Mandatory pre-trial procedure for resolving a land dispute
Content
Many city dwellers dream of having their own plot of land to relax from the bustle of the city. It just so happened historically that there is not enough land near megacities for everyone who wants it, and it is expensive. It is not surprising that ownership rights to a small plot sometimes cause real battles between relatives or neighbors. In recent years, land disputes have been resolved through pre-trial settlement of civil disputes regarding issues of land and site boundaries. This method of resolving a problem is civilized, since it makes it possible to fairly resolve it as efficiently as possible.
If you have problems with your land allotment and require pre-trial settlement of land disputes, we recommend that you contact a professional lawyer or notary. A specialist will review the case and determine the best solution. You can get full advice and up-to-date samples of all necessary documents - consult a lawyer .
Why is pre-trial settlement carried out?
A dispute is a simultaneous claim by several parties to a common object of use. If we talk about disagreements of this kind, in this case the object of use is the allotment. Settlement of legal disputes in civil proceedings may be required when any conflict arises involving the owner and third parties related to him.
Read also >> How to resolve a land dispute with your neighbors along the boundaries of the land plot https://migrant66.ru/zemlya/mezhevanie/zemelnyj-spor-po-granitsam.html .
Disputes about the boundaries of a land plot are a special type of conflict situations when the interests/rights of one or more participants whose legal relations are violated are violated. To ensure that the case does not end up in court and that everything is resolved as quickly as possible peacefully, it is recommended that you contact a lawyer.
It is worth choosing a specialist who is familiar with the peculiarities of the process of resolving disputes over land plots. And even if certain conflicts arise during the preparation of documents for a land plot, this does not mean that the situation is insoluble. The lawyer will tell you how to get rid of them correctly and whether going to court is necessary.
Pre-trial resolution of land disputes with a competent approach will almost always be in favor of the owner, since land law provides for the protection of his rights.
Summarizing the above, it turns out that in a land dispute, several individuals or legal entities will prove their own rights to the land, taking into account the claims made. They are presented by any party to the dispute.
Types of disputes
Settlement in civil proceedings is necessary in case of disputes related to:
- determining the area;
- violation of site boundaries;
- seizure of land for the needs of the state;
- recognizing the actions of government agencies as illegal;
- designation of ownership rights to real estate.
According to the Code of Civil Procedure of the Russian Federation, the subject in such disputes is the land plot, and the object is its owner.
The pre-trial procedure for resolving land disputes is of interest to owners of real estate rights who, for some reason, cannot own, manage or fully use their own real estate.
Read also >> What to do if a neighbor violates the boundaries of a land plot .
Such people are forced to go to court to protect their rights and restore access to land ownership in full.
Procedure for pre-trial dispute resolution
Conflicts regarding the ownership of a land plot are resolved in court or out of court. In the latter case, you need to make a claim on the issue put forward by the opposing party. Then everything will depend solely on the opponent’s desire to find a solution to the conflict before going to court.
If the situation cannot be resolved, you need to go through certain steps to consider the case in a court of general jurisdiction.
The arbitration court considers only disputes arising between different economic entities. If there is a special agreement between them, then the dispute will be considered by an arbitration court.
The commissions, which are competent to clarify relations in a pre-trial manner, consider issues regarding the provision of plots, coordination of boundaries, and the allocation of a share “in kind” from agricultural land. Sometimes turning to such an authority is the best method to resolve a conflict.
Dispute resolution includes the following stages:
- drawing up, filing a claim - a statement from the plaintiff;
- notification to each party to the dispute;
- preparation of case materials, study of documentation;
- judicial process;
- making a decision by the court;
- appealing a decision that the plaintiff or defendant considers unfair;
- execution of a court decision.
Compliance with pre-trial order requires that the landowner try to reach an agreement with the opponent. If the event ends with a successful outcome, it will be possible to protect the interests of the land owner without lengthy judicial red tape.
The local municipality may be involved in solving the problem. If we are talking about a small area, you just need to contact the commission working under this body. Specialists will re-measure the plot and clarify its boundaries. The problem with the neighbors will be resolved quickly.
Obtaining information from the Cadastral Chamber. If the Unified State Register contains information about real estate with errors, then the opponent must provide expert/appraiser opinions confirming the landowner’s correctness. The dispute can be resolved without trial.
Involvement of a special administration department. If errors are made during land surveying, topographic survey and other procedures, which are automatically entered into the Unified State Register of Real Estate and documents establishing rights to the object, you should submit an application to a special department of the local administration that is in charge of land relations.
If the plaintiff does not comply with the pre-trial procedure, the case may be denied in court.
Assessing the prospects of a land dispute in court
A lawyer will help you assess the prospects for a dispute over a land plot in court on the basis of documents provided by the owner. The lawyer will analyze all the documents and tell you how you can win a dispute in court and what you need to do to do this - assess the prospects of your case .
Cost of a lawyer
The services of a lawyer on land issues are affordable. A detailed consultation on pre-trial dispute resolution will cost from 4 to 8 thousand rubles. depending on its duration.
Pre-trial settlement costs from 40 to 160 thousand , which depends on the complexity of the case. You can find out exactly the cost and timing of pre-trial settlement after the lawyer is fully familiar with the specifics of the case and its materials.
Options for resolving land disputes
The list of available tools for resolving conflict situations includes only two options.
Pre-trial settlement
When neighbors are on good terms, you can come to an agreement with them without extreme measures. When choosing a mediator for negotiations, you should order the services of an experienced mediator, whose professional skills will allow you to establish a mutually beneficial dialogue between the two parties.
The measures taken should help to find a compromise position that suits all stakeholders.
Trial
If the pre-trial procedure is not followed during the mediation procedure and the parties have not agreed on a peaceful resolution of the dispute, then one of its participants must initiate resolution of the case in court.
The landowner is required to write a statement, act as a plaintiff and submit documents to the court for consideration. The outcome will depend solely on how completely reliable information is collected regarding the boundaries of the land plot and the rights to it.
Title documentation will help tip the balance in favor of the plaintiff. Compliance with the mandatory pre-trial procedure is important before going to court.
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