1. “It was yours – it is ours”: a fence in someone else’s territory
This complaint ranks first in the rating of dacha conflicts. One neighbor, taking advantage of the temporary absence of the other, erects a new fence or moves the old one so that part of the foreign land is inside the possession of the owner of the fence. What to do? To effectively resolve a dispute, you will need:
– cadastral extract with a graphic representation of the area and boundaries of your site. This document can be obtained from the territorial branch of the Federal Cadastral Chamber of Rosreestr. You will find the coordinates of such an authority in your region on the official website of Rosreestr rosreestr.ru. By the way, it is now possible to order the production of an extract by means of an electronic request through the same website;
– certificate of ownership of the land. Do not worry if it is of the old model, issued in the “shaggy” years: according to the law, previously issued land ownership documents remain valid;
– a quote (printout) of article 7.1 of the RF Code of Administrative Offenses (Code of Administrative Offenses of the RF) “Unauthorized occupation of a land plot.” It is under this article that the chopping off of part of the neighboring estates after moving (installing) the fence falls.
FOR THE NOTICE
Since March of this year, administrative fines for a number of offenses, including those related to encroachment on land, have significantly increased. Now the punishment is imposed on the basis of the so-called cadastral value of the site, which is often close to the market value. The penalty for citizens for self-seizure can be up to 1,5% of this cost.
IT’S PERFECT
Calmly and decisively present the listed documents to your neighbor and offer to settle the matter peacefully – to voluntarily eliminate the violation of your borders. You can warn that if you fail to reach an understanding, you will seek the protection of your rights to the state land inspector. Such officials work in the territorial divisions of Rosreestr (coordinates – on the website rosreestr.ru). It is much easier and faster to file a complaint with an inspector than to go to court.
At the same time, keep in mind: there may be cases when the injured owner fails to obtain a cadastral extract with the exact boundaries of the site (see above). This happens, for example, if the rights to a plot were registered with the help of a dacha amnesty and land surveying was not carried out. In such cases, if the violating neighbor refuses to voluntarily move the fence, the dispute has to be resolved, as a rule, in court.
2. Neighboring buildings shade and flood
If your beds all the time find themselves in the shadow of a neighbor’s shed or turn into a swamp due to the constant drainage of rainwater from a neighbor’s roof, you need to check whether the standards for the distances between buildings are met. They are approved by a document called “SP 53.13330.2011. Set of rules. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures. ” In particular, the rules stipulate that the minimum distances to the border of an adjacent section should be:
– from a residential building (or house) – 3 m;
– from the building for keeping small livestock and poultry – 4 m;
– from other buildings – 1 m.
If these distances are violated, a complaint can be filed with the architectural supervisory authorities of the local administration.
3. Auto repair shop or dormitory instead of beds and lawns
Such a neighborhood is clearly not a pleasant one: the noise of engines, exhaust emissions, streams of engine oil. If an enterprising owner of the nearest plot has arranged a car repair shop or a hostel for guest workers in a country house on it, then there is at least inappropriate use of the land plot. The fine for this since March 2015 is up to 1% of the cadastral value of the land (Article 8.8 of the Administrative Code of the Russian Federation). We submit a complaint to the state land inspector.