The procedure for using land plots. Disputes about the use of the site

Often it is not possible to determine the order of use of a land plot peacefully.

Our lawyer on land issues will tell you how to do everything correctly and without unnecessary mistakes. With the help of a specialist in your field, you will not only decide on the procedure for using the land, but also eliminate the obstacles in using the land that third parties put in your way.

The procedure for determining the procedure for using a land plot

The owner of each apartment in a common building has the right to receive a certain share in the surrounding territory, regardless of the fact that neighbors’ buildings are already located on it.

The main criterion that will guide the official (judge) will be the determination of the share of all participants in the process in the right to use a specific territory. All rights and obligations of the parties are described in the Civil Code of the Russian Federation and the Land Code of the country, which states that the owner of half of the house has the right to half the share of the land around it, and the one who owns 1/5 of the house receives the right to 1/5 of the land around it .

The second criterion in resolving this land issue will be the order that has developed over the years, which was determined from the convenience of each land user, the location of his buildings on the land plot, as well as taking into account plantings of bushes and fruit and berry trees. Thus, the basis for the decision is the tradition of land use that has already been determined over the years, even if it does not correspond to an equal ratio in the common property, all inequalities are compensated by cutting or trimming in another place of the site where the dispute is least clear. The order of land use established over a long period of time is often recognized as logical, including when housing owners change. Repeated appeal to court on the same issue is prohibited by law.

Who can sue to determine the order of use of a land plot?

Citizens of private houses. Such disputes are different from those that begin when it is impossible to determine the boundaries of plots or to prove ownership. In this case, absolutely all citizens of the country can turn to judges for help.
Residents of apartment buildings. Determination of the procedure for using a land plot is most often required by owners of houses designed for use by several owners at once because and they have common land, often without any definite division. More questions of order arise when transferring the category of land; not all adjacent land users are satisfied with the decision made to change the purpose of the land plot; litigation begins on this issue.

ATTENTION: A lawyer on land disputes in court with neighbors and third parties gives advice in the video. Subscribe to our YouTube channel and legal advice on land issues in the comments of the video will be free for you.

Agreement on determining the procedure for using a land plot

In the event that several owners of the same land plot have disputes regarding the order of use of the land, it is possible to determine the order of use by concluding an appropriate agreement. Such an agreement is a good way of out-of-court settlement of a dispute related to the use of a land plot.

It must be remembered that the procedure for using a land plot in shared ownership can be changed. Moreover, it can be changed again out of court, and again by concluding an agreement or an annex to it. I would like to note that such an agreement is not subject to registration with any government bodies and begins to operate from the moment it is signed (unless it provides for something else).

It is also worth remembering that determining the procedure for using land is not a division of the land plot and, accordingly, does not have the same legal consequences.

It is important to remember that the agreement is drawn up in writing and must contain:

The date and place of its compilation;
Data of all legal holders of the land plot;
General rights and obligations of all site owners;
Specific rights and obligations of specific site owners;
The procedure for using communications (if any and are common).

It is worth noting that if the owners of the plot have not come to an agreement on the definition of the use of the land, then a judicial procedure can come to the rescue, the main purpose of which will be to change the order of use of the land plot; this category of disputes is quite common. If it was not possible to reach an agreement, our lawyers will help you draw up a competent statement of claim to determine the procedure for using the land plot, which will increase the chances of a successful resolution of the case in court.

Court decision on determining the procedure for using the land plot No. 2-546/2017 ~ M-125/2017

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

DD.MM.YYYY Sovetsky District Court of Samara, consisting of:

Presiding judge Lapshina Z.R.,

with the secretary of the court session Volchkova M.S.,

having considered in open court civil case No. on the claim of S.I. Illarionova, I.I. Spirkina. to Knyazeva T.D., Gorodoshnikov A.N., a third party who do not make independent claims regarding the subject of the dispute to the Rosreestr Office for determining the procedure for using a land plot,

INSTALLED:

