Neighbors seized part of the plot: what to do and how to resolve the issue of squatting
Content
If, during land surveying or when purchasing land, the owner finds out that a neighbor has seized part of the plot, the issue of return is first resolved through a contractual procedure. If negotiations reach a dead end, you should go to court.
Why do such situations arise?
It happens that the site is nearby and looks abandoned. Such plots are occupied partially or completely. These actions are illegal, since there is no land without an owner. It belongs to private individuals, the state or the municipality. Accordingly, it will not be possible to privatize it either.
Squatting occurs everywhere: on lands intended for individual housing construction, dachas, and in SNT. Land disputes often arise around privatized plots: the privatization procedure was carried out according to old technical documents.
If neighbors have seized part of the site, there are four main reasons:
- unauthorized illegal actions aimed at increasing the area when a neighbor’s fence stands on land that belongs to you;
- incorrect land surveying or removal of land boundaries. During land surveying, a neighbor seized a piece of land due to the fact that it was carried out with violations or there was an error in the cadastre. This situation will have to be corrected in court;
- sale of a plot with already established boundaries and neighborhood squatting;
- neighbors may occupy other people's meters by mistake and others.
If a neighbor has occupied part of the land, you can find out what to do when he refuses to resolve the issue peacefully on the website.
Lawyers will advise you on the conduct and structure of the conversation, the list of required documents. The service is free, you leave a message indicating your details, after which a lawyer on land issues will contact you. You can call and immediately ask a lawyer what to do if a neighbor has occupied part of my land.
Illegal occupation is expressed in the appropriation of public spaces, when a neighbor unilaterally uses the site, for example, to park his cars. This problem is acute in Moscow and other densely populated areas.
Procedure if a neighbor has occupied part of the plot
The actions of an owner faced with the fact that a neighbor has occupied a small part of land that does not belong to him depend on the establishment of boundaries. If it was carried out, then one way of resolving the situation is assumed, if not, then another.
Read on the topic >> How to register the squatting of a land plot .
If surveying has been carried out
If land surveying has been carried out, then on the basis of the boundary plan it is easy to establish the boundary of the site, its violation and correlate them with the information included in the cadastral plan. In addition, the document confirms that the owner of the site is right and will help avoid going to the justice authorities.
If there is a boundary plan, the procedure is as follows:
- Establish turning points secured by boundary signs. This information is contained in the boundary plan. This procedure is carried out independently if the area has a simple shape. But since we are talking about a controversial situation, it is recommended to contact surveyors.
- After studying the documents and establishing the actual boundaries according to official data, you can begin negotiations with your neighbors. Success depends on the ability to persuade and negotiate. If neighbors refuse to resolve the issue peacefully, the only option is to go to court.
If there is no land survey
The neighbors privatized part of the plot, but the boundaries of the plot were not actually defined; it is difficult to determine whether the seizure is illegal or not. Therefore, it is necessary to carry out land surveying.
It includes the coordination of boundaries when neighbors sign the act. It is drawn up by a cadastral engineer. The boundaries are considered agreed if all neighbors left their signatures and did not express any complaints.
After land surveying comes the stage of communication with neighbors. It will have a positive or negative result, suggesting an appeal to the court.
What do lawyers advise in this case?
It is recommended to record all facts of communication with neighbors. We must start from the moment the boundaries are agreed upon. When conducting land surveying, neighbors are notified of the meeting by an advertisement in the local newspaper, but if no one reads it, then this option is acceptable, but ineffective.
Another way is to send a telegram acknowledging receipt. This is more expensive than a notice, but much more reliable, especially when neighbors claim that they were not notified of the time and place of boundary approval. It is not recommended to ignore the notification procedure, since in the absence of evidence, the court will side with the neighbor.
Before going to court, you should try to resolve the issue peacefully. Again, it is better in writing. The proposal sent by mail will convince the court that the procedure for resolving the dispute has been followed.
You can resolve issues with neighbors on your own or by contacting a specialist in land issues for advice . A notarized power of attorney will allow him to act on behalf of the owner in the specified authorities.
Dispute resolution in court
If negotiations with neighbors reach a dead end or they claim that there is an error in the documents, you should go to court.
Cases regarding border disputes are heard by the district court located at the location of the land.
The statement of claim is drawn up in writing and supporting documents are attached to it.
The claim states:
- the court to which the claim is addressed;
- FULL NAME. parties, addresses and telephone numbers;
- Title of the document;
- main part:
- description of the right to the site and the basis for its origin;
- information about the site of a technical nature (area, location, purpose);
- the circumstances of how your piece of land ended up with a neighbor;
- references to legal norms;
- how land grabbing violates your rights;
- ways to resolve conflict;
- the pleading part is the requirements for the court, correct and clear;
- applications;
- date and signature.
A sample statement of claim is posted online. It is only needed to understand the structure. There is no need to copy it completely.
Please note Art. 301 of the Civil Code of the Russian Federation, which gives the right to demand return to the owner of his plot, Art. 304 of the Civil Code of the Russian Federation - elimination of obstacles to the use of the site.
All parties involved in the case must be provided with copies of the claim and its annexes. It is possible to send them a package of documents, but this is not among the requirements presented in courts of general jurisdiction, as opposed to arbitration courts. If the plaintiff wants to speed up the movement of his claim, then he can send the defendant the documents himself and attach a copy of the receipt and inventory.
The case is heard in court for no more than 2 months. This period may be suspended for the duration of the examination, which will be required to determine the boundaries of the site.
Judicial practice on the issue of unauthorized seizure has developed extensively. In some cases, the court decides to restore borders, in others it refuses. Each case has unique circumstances, so it is recommended that you consult with an attorney .
Complaints to the prosecutor's office will not yield results, since there is a dispute about the law, which can only be resolved by the court by examining the documents and ordering an examination. In addition, the court decision is binding on the neighbor. Even if it is not executed voluntarily, the bailiffs will force you to return the seized territory and not interfere with the use of the land.
Land disputes need to be resolved, otherwise such a plot cannot be sold, bequeathed or disposed of in any other way.
For your part, you should not appropriate neighbors’ meters, otherwise they will have to be returned in court.
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