What to do if a neighbor's fence is not on the inventory: step by step instructions
How to restore justice if your territory is seized by a neighbor: where to write, who to complain to and what it will lead to. According to the Land Code, the violated right to the land plot must be restored, and the violator will have to pay all legal costs.
Problem: the fence violates the site boundary
The landlord learns that the neighbor's fence is on his land. A neighbor can move his border at your expense by tens of centimeters, or maybe a few meters; sometimes the seizure of someone else's land occurs because of the neighbour's impudence, and sometimes because the owners of the neighboring plots stand on #cadastral registration at different times. But the reasons here are not even important: one's own land is native, and no one will give a part of it to some strangers. The Moscow Bar Association recently explained this in detail.
The law does not regulate the installation of fences
Irina, participant of FORUMHOUSE: “We have registered the site, we are on the cadastral register, the neighbors have put up a temporary fence, but they have captured four meters of our territory! I call them, they "turned on the fool", they say that it is so right. What should I do? Tear down this fence yourself? Swear with them? To sue? "
In our country, there is no federal law that would regulate the installation of fences between neighboring sites. SNiP No. 30-02-97 prescribes requirements for the height and transparency of the fence, sanitary, household and fire safety requirements, but they are also advisory in nature. Article 10 of the Civil Code of the Russian Federation "The limits of the exercise of civil rights" in suburban life is often not at all taken into account - everyone, perhaps, has a neighbor who does not hesitate to abuse strangers rights.
Decision
To successfully solve this problem, you need to act according to the following algorithm, but before that you need to make sure you are right. Very often, all neighbor disputes over the fence stop after one of the parties calls the cadastral engineer.
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How to proceed
It is necessary to write an application to the cadastral engineer about conducting a land survey between the sites. It may turn out that #fence installed correctly. If the engineer finds out that the fence was placed in the wrong place, and part of the foreign land was captured, then it is necessary write an application to the Rosreestr authority on its territory, or to the land control authority in its municipality.
This can be done by the owner of the site who has title documents (or the site must be registered in the Unified State Register of Real Estate). It is important here that the land survey is carried out in accordance with the current legislation, with the determination of the coordinates of the characteristic points of the boundaries of land plots.
Usually, at this level, the quest with the fence can be considered completed, but in the most difficult scenario, the neighbor can consider that he is special and he really needs your land, and this is more important than the documented discrepancy between the fence and the cadastral plan.
If the neighbor still doesn't want to move the fence
In this difficult case, you need to invite the cadastral engineer again, and get an opinion, in which you can see where the cadastral boundaries of the site are, and where are the physical ones. And also the document should contain recommendations on how to solve this problem.
Don't give up - go to court!
If even after that the neighbor will push back, there remains the last way - #court. The statement of claim must contain a requirement to withdraw part of the land plot from the illegal possession of a neighbor. And you also need to demand that the neighbor be obliged to move the fence to its rightful place.
The litigation may be delayed, because claims in cases of this kind have no statute of limitations and a forensic examination will be required. But the neighbor will have to pay all your lawyer's fees and, in general, the lawsuit. The court will decide in your favor: according to PP. 2 clause 1 of Art. 60 of the Land Code of the Russian Federation and your violated right to a land plot must be restored.
Have you encountered illegal installation of a fence by neighbors? Write in the comments how you solved this problem!
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