Illarionova S.I. and Spirkin I.I. filed a lawsuit against Knyazeva T.D., Gorodoshnikov A.N. on determining the procedure for using land. In substantiating their claims, they indicated that the plaintiffs are the owners of the home at the address: on the right of common shared ownership. Illarionova S.I. is the owner of shares in the right of common shared ownership of a land plot with an area of sq.m. on the basis of: agreement No. dated DD.MM.YYYY on the provision of a land plot for indefinite use for the construction of an individual residential building on the right of personal ownership; decisions from DD.MM.YYYY, determinations of the district court from DD.MM.YYYY Spirkin I.I. is the owner of shares in the right of common shared ownership of a land plot with an area of sq.m. on the basis of: agreement No. dated DD.MM.YYYY on the provision of a land plot for indefinite use for the construction of an individual residential building on the right of personal ownership; decisions from DD.MM.YYYY, rulings of the district court from DD.MM.YYYY Other participants in the right of common shared ownership of a land plot are, in accordance with the extract from the Unified State Register of Enterprises dated DD.MM.YYYY: Gorodoshnikov A.N. — share in the right, Knyazeva T.D. - the share in the right

By decision of the district court dated DD.MM.YYYY, the right of common shared ownership of the house at the address: terminated. Gorodoshnikov A.N. allocated ownership of an isolated part of a residential building with a total area of sq.m., living area sq.m. to I.I. Spirkin. and Illarionova S.I. allocated ownership in equal shares of an isolated part of a residential building with a total area of sq.m., living area of sq.m. The property right is registered under No. from DD.MM.YYYY No. from DD.MM.YYYY, a plan of the boundaries of the land plot has been prepared at the address: in accordance with the established procedure for use. The plaintiffs have a land plot of sq.m. in use. in points No. In the use of the defendants there is a plot of land with an area of sq.m. at points No. This procedure for the use of a land plot developed between the plaintiffs and defendants initially, from the moment of acquisition of a share of home ownership under a purchase and sale agreement from DD.MM.YYYY; it is perennial and established. Between the land plots of the plaintiffs and defendants there is a fence that was installed many years ago. The land plot is registered in the cadastral register, it has been assigned a cadastral number, land category: lands of settlements, permitted use: for the construction of an individual residential building, which is confirmed by the cadastral passport of the land plot dated DD.MM.YYYY Based on the above, the plaintiffs ask: to determine the procedure for using the land a plot with cadastral number No. area of sq.m., located at the address: ; highlight Spirkina I.I., Illarionova S.I. for use a plot of land with an area of sq.m., located at the address: , category of land: land of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed DD.MM.YYYY "at coordinate points No. select Knyazeva T.D., Gorodoshnikov A.N. for use a plot of land with an area of sq.m., located at the address: , category of land: land of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed DD.MM.YYYY at coordinate points No.

At the court hearing, plaintiff S.I. Illarionova, acting on the basis of a power of attorney in the case as a representative of I.I. Spirkin. on the basis of the power of attorney in the case dated DD.MM.YYYY, she supported the claims, on the grounds set out in the claim, and asked to satisfy the claim in full.

Representative of the plaintiff Illarionova S.I. – lawyer FULL NAME6, acting on the basis of warrant No. dated DD.MM.YYYY, clarified the claims regarding the indication of coordinates, asked to determine the procedure for using the land plot with cadastral number No. area sq.m. located at: ; highlight Spirkina I.I., Illarionova S.I. for use a plot of land with an area of sq.m., located at the address: , category of land: lands of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed by DD.MM.YYYY. at coordinate points No.; highlight Knyazeva T.D., Gorodoshnikova A.N. for use a plot of land with an area of sq.m., located at the address: , category of land: land of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed DD.MM.YYYY at coordinate points No.

Plaintiff Spirkin I.I. did not appear at the court hearing, was duly notified of the time and place of the hearing.

Defendants Gorodoshnikov A.N. and Knyazeva T.D. At the court hearing, the claims with clarification of coordinates were recognized, and they did not object to their satisfaction in full.

The representative of the third party of the Rosreestr Office did not appear at the court hearing, was duly notified of the time and place of the hearing of the case, and did not notify the court of the reasons for the failure to appear.

After listening to the persons involved in the case and examining the case materials, the court comes to the following conclusion.

According to Art. 244 of the Civil Code of the Russian Federation, property owned by two or more persons belongs to them under the right of common ownership.

