"Nearby" wars in the country: what to do if a neighbor violates your rights

Ignorance of the law is not an excuse. Therefore, if the neighbor in the dacha decided to build a house or plant trees close to your fence, you can justifiably declare war to the pest. Well, or try to agree on everything in a good way.

Bought a summer cottage? Do not rush to deploy construction and landing activity. Familiarize yourself with SNiPs and other regulatory documents in order not to cause discontent of your neighbors with your activities or, if necessary, be able to protect your own rights.

There are many reasons for quarreling with neighbors. And many of them we have already touched.

  • Top 7 reasons for bad relationships with neighbors
    Those who have already bought their house in the village or holiday village, know that you need to choose not only the site, but also the neighbors.

Now we will discuss the problem of fences, as well as the distance between the fence and the place where, according to the norms, you can plant or build something. The “fence” wars erupt with unshakable consistency. Therefore, to understand the question is once and for all. Let us enumerate the most topical disputable situations and give explanations to them, based on the Code of Rules 53.13330.2011 "Planning and development of the territories of horticultural (summer) associations of citizens, buildings and structures".

Intervals are not counted from the fence, but from the boundary of the area specified in the landmarks. This is due to the fact that in life the fence rarely passes along the real border between the sites.

Neighbor builds a house right at your fence.

The desire to be with neighbors in close relationships does not mean the need to build a house close to someone else's site. SNiP also does not encourage too "close" neighborhood. The distance from the cottage to the fence should be at least 3 m.

If the neighbor's cottage "grows" not just next to the fence, but also very close to your house, it is worth remembering also about the rules of fire safety. In this case, the permissible minimum distance between buildings is influenced by the material of their supporting and enclosing structures (see table below).

The minimum distance between residential buildings in adjacent areas (fire regulations)

MaterialBUTATWITH
BUT6 m8 m10 m
AT8 m8 m10 m
WITH10 m10 m15 m

Explanations:

BUT: non-combustible materials, incl. stone, concrete, reinforced concrete

B: non-combustible materials with hardwood floors and coatings with protection from non-combustible or slow-burning materials

C: wood, frame enclosing structures made of non-combustible, slow-burning and combustible materials

It is also allowed to build on the garden or summer cottage: a summer kitchen, a bath, a carport, greenhouses, a garage for cars, a shower, etc. Sanitary standards, they should be based on the following recommendations:

  • for households intended for livestock and poultry - at least 4 m from the border of the site;
  • for other hozpostroyek - at least 1 m from the border of the site;
  • for shower, bath or toilet - at least 8 m from the residential building;
  • for restroom or composting device - at least 8 m from the well.

The slopes of the roof of the outbuildings, located 1 m from the fence, should be arranged so that the water from them does not flow into the adjacent section.

Ways to solve the problem:

  • Discuss all issues with your neighbor in advance.. Regulations allow the change of the recommended distance between objects by mutual and documented agreement.
  • Try to convince a neighbor to move the building. When the job is done, and the house is built, negotiating its transfer is problematic. But nevertheless it is worth warning the neighbor about his discontent and firm intention to achieve justice, including through the court.
  • Go to court. To appeal to the court, it is necessary to make a claim with the requirement to transfer the structure or demolish part of it. In the outcome of the case in your favor, you can recover from the violator the costs of the services of a lawyer, an examination, and even demand compensation for moral damage. The decision of the court is transferred to the bailiffs who are responsible for its execution.

The distance between the house, the outbuildings and the boundary of the plot is measured from: a) the basement, b) the walls of the building (if there is no basement), c) elements of the house protruding more than 50 cm from the wall plane (porch, roof overhang, roof, bay window) .

The neighbor house is not just close, it is also huge!

The SNiP regulates: on a plot of 0.06-0.12 hectares a maximum of 30% of the land can be allocated for buildings, grounds and paths. If the rate is violated, there is a misuse of the site. This problem often arises if the cottage is built not just as a summer house, but as a place of permanent residence.

Ways to solve the problem:

  • Call the land law inspector. The specialist will record the violation, taking into account the Federal Law No. 46 of 03/08/2015.
  • Go to court. Go to court, having previously tried to resolve the conflict in a peaceful way.

A neighbor put a fence on the territory of your site

If the surveying of the plots was not carried out earlier, when changing the fence, the border between the plots is most often determined by eye. Therefore, do not rush to wave your fists, having discovered that a piece of your land is planted with someone else's strawberries. Most likely, a neighbor captured your territory without malicious intent. But if it is important for you to win a fair share of the weave, proceed as follows.

Ways to solve the problem:

  • Call the surveyor. The specialist will install landmarks according to state cadastral registration. Seeing the real boundaries of the plots, neighbors often admit they were wrong and agree to move the fence.
  • Go to court. If the surveyor’s opinion did not coincide with the neighbor’s point of view, go to court, having previously prepared the following documents - papers confirming the right to property, cadastral passport, land-bound plan. This is usually sufficient, but in some cases, a land survey is appointed. The writ of execution must be sent to the Federal Bailiff Service. The bailiffs will begin enforcement proceedings - will give the respondent a week to self-resolve the issue. If this does not happen, they will take measures for the independent demolition of the fence.

Neighbor breaks the garden close to the fence

Fruit trees on an adjacent plot can be planted so close to the fence that, regardless of your desire, you get a portion of the neighboring crop. And it's good if this is really some kind of apple tree, and a row of oaks casting a thick shadow on your beds. But what if you don’t like collecting other people's fallen plums and rotting pears? What if your carrots and beets are suffering from the lack of sun? Do not worry: SNiP is again on your side.

