In a general sense, a dispute is a mutual claim of the parties (two or more) on one object. This conflict is eliminated through competition (upholding one’s own point of view, verbal proof) in the court of jurisdiction. The latter should be understood as a court. For example, one citizen needs to take measures to eliminate weeds in a neighboring area, because they began to infect vegetation on its territory. In this regard, he filed a lawsuit against the violator of the rules for combating harmful plantations regarding the reimbursement of expenses incurred. The defendant, however, refuses to comply with the applicant's requirements, since he believes that he should not spend money on weed control in that part of his plot that he did not use. In this case, both parties have a claim to the cost of expenses. Next, we will analyze what land disputes are. 
General information
Land disputes are the proof and discussion of one’s own rights to a land plot with the observance of the equal rights of all parties to the relationship before the law and certain procedural procedures. This or that conflict situation can act as an object. It is associated with the site, its size, borders and more.
Basic concepts
The subjects between which land disputes arise, except for the owners themselves, may be third parties (individuals or legal entities). A government or authority may be involved in conflicts. As a rule, land disputes are associated with the termination, amendment and occurrence of use rights. The subject may be a resolution of the executive body, to which a complaint has been filed by the owner of the site. Settlement of land disputes constitute a special legal relationship. They are regulated by the rules of arbitration and civil procedure, civil law. One of the main laws establishing the rules for the turnover of plots is the Land Code.
Classification
Claims may vary in different ways. So, there are the following types of land disputes:
- According to the object.
- By subject.
- In order of consideration and so on.
Provision of sites
Judicial practice in land disputes indicates a fairly widespread prevalence of claims related to obtaining territories for use. They are classified into the following types:
- On the issue of violation of the rules for the provision. When providing plots for the construction of facilities related to the environmental interests of the population, the resolution of land disputes in some cases is carried out at a referendum or in the course of discussion. This is indicated by art. 41, part 2 of the Law governing the protection of the environment. If the decision to provide land is made against the will of the population, then interested participants, through representatives or themselves, can directly contact the appropriate authority with a request to protect their rights. The