In accordance with the provisions of Art. 247 of the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.

In accordance with Art. 252 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to demand the allocation of his share from the common property. If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property.

According to Art. 254 of the Civil Code of the Russian Federation, the division of common property between participants in joint ownership, as well as the allocation of the share of one of them, can be carried out after a preliminary determination of the share of each of the participants in the right to common property. When dividing common property and separating shares from it, unless otherwise provided by law or agreement of the participants, their shares are recognized as equal. The grounds and procedure for the division of common property and the allocation of a share from it are determined according to the rules of Article 252 of this Code insofar as otherwise for certain types of joint property is not established by this Code, other laws and does not follow from the essence of the relations of the participants in joint property.

Paragraph 37 of the Resolutions of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated DD.MM.YYYY N 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation”, it is explained that when resolving the requirement to determine the procedure for use, the court takes into account the actual established procedure for using property, which may not exactly correspond to the shares in the right of common ownership, the need of each of the owners for this property and the real possibility of joint use.

The court found that the plaintiffs are the owners of the home at the address: on the right of common shared ownership.

Plaintiff Illarionova S.I. is the owner of shares in the right of common shared ownership of a land plot with an area of sq.m. on the basis of: agreement No. dated DD.MM.YYYY on the provision of a land plot for indefinite use for the construction of an individual residential building on the right of personal ownership; decisions from DD.MM.YYYY, rulings of the district court from DD.MM.YYYY

Plaintiff Spirkin I.I. is the owner of shares in the right of common shared ownership of a land plot with an area of sq.m. on the basis of: agreement No. dated DD.MM.YYYY on the provision of a land plot for indefinite use for the construction of an individual residential building on the right of personal ownership; decisions from DD.MM.YYYY, rulings of the district court from DD.MM.YYYY

Other participants in the right of common shared ownership of a land plot are, in accordance with the extract from the Unified State Register dated DD.MM.YYYY: Gorodoshnikov A.N. — share in the right, Knyazeva T.D. - the share in the right

From the explanations of the parties and the case materials, it follows that the plaintiffs use a land plot of sq.m., and the defendants use a land plot of sq.m. This procedure for the use of the land plot has developed between the plaintiffs and defendants since the acquisition of a share of the home ownership under a purchase and sale agreement from DD.MM.YYYY; it is long-standing and well-established.

Ownership is registered under No. from DD.MM.YYYY No. from DD.MM.YYYY, which is confirmed by an extract from the Unified State Register

a plan of the boundaries of the land plot has been prepared at the address: in accordance with the established procedure for use. The plaintiffs have a land plot of sq.m. in use. at points No.No. The defendants have a land plot of sq.m. in use. at points no.

Considering that the defendants did not object to satisfying the plaintiffs’ demands, the procedure for using the land plot has developed and is long-standing and established, under such circumstances, the court comes to the conclusion that the plaintiffs’ demands have been satisfied.

Based on the above, guided by Art. Art. , 194-199 Code of Civil Procedure of the Russian Federation, court

DECIDED

Claims of Illarionova S.I., Spirkina I.I. to Knyazeva T.D., Gorodoshnikov A.N. to a third party who does not declare independent demands regarding the subject of the dispute to the Rosreestr Office for determining the procedure for using a land plot, satisfy.

Determine the procedure for using a land plot with cadastral number No. area of sq.m., located at the address: .

Select Spirkina I.I., Illarionova S.I. for use a plot of land with an area of sq.m., located at the address: , category of land: lands of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed by DD.MM.YYYY. at coordinate points №№№

Select Knyazeva T.D., Gorodoshnikova A.N. for use a plot of land with an area of sq.m., located at the address: , category of land: lands of settlements, permitted use: for the construction of an individual residential building, in accordance with the plan of the boundaries of the land plot completed by DD.MM.YYYY. at coordinate points No.

The court decision can be appealed to the Samara Regional Court through the Sovetsky District Court within a month from the date the decision was made in final form.