The rules for planting trees and shrubs include the following distances from greenery to the fence:

  • shrubs and stunted trees (up to 10 m) - 1 m;
  • middle-growth trees (more than 10 m, but less than 15 m) - 2 m;
  • tall trees (more than 15 m) - 4 m.

Ways to solve the problem:

  • Agree with a neighbor. You can ask to cut down overhanging branches or cut down trees completely.
  • Send a registered letter. If the conversations did not help your trouble in any way, you can take more radical measures and send a registered letter to your neighbor demanding to eliminate the violation of the norms and regulations.
  • Go to court. If your written request is ignored, go to court. There you will have to explain how much damage trees bring in the neighbor’s plot. For example, a tree may create a shadow or you fear that it may fall and break a fence.

A neighbor decided to isolate himself from you with a high deaf fence.

The idea of ​​separating the cottage from prying eyes with a deaf high fence attracts many. But this decision can not appreciate the neighbors. And it's not about curiosity. First, the high fence casts a shadow on the adjacent site. Secondly, it interferes with normal air circulation. The code of rules 53.13330.2011 recommends installing mesh or lattice fences up to 1.5 m high. It is allowed to install blind structures only from the side of streets or passages, and only by decision of the meeting of members of the dacha community.

You can learn more about the requirements for the fence from the following article.

  • What a fence between the sites put, so you do not have to sue the neighbors
    We decided to dissociate ourselves from the neighbors, but do not know what the fence should be between the plots? We will tell you!

Ways to solve the problem:

  • Agree with a neighbor. The code of rules allows for an opportunity to agree with a neighbor on the construction of a high, deaf fence and fix the agreement in writing. This document is legally binding and will play a decisive role in the case of going to court.
  • Write a complaint. You can file a complaint with your neighbor on the board of a gardening or dacha association. As an argument in your favor, declare that the fence obscures the garden / vegetable garden and prevents the crop from growing.
  • Go to court. In the absence of management measures, contact the court, referring to article 304 of the Civil Code "Protecting the rights of the owner from violations not related to deprivation of possession".

Neighborhood fence falls on your territory

It’s one thing when delicious neighbor apples fall on your plot. And it is quite another if you look sideways or practically lay down on the beds of someone else's fence.

According to the Code of Practice, the external boundary of any structure on the site should not extend beyond the boundary of the site itself. This requirement applies to the fence, which is installed either on the border of the site, or directly on the territory of the owner.

Ways to solve the problem:

  • Hint a neighbor to the need for repair. Talk to your neighbor about repairing the fence. Maybe he does not even realize that his fence spoils someone's mood. You also have the right to back up a collapsed fence on your part, or to move a completely fallen fence to a neighbor's plot.
  • Write a complaint. If a neighbor does not intend to repair the fence, write a complaint to Rosreestr. State the essence of the claim, provide information about the site (cadastral number, area and location), as well as indicate the person who violates your rights. If the inspector confirms the fact that the fence has really glanced in your direction, the culprit will be brought to administrative responsibility, and he will be fined.
  • Go to court. To do this, you need to make a claim demanding to remove obstacles relating to the disposal of their property, referring to the Civil Code of the Russian Federation.

Neighbor got into the habit of putting cars on the road in front of your house

Imagine the situation: a bunch of relatives and friends came to your barbecue neighbors. Everything is on the machines. Put all the cars in the garage or on the site did not work. And guests without a twinge of conscience parked the transport right in front of your house ... You can be patient once. But what if the gatherings are repeated often and to contemplate other people's cars from the windows you do not like?

Unfortunately, the law is not on your side. According to the Land Code of the Russian Federation, the streets and driveways are public lands and cannot be privatized. That is, everything that is located abroad does not belong to you, and you do not have any rights to these lands. It is possible to prohibit parking only if the car is placed directly near your gate or gate and interferes with the passage / passage to the site.

Ways to solve the problem:

  • Ask not to put the car so close to your home.. Remember, no one is obliged to meet you in this situation.
  • To put a question at a meeting of owners. For cottage villages with a general meeting of owners there is an opportunity to discuss the problem and make a unified decision on the rules for locating cars on the common carriageway and on sidewalks.
  • To call the police. This option is allowed only if the car creates an obstacle to exit / exit.

Are changes planned?

The code of rules "Planning and development of the territories of gardening (summer) associations of citizens, buildings and structures" is an updated version of SNiP 30-02-97 with the same name. The document was updated in 2011. At the same time, the norms themselves concerning the distance between buildings remained unchanged.

From January 1, 2019, a new federal law for gardeners of July 29, 2017 No. 217 “On the management of gardening and gardening by citizens for their own needs and on amending certain legislative acts of the Russian Federation” will come into force. The legal act establishes that the marginal parameters of the permitted construction of buildings and structures on garden plots are determined by the town planning regulations. That is, all regulations will be contained in local land use and development rules. Traditionally, rules are transferred to these rules from the same SNiP.

Certainly, certain changes and amendments may appear in the document. However, it is unlikely that anything will drastically change in terms of the minimum distances between buildings in neighboring areas.

When building a suburban area, as well as when breaking down a garden, violations are found very often. But not every case ends with a trial or enmity for centuries. Keep friendly relations with those who live nearby, and then most of the problems can be solved in a peaceful way, or even close their eyes to them.

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