of three years is not entirely suitable for them.
In some cases, the statute of limitations is just these three years if we are talking about concluding a small transaction. In such a situation, the period begins to be calculated from the moment the contract is concluded.
But there are some exceptions in land legislation, for example, when it comes to eliminating various obstacles that violate the owner’s rights to use the site. In such a situation, the limitation period may be suspended for the period established by law.
When land disputes between neighbors are decided by the court
It happens that even the removal of points does not convince the landowner, and he refuses to demolish part of the extension from the neighbor’s legal territory. If peace negotiations reach a dead end, there is nothing left to do but resolve the dispute in court. Such claims are considered by district courts; a cadastral passport and a boundary plan should be attached to the application. If possible, you should support your position with testimony from witnesses. During the consideration of the case, it may be necessary to conduct a land management examination. Sometimes it is appointed by the court, but more often one of the parties to the conflict requests it.
Law on disputes between neighbors on a plot of land
Remember that the procedure for resolving disputes on land use issues is defined in a number of basic legal acts, such as:
- Article 36 of the Constitution of the Russian Federation, which contains information about the right of a citizen to acquire, use a land plot and protect his rights;
- The Land Code of the Russian Federation, the text of which indicates the exact characteristics of the territory of the land, which can be accepted by the court as determining factors for considering disputes between the owners of these plots of land. The court hears cases on land disputes if the parties to the dispute own a land plot that can be used for its intended purpose. The Land Code of the Russian Federation clearly indicates the algorithms and norms for resolving land disputes, defining the scope of actions of each party to the conflict;
- Civil Procedure Code of Russia, which reflects the basic principles of legal proceedings in our country. But more importantly, in this legal regulation there is a clarification about the subject of the land dispute, which can only be a plot that is part of the country’s territory, tied to a specific area and region.
How to win a land dispute
It is very problematic to recapture acres seized by a neighbor without being an expert in land law. Even experienced lawyers note the complexity and intricacy of this area of legislation. An ignorant person will find it difficult to draw up procedural documents, prepare questions for experts, develop a strategy to protect his interests and follow it during court hearings. All these tasks can be accomplished by experienced lawyers. These people work in our company and will be happy to provide professional support. On their side are specialized education, excellent knowledge of the laws, rich practice, and effective schemes for protecting clients in land disputes in court.
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The procedure for considering land disputes in court
The process for considering land disputes during a court hearing is as follows:
1. At the first stage, a person goes to court to ensure the protection of their constitutional rights, that is, violated land law. The appeal must be expressed in the form of filing a statement of claim containing all the circumstances of the violation.
Without fail, the statement of claim must contain the names of the parties, their exact addresses of residence or location, the price of the claim, the circumstances that serve as justification for the claim, as well as a complete list of all petitions attached to the document.
Within a month after accepting the statement of claim, the court must consider it.
2. At the second stage, after consideration of the application, a case is initiated regarding the need to consider the land dispute during a court hearing. At this stage, the court checks all the evidence presented, and also calls and interrogates both parties about the known circumstances of the dispute. In addition, the court has the right to request additional documents if necessary.
3. The next stage is the introductory stage, at which the opening of the court session takes place and the establishment of a special regime for its conduct. So, for example, only persons between whom a dispute occurred have the right to participate in the meeting. Other persons in the room must remain silent, otherwise the judge will be forced to make a decision to impose sanctions on the perpetrators.
At this stage, the attendance of all parties, as well as other participants in the consideration of the case, is checked. Those who appear must be explained their rights and responsibilities.
4. Next is the stage of the trial itself. During its implementation, a report of the case is carried out, a hearing of all participants in the case, starting with the plaintiff and the defendant, and an assessment of all the evidence presented.
5. The final stage of consideration of a land dispute during a court hearing is making a decision. It must be justified and legal. In addition, the judge must rely only on the evidence presented to him for consideration, and not on his own assumptions and preferences. The losing party will have to pay the plaintiff's legal costs.
Court decisions
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Land marking without the consent of neighbors
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