What will be the misuse of the land?
Content
According to many citizens, owning land allows them to dispose of it at their own discretion. In fact, misuse of a land plot is punishable by a fine or prosecution in accordance with Art. 7 and 42 of the Land Code of the Russian Federation. The legislation applies to both individuals and legal entities. Controversial situations arising in the course of business activities in this regard often require the intervention of an experienced lawyer.
Legislative acts
Illegal use of land for other purposes is quite common. Most often, disputes arise due to the illegal appropriation of part of the land by neighbors on the site or the construction of buildings without proper permission.
Article 42 of the Land Code of the Russian Federation states that land should be used only in accordance with its purpose by the owner or other persons who have the necessary documentation.
Categories of land are divided into seven types:
- for agricultural needs;
- for populated areas;
- for industrial and defense purposes, security, as well as special purposes;
- protected zones and objects;
- included in the forest and water fund;
- reserve lands.
The use of hazardous substances that reduce soil fertility and affect the environment is also unacceptable. In this case, there is a law that provides for punishment for use other than its intended purpose.
The plot can be forcibly withdrawn, and the right of ownership terminated, if the land is not used for the period established by law, is used inappropriately, and the norms of land legislation are violated.
Many landowners seek to challenge liability and fines for illegal possession of land plots. Ignorance of legal aspects and changes in legislation can lead to negative consequences.
Experienced notaries and lawyers provide detailed advice on our website and can help resolve even the most complex issues. If you find yourself in a difficult situation, contact a professional. The lawyer will tell you what needs to be done and find the optimal solution to your problem - ask a question .
Establishing the fact of illegal use of the site
Any object of land ownership is controlled by government authorities, which means monitoring the conditions of exploitation of the land by members of a special committee.
The use of land plots without documents, as well as misuse of plots must be confirmed and proven. In most situations, this event takes place in court, since defendants rarely admit to an illegal act.
The fact of a violation is established in several ways:
- Based on an application from neighbors or the head of SNT ( download form ).
- After receiving information from the Federal Tax Service or prosecutors.
- During an unscheduled inspection for violation of the type of permitted use of the allotment from the authorized bodies.
Responsibility is imposed on the violator according to the algorithm established by law. Inappropriate use of land in judicial practice often entails fines and other types of administrative liability.
If a violation or non-use of a site is discovered, this will be reported to the Rosreestr office. The issue is dealt with by employees of authorized bodies, whose task is to preliminary peacefully resolve the problem.
Important! Based on the Land Code, a plot on which a house has already been built, a garden or a vegetable garden has been laid out is not subject to seizure. In any case, the owner gets exactly three days to appeal the court decision.
During the inspection, an act is drawn up confirming the inspection of the site ( download a sample) , then the owner is sent a document warning him of administrative liability.
This requirement specifies the acceptable time frame for eliminating violations, as well as the amount of compensation payments. Misuse of land is always illegal, therefore, if the landowner does not eliminate the violation, a lawsuit will be filed against him on the basis of Article 7. Code of Administrative Offences.
The protocol includes information about the type of use of the land, the location of the site, its size and category, as well as the laws that the owner violated. The final decision is made by the court, where it becomes clear which legal norms were violated.
After establishing the fact of an administrative offense, enforcement proceedings are opened. This is necessary for the purpose of collecting fines and lost profits. In some cases, the plot is completely confiscated from the land owner.
Administrative liability and penalties
If the land is used for the intended purpose, its owner does not face a potential fine, otherwise he will have to bear responsibility for the violation committed. The amount of fines has remained unchanged since the spring of 2015.
At that time, the sanctions were significantly increased, and part of them directly depended on the cadastral value of the land. The Administrative Code states that agricultural land is subject to care, improvement of its properties and timely reclamation.
Important! If the owner does not fulfill his direct duties, for example, does not destroy weeds and pests, he may be fined in an amount depending on the type of violation and the category of the landowner.
The list of types of administrative violations in land judicial practice is quite extensive.
This list includes:
- misuse;
- the fact of complete absence of land exploitation;
- improper operation;
- lack of land value according to the cadastre;
- unfulfilled or untimely actions that rendered the land unusable.
A plot of land without title documents is also subject to inspection for violations.
The amounts of fines are indicated in Art. 8.8 Code of Administrative Offenses of the Russian Federation:
- for individuals - 1000-1500 rubles;
- for legal entities - 40,000-50,000 rubles;
- for persons holding certain positions - 2000-3000 rubles.
If, after a fine has already been imposed, it turns out that the site continues to be used for other than its intended purpose, this provides grounds for its seizure. In this situation, the right to lifelong ownership of property, as well as the right to permanent and temporary use of it, may be terminated.
This legislative norm has no relation to owners, who, nevertheless, are significantly limited in their rights to their land. The property is confiscated according to the procedure specified in Art. 286 of the Civil Code of the Russian Federation.
Legal assistance
The easiest way to prove ownership of land, find out the cadastral value and confirm the lawful use of the site is with the help of an experienced lawyer or notary.
An experienced lawyer will be able to advise you personally, prepare a statement of claim and, if necessary, represent your interests in court, help collect evidence and take part in the meeting.
It is also his responsibility to appeal the decision in court or monitor its implementation.
You can contact a lawyer on issues such as:
- Recognition of property rights.
- Determining the procedure for operating the site.
- Challenging the refusal to register property rights or land-type agreements.
- Settlement of disputes between neighbors during land surveying .
- Confiscation of land if illegal possession is proven.
- Recognition of an easement or right of use in perpetuity.
Here you can >> Contact a lawyer for a free consultation .
Examples from legal practice
It is often difficult for plaintiffs to prove the fact that violations occurred, for example, if the territory intended for individual construction is purchased for commercial purposes.
The same thing happens when it comes to environmental pollution in a certain locality.
Example 1
According to the law, overgrowing a site with weeds is equivalent to violating the intended use of the land. Representatives of the company against which this statement was made went to court to challenge the court decision imposing a fine of 40,000 rubles. The defendants argued that the purchase of the plot took place in October, and during this time it was impossible to carry out agricultural work. After studying the materials, the challenge to the decision was refused. This category of land was subject to cultivation in the period from May to October.
Example 2
The types of permitted land use represent one of the most controversial aspects in land judicial practice. The company was able to challenge the court's decision to hold the company liable for misuse of land. Initially, the site was allocated for the construction of a motel, but a tower was installed on it to connect with the building intended for an office. According to the judge, this case could not be classified as a violation, so no punishment was provided for it. This change was considered minor, but in more serious situations the court always takes into account the interests of Rosreestr.
Example 3
In the process of entrepreneurial activity, controversial situations regarding misuse often arise. When one entrepreneur was allocated a plot of land to build a multi-story building, he erected a commercial-type structure on it. For this he had to pay a fine, despite appealing the decision. According to the prosecutors, the erected stores did not belong to the residential complex, so the defendant’s claim was not satisfied. It is worth remembering that both misuse and lack of use of land are subject to a fine.
The illegality of using the site must be proven, so in controversial situations you should always contact a lawyer. A specialist will be able to thoroughly understand the issue and will do everything to defend your rights. Below is a list of sample documents required to be provided to the official.
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