How to resolve a land dispute with neighbors?
Content
An important form of protection of a disputed, violated right is judicial protection. According to Article 46 of the Russian Constitution, every citizen has the right to go to court in order to protect their own rights. If necessary, various decisions, actions/inactions of government bodies, local municipalities, officials, and public associations can be appealed to the court. It is also possible to resolve land disputes. The RF Land Code, Article 64, states that legal disputes must be considered in court. Before the start of proceedings, the dispute must be submitted for resolution by the parties to an arbitration court.
If you need to resolve disputes over land plots with neighbors, but you have many questions about the upcoming proceedings in the Altai Territory, it is best to consult a qualified lawyer or notary - ask a lawyer .
A specialist will carefully consider the nuances of your case and advise you on what to do in a given situation, tell you what documents are needed in the administrative procedure for resolving a conflict, and help you correctly draw up a statement of claim. They will determine the best ways to solve the problem regarding any specific plot taken.
What kind of disputes are there?
The classification of debates depends on disagreements regarding the implementation of legal relations. The following types of disputes are distinguished:
- on recognition of a person's right to an allotment . The court decision will become the legal basis for registering land ownership. The need to resolve a case in court arises when several or more persons claim one plot of land as owners, tenants, etc.;
- on awarding the performance of an action in favor of a person interested in it, or abstaining from the process . The court establishes the presence of the disputed steam and its contents;
- on termination/change of land legal relations . A solution is possible with the help of a judicial establishment of the peculiarities of interpretation of various legal facts that serve as the basis for termination or change of legal relations on a land plot.
Where to contact?
Persons interested in a land dispute or conflict resolution have the right to apply:
- with the participation of entrepreneurs and legal entities in arbitration courts;
- with the participation of citizens in courts of general jurisdiction;
- by agreement of the parties to arbitration courts;
- to determine the conformity of normative acts at various levels with the Russian Constitution to the Constitutional Court of the Russian Federation.
Procedure for resolving land disputes
The consideration of cases in different courts is determined in accordance with modern procedural legislation - arbitration, civil. Important acts in this area are the codes of the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.
If it is necessary to resolve a conflict, an appeal to the court is carried out:
- in the general case - with the help of a statement of claim;
- in case of inaction of officials and administrative bodies - statements (Chapter 25 of the Code of Civil Procedure of the Russian Federation).
According to the procedure for resolving land disputes, the claim must fully comply with the requirements of procedural legislation.
Applications submitted to the court are, as a general rule, paid for with a state fee, the amount of which is established by the Tax Code. A payment order or receipt confirms the fact of payment. It is important that these documents are certified by the seal of the bank where the payment was made.
During judicial proceedings in the case of legal regulation, the current circumstances of the case are clarified, after which a decision is made, which must be justified and legal. The decision is recorded in writing.
Peaceful solution to the conflict
Resolving land disputes out of court is always better than bringing the matter to court. Main options:
- settlement agreement between the two parties;
- conducting an independent examination;
- appeal to the prosecutor's office by the parties to the dispute;
- involvement of the land owner in the event that a dispute is between tenants of land plots.
If land surveying has been carried out, in case of disputes between neighbors it is possible to carry out land surveying. When there is no reason to defend claims regarding land, it is recommended to make concessions and not drag out the matter until a decision is made in court.
When there is a dispute over a plot of land, it is important to figure out who actually owns it. In the event of a quarrel with neighbors during land surveying, you can invite independent experts who will determine the true position of the boundaries.
Resolving disputes through court
Often, land rights must be proven in court, since a peaceful resolution to the conflict is impossible. All parties to the conflict stand their ground and do not want to give in. In this case, judicial resolution of land conflicts is necessary.
You need to go to the land court and follow these procedures:
- collect the main evidence used in resolving land disputes, which should confirm that the rights of the plaintiff have been violated;
- an examination should be carried out by independent experts licensed for such activities;
- you need to prepare a package of documents provided for in judicial practice for resolving disputes about the boundaries of land plots;
- the claim is filed in court;
- the court accepts the verdict;
- execution of court decisions;
- The plaintiff receives the court's decision in writing.
Cost of a lawyer
The concept of “land dispute” has become firmly established in modern law. Lawyers on land issues successfully advise clients and help resolve problems. The lawyer will talk about the features of resolving land disputes and tell you how to proceed in resolving a conflict over land plots.
The service of legal representation of a client in court costs from 40 thousand rubles. Consultation with a lawyer on land issues - from 3-4 thousand rubles and more, depending on the complexity of the issue. If the outcome of the dispute in court is unfavorable for the plaintiff, the specialist will advise what is needed to overturn the decision and will provide comprehensive assistance in preparing for the appeal court.
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