How to properly file a complaint against a neighbor on a plot of land
complaints about neighbors on a land plot to the Administration for free in word format
In modern life, where everyone is trying to earn capital in every possible way, neighborly disputes over a plot of land turn into “a small war for meters, peace and quiet.
Among the causes of disputes and conflicts between neighbors on land plots, the following are identified: violation of plot boundaries, noise, drunken screams at any time of the day, flooding of the plot and other incidents.
A normal, law-abiding citizen, when the right to use a land plot is infringed, be it a garden plot or a personal plot near the house where he lives, questions arise: what to do in this situation, where to go, how to protect his land plot and stop the illegal actions of his neighbors, etc. . P.
One way to influence neighbors is to contact the local administration. This method is a legacy of our country’s Soviet past. When the administration of a city or district had a stronger position compared to the present situation, including in resolving land issues.
An application or appeal is drawn up in any form, and there are a number of requirements, compliance with which is mandatory.
Can a land plot that is owned be seized?
Public form of ownership of a land plot - what it is, read here.
How to draw up a statement of claim to the court on land issues, read the link: https://novocom.org/dokumenty/iskovye-zayavleniya/obrazcy-iskovyx-zayavlenij-v-sud-po-zemelnym-voprosam.html
The complaint must indicate:
- the body to which complaints are submitted,
- position, full name of the head of the government body (posted on the official website),
- The applicant’s full name, residential address, telephone number and other contact information if necessary and available,
- name of the complaint (will be indicated as “Complaint”),
- Next comes the text of the appeal, which reveals the essence of the conflict: what happened, when, with whose participation, indicating documents or citizens confirming what was written. It is advisable to indicate in the complaint the reasons for the conflict and the appeal to government agencies, and to describe the parties’ attempts to resolve the situation without contacting government agencies. When finishing your presentation of what happened, indicate the violation of the law by the unlawful actions of your neighbors.
In conclusion, we ask you to resolve the current situation and take measures to protect the rights of the applicant.
Then - a list of documents confirming what happened, then the signature and date of preparation.
How to rent land from the city administration?
Restrictions for noisy activities
First of all, you need to figure out which construction activities should be classified as “noisy”. Typical examples:
- demolition of partitions and other structural elements;
- laying furrows in the thickness of the walls;
- suspended ceiling installation and others.
In this regard, reasonable questions arise about what time repair work can be carried out in an apartment building, whether there are established regulations, and what to do to avoid conflict with neighbors.
There is no single law that regulates the level of permissible noise in an apartment building. The schedule for carrying out work that produces noise is usually drawn up at the level of the constituent entities of the Russian Federation. It can be found in the following regulations:
- specially adopted laws that provide time frames;
- acts establishing administrative responsibility;
- legal documents establishing general sanitary requirements.
The time when noisy work can be carried out in an apartment depends on the standards provided for a particular region. For example, in the Moscow region it is prohibited to carry out repairs from 21:00 to 08:00 on weekdays, and in the Samara region - from 22:00 to 08:00.
Silence laws define the following:
- what actions violate the rights of citizens to rest;
- when there is a ban on repairs at night on weekdays, as well as during the day on weekends;
- how long is the quiet time for daytime rest for the elderly and children;
- for what and how offenders are held accountable.
Carrying out noisy work and noise limits are regulated in Art. 23 Federal Law “On the sanitary and epidemiological welfare of the population.” In addition to this document, sanitary standards SN 2.2.4/2.1.8.562-96 apply.
General noise restrictions are as follows: during the day the volume of sounds should not exceed 55 decibels, and at night - 45 dB.
Collective claim
collective complaint against a neighbor to the administration for free in word format
A more effective appeal than a complaint can be a collective complaint against a neighbor on a land plot. For example, if a neighbor discharges wastewater (sewage) into the street, then it is likely that the whole street will be dissatisfied. It will be more difficult for officials to ignore and simply unsubscribe.
Important! To achieve precise results, collective treatment is more effective. When registering as an applicant, if there are more than 3-4 of them, it is indicated, for example, “neighbors living on the street. NNN" or "garden neighbors", etc. with the obligatory indication of the details of one person for communication and sending correspondence.
At the end of the complaint - the full name, address, telephone number and signature of each applicant.
A very effective option for suppressing negative actions on the part of a neighbor is to file a collective complaint. Often, the majority of owners of neighboring plots are dissatisfied with the behavior of a dysfunctional neighbor.