The final form of the solution has been prepared – DD.MM.YYYY

Judge Z.R. Lapshina

Claim to determine the procedure for using a land plot

Site use plan. We recommend that you prepare for the court reasonably and come to the court hearing with pre-prepared options for the proposed division of the land plot. These diagrams are made on the basis of data from geodetic services by specialists who have access to this type of work. This will make it easier for you to explain to the court and other participants in the process how you imagine joint use of the land is possible.
Objections. The second party to a land dispute regarding the boundaries of land plots is not deprived of the opportunity to present their options, as well as to petition for the appointment of a judicial land management examination, within the framework of which the long-term land conflict between the warring parties will be put to an end.
Prove the existing order. To prove your position, it would not be superfluous to raise all the BTI plans that take place. The old diagrams, although not accurate, give an idea of how the buildings were previously located, what angle of inclination the border between the plots had, etc.

USEFUL: watch more tips on filing a claim in our video on YouTube channel

Determination of the procedure for use through the court

To do this you will need

draw up a statement of claim,
in which indicate a preliminary version of the procedure for use indicating the coordinates of the points (if you contacted an engineer),
or if there is a certain procedure for using the site.
And ask to establish such and such a procedure for using the land.
Attach to the claim documents on the property (extract from the Unified State Register of Real Estate, title document, depending on the acquisition of the land - either by inheritance, or purchased, or as a gift), a copy of the passport, state duty (300 rubles).
File a claim in court
in court you declare the appointment of a judicial land management examination, the resolution of which asks the question of what are the possible options for the use of the site, taking into account the current situation.

Help from a lawyer on land disputes in Yekaterinburg

Each side tries to prove its right to a larger meter. The issue of the correct installation of the fence becomes the most discussed in the dispute between neighbors. In such cases, you should file a claim in court and prove your case within the legal framework, and not continue a meaningless discussion that does nothing except waste time.

It is also worth understanding that when resolving cases of this category, the principles for determining the procedure for using a land plot are very important:

the principle of equal rights to a land plot;
the principle of reasonableness and justice.

To protect your land rights and receive the support of state judicial authorities, you should enlist the support of an experienced land lawyer, in particular you can find one in our organization. Only a legally savvy person is able to somehow change the tradition of owning a land plot and give the owner the right to use his share as he wishes.

Video on the topic

A claim to determine the order of use of land must be filed at the location of the land plot.

Below is a form of a claim to determine the order of land use.

In ____________________________ court (name of court) Plaintiff: ___________________________ (full name, address) telephone, E-mail: _________________ Defendant(s): _____________________ (full name, address) telephone, E-mail: _________________ 3rd party: ________________________ (name of body, address) STATEMENT OF CLAIM to determine the procedure for using a land plot I, ____________________, am the owner of __________________ share _______________________________________ at the address: ________________________ (specify the property (residential building, building, structure)) ____________________________.
The owners of the rest of the house (building, structure) are _________________________________________________________ (full name, size of the share belonging to __________________________________________________________________________ each owner) For the construction of the specified property, by decision _____________________________________________ dated “__”__________ ____ (name of government body) is allocated land plot with a total area of __________________________ sq. m, cadastral number ________________. Between the owners of a house (building, structure) a certain procedure has developed for the use of a land plot along the boundaries of ________________________ __________________________________________________________________________. Currently, a dispute has arisen regarding the procedure for using the land plot _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________. (indicate what the plaintiff’s claims against other house owners regarding the use of the land plot are and their validity) The agreement of the parties failed to establish the procedure for use. In accordance with Art. 35 of the Land Code of the Russian Federation, guided by Art. Art. 22 - 23, 131 - 132 Code of Civil Procedure of the Russian Federation, I ASK: Determine the procedure for using the land plot at the address: ________________________________. Appendix: 1. Title documents for a real estate object (building, house, structure) and a land plot (agreement on the provision of a land plot for the construction of a real estate object; a certificate from the technical inventory bureau on the legal registration of a real estate object, an agreement for the purchase and sale of an object, donation, exchange, certificate of inheritance, copy of the court decision). 2. Plan of the property and other documents relevant to the case. 3. Cadastral passport of the land plot. 4. An act of the commission on the measurement of the entire land plot and the area actually used by each of the co-owners. 5. Copies of the statement of claim for the defendants. 6. Document confirming payment of state duty. “___”__________ ____ city _________________/_________________/ (signature) (Full name) Kasenov E.B. Previous news Next news