Conflicts related to the right of ownership of the land, were always and still remain a topical direction of legal practice. Boundary disputes, unauthorized land grabs, conflicts of interests of tenants and landlords, plots subdivision between relatives and other disagreements are never resolved without the participation of competent experts in the field of land law. Contact our law firm to get qualified legal assistance in the settlement of a land dispute.
The regulatory framework for the consideration of land disputes are the provisions of the Land code and the CPC. Parties to the conflict may be not only private persons and legal entities, but also public authorities and local government. Land disputes with the participation of a lawyer can be resolved:
- out of court, when one of the parties to the conflict voluntarily waives claims in favor of the other party;
- administratively, by contacting the relevant authorities;
- in the arbitration court;
- by appealing to a Justice of the Peace;
- by filing a claim with the arbitration court or court of General jurisdiction.
Methods of conflict resolution are chosen according to the circumstances of a particular case. The law establishes a period of three years, during which a citizen may apply to the court for violation of his land rights. If there are valid reasons, this period may be extended in court.
Disputes on recognition of land rights
In the case when several owners apply for one land plot, the dispute can be resolved only in court. The court considers the documents provided by the parties to the conflict and makes a decision on their basis. The reasons for the dispute are often related to:
- errors made during entering records into the land cadastre;
- mistakes and violations made during the privatization of land;
- conflicts related to the division of inheritance;
- processes of reorganization or liquidation of legal entities, during which the land plot changes its owner.
Even when the parties reach an agreement out of court, their decision should be verified by a court verdict. Except for the cases that are settled by the application of the “Dacha Amnesty”.
Shared ownership of land
One land plot may belong to several owners who own and dispose of it on the rights of shared ownership. It means that each of the co-owners can use the entire land plot, not only some part of it; but for the construction or sale the consent of all owners is required. The procedure for the use of land is established by joint agreement or, in the event of a conflict, by judicial proceedings.
As an owner, you may request the allocation of a natural share of the total area for the personal use. After that, you will lose the right to the remaining land in the shared ownership, but will be able to dispose of your part of the allotment without any restrictions. Our lawyers will help you to get the share of your land plot or the income it brings, to restore the rights to the share of the land plot, etc.
Lease of land
Conflicts based on the relationship between the landlord and the tenant of the land, arise due to:
- improperly drawn up lease agreement;
- breach of contractual obligations by one of the parties;
- the need to terminate the lease agreement before the deadline;
- refusal to extend the lease;
- misuse of land;
- use of the part of the lessee’s leased and paid land by the lessor, for his own needs.
To avoid financial losses, we recommend to involve a specialist in land law at the stage of drawing up the lease agreement. Our law firm provides assistance in the settlement of the most complex conflicts in the field of land lease.
Cadastral accounting disputes
Conflicts related to the cadastral registration of plots are usually related to the improper performance of their duties by the cadastral engineer or employees of the Cadastral chamber. If you are denied the state registration of land or making changes in the cadastral record, you can not enjoy the right of ownership of the land in full. Only a court decision will help to restore your rights completely. We recommend not to postpone the resolution of the problem, as over time it will become more difficult to prove your case.
Changing the category of land
The Land code States that each land plot, according to its designated purpose, is assigned a category that limits the rights of the owner to certain activities. For instance, it is impossible to build a house or an industrial facility on an agricultural site – first, it is necessary to change the category of the land plot.
The owner must submit an application:
- to the Government of the Russian Federation, if the land is owned by the state;
- to the regional authority or municipality, if the land is in their possession or under private ownership;
- to the administration of the local government, if the land is neither state nor municipal and nor private.
If case of refusal to change the category, you can challenge this decision in court. In some cases, it is impossible to change the category – for example, if the site belongs to the reserve or wildlife sanctuary. The process of changing the category of land is quite complicated and requires the participation of a qualified lawyer.
Conflicts over land-use boundaries
Disputes about the boundaries of the land plot are usually can not be resolved out of court, as each of the parties to the conflict have documents confirming his rights. At the appeal to court the examination of cadastral documents is appointed, it includes revision of all title and land management documents. The court verdict becomes the basis for change of cadastral records and determination of the valid border of disputed land plot.
Qualified lawyers of our company will help you to collect the documents necessary to prove your case and will take part in the conduct of the proceedings.
Conflicts arising in the process of land surveying are called boundary disputes. They arise when one or more of the neighbors have no documentary evidence of ownership of the land or a part of it. Usually boundary dispute is related to the boundaries of the land plot or its area. It is mainly resolved out of court. After reaching an agreement on delimitation, the parties to the dispute refer to the cadastral engineer to document the boundaries.
Our staff will assist you in resolving disputes related to the acquisition, use and alienation of land plots. Contacting us in the event of land related conflict situation, you receive a qualified legal assistance that increases your chances of a favorable outcome.