If the neighbors could not agree and each wrote their own complaint, all those who applied will receive a response of the same content, which will indicate the reasons for the impossibility of taking measures, or an indication that they have already been taken and everything is normal, or no violations have been identified.
ATTENTION! Look at the completed sample of a collective complaint against a neighbor to the administration:
Watch the video. How to return the land and restore the border if neighbors have seized the land:
Evidence base
Any appeal will be considered, but in order for all points to be taken into account, it is necessary to attach evidence of the event described in the complaint.
Acts, conclusions and any other documents of government bodies can serve as evidence if there have already been appeals regarding the commission of illegal actions by a neighbor.
For example, a neighbor makes noise at night, repeatedly organizes drunken parties, while his guests occupy or enter your territory, and based on these facts there are appeals to the police, the Ministry of Emergency Situations, and the security of the gardening partnership.
Other evidence will be photo and video recordings from surveillance cameras, video recorders and simply phones. It is better to print out the photo and attach it to the complaint.
Various opinions of experts or cadastral engineers, for example, in case of unauthorized seizure of part of the land or flooding, will become a weighty argument confirming what is stated in the complaint.
Note! The costs of paying independent experts will have to be borne by the applicant. It will be possible to recover them in full or at least in part only after going to court and the court decision entering into force.
If a collective appeal was unsuccessful and an individual complaint was filed, other aggrieved neighbors can be named as witnesses.
When considering the appeal, the applicant’s attempt to resolve the issue independently, without involving government agencies, is positively assessed.
In order not to be unfounded, to confirm attempts to resolve the issue amicably, it is better to use the mail services and send a demand to the neighbor to stop illegal actions, indicating the deadline, and after its expiration, file a complaint.
What to do when imposing boundaries of land plots?
Thus, documents confirming the events specified in the complaint may be:
- acts, reports, resolutions, letters of government bodies,
- photo and video shooting,
- independent expert opinions,
- testimony of neighbors or other witnesses,
- correspondence with a neighbor.
List of documents
The following documents must be attached to the statement of claim:
- a copy of the plaintiff's passport;
- apartment flood report;
- independent assessment report (if one was carried out);
- receipt of payment of the state duty (depending on the price of the claim).
If the interests of the plaintiff are represented by a trusted person (lawyer, lawyer), then he must have a notarized power of attorney. You can file a motion to secure a claim if, for example, the defendant has put up valuable property for sale and there is reason to believe that the court’s decision on compensation for damage will not be enforced. The petition is made in writing along with the claim or during the trial.
Application consideration period
A citizen’s appeal in the form of a complaint can be submitted orally, in writing or electronically. A written appeal is registered upon submission. It is advisable to have another copy of the complaint with you, on which will be marked that the complaint was accepted and the date of registration.
If a complaint is filed in the form of an electronic document, it must be registered within three days. And after registration, a 30-day period begins to run, during which government agencies are obliged to consider the appeal, take the necessary measures and provide a response.
The law also provides for situations when a state or municipal body has the right not to consider a received appeal:
- the complaint contains obscene or offensive words,
- It is impossible to determine the essence from the content of the complaint,
- on the issues specified in the complaint, the citizen has already been given explanations and recommendations, or the answer to the question raised in the complaint has already been posted on the website of the government agency when considering a similar appeal,
- an answer to the questions specified in the complaint cannot be given, since state secrets would be violated.
In all cases where it is impossible to provide a response to the complaint, the state body informs the applicant about this within 7 days from the date of registration. If over time the reasons have been eliminated, the citizen can again file a complaint.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Club of Defenders of Silence
See comment for more details.
to Art. 288 Civil Code. 2) SYSTEMATIC VIOLATION OF THE RIGHTS AND INTERESTS OF NEIGHBORS; The concept of systematic violation of the rights and interests of neighbors has the content that is included in it by housing legislation (see paragraph 4 of Article 687 of the Civil Code, Article 98 of the Housing Code). In essence, we are talking about a violation by the owner of a residential premises or capable members of his family of the current rules for living and using residential premises, in particular those enshrined in the Rules for the use of residential premises and maintenance of the local area in the Russian Federation. Rules for the use of residential premises and maintenance of the local area in the Russian Federation (excerpt from Point M) - comply with the rules of socialist community life, do not allow work to be carried out in the apartment or other actions that lead to damage to residential premises or create increased noise or vibration, VIOLATING NORMAL CONDITIONS OF CITIZENS' LIVING IN OTHER RESIDENTIAL PREMISES. The use of televisions, radios, tape recorders and other loud-speaking devices is permitted ONLY under the condition of REDUCING THE AUDITABILITY TO A DEGREE THAT DOES NOT DISTURB THE PEACE OF THE HOUSE RESIDENTS.
Question:
there was a leak in our apartment and the neighbors below were flooded.
Neighbors filed a lawsuit against us - what should we do? Answer
: In the circumstances you described, we advise you to do the following.
Listen carefully to your neighbors, go to them and look at the damage.
Take careful photographs of any damage. Neighbors may object and not let you in for a review. In this case, you should argue that by doing so they are trying to inflate the amount of damages.
Try to immediately decide on the amount of compensation. If you managed to do this on the spot, get a receipt from your neighbors first about the agreed amount, and then about the money transferred.
If the issue cannot be resolved immediately, an inspection report must be drawn up. This document should be drawn up in the presence of employees of the operating organization. Ask for one copy for yourself.
With the help of these specialists, draw up a report of damage in your apartment.
Neighbors have the right to involve independent experts. If the inspection is carried out without you (and this most often happens), send a request for an inspection to the operating organization. A copy of this letter will help you appeal the assessment.
At the trial, try to present compelling arguments for ordering a separate forensic examination to determine the cause of the flooding and assess the damage.
The course of the trial can go in two ways:
1. If your public water supply, heating or sewerage networks have broken, then file a claim against the operating organization. Moreover, this must be done before they file a claim against you.
As a defendant, you can mention this fact when asking the court to wait before deciding on your claim. In this way, you deflect the blow from yourself, transferring it to the true culprit. In the future, if you prove the guilt of the operating organization, you and your neighbors can file lawsuits against one defendant.
2. If the trouble occurred through your fault, then all that remains is to minimize costs. If the amount of claims in court is clearly overstated, in no case should you agree with the assessment of some “independent” expert and demand a forensic examination. In this case, you simply must be invited to sign the document. However, after such an investigation there will be no turning back, and you will have to pay for the damage in full.
Everyone wants to live beautifully. And in their apartments too.
So, with the beginning of summer, cosmetic and even major repairs (remodeling) for residents began en masse.
Some people just listen to music or watch TV. Only some for some reason try to do this quietly, without causing inconvenience to their neighbors, while others never give rest to the rest of the citizens.
Many residents of apartment buildings have already encountered this problem, and unfortunately, others are yet to encounter it.
Let's try to figure it out together.
Such “neighborhood” relations are regulated primarily by the Civil Code of the Russian Federation (parts one and two) and the Housing Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation and the Housing Code of the Russian Federation).
Thus, Part 4 of Article 17 of the Housing Code of the Russian Federation states that the use of residential premises is carried out taking into account the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements.
At the same time, both tenants of residential premises under a social or commercial tenancy agreement (lease) and their owners are required to respect the rights and legitimate interests of neighbors (Part 4 of Article 30 of the RF Housing Code).
The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 No. 52-FZ is in force in the Russian Federation. According to Article 10 of this law, “citizens are obliged not to carry out actions that entail violations of the rights of other citizens to health protection and a favorable living environment.”
These relations are also subject to the norms of the “Rules for the Use of Residential Premises”, approved by Decree of the Government of the Russian Federation of January 21, 2006 No. 25.
I note that the previous “Rules for the use of residential premises, maintenance of a residential building and local area”, approved by Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415 (lost force) in subparagraph “e” of paragraph 9 established that from 23:00 to 7:00 There must be complete silence.
There is no such provision in the current Rules for the Use of Residential Premises.
So, I was faced with the fact that my neighbors are noisy. What should I do in this case?
Grounds for filing a complaint against a neighbor
There can be many reasons and grounds for filing a complaint about the actions of neighbors.
Let's highlight several groups:
- unauthorized seizure of part of the site, construction of buildings in unacceptable proximity to the boundaries of the territory and other violations of property rights,
- burning or storing waste in a common area or on your site, draining wastewater, flooding of land and other environmental disturbances that impair soil fertility,
- problems arise in the use of easements or other public facilities.
A tenant using a land plot has the right, like the owner, to protect his rights of use violated by the actions of his neighbors by applying for protection to state and municipal authorities.
How to legalize self-construction on a plot of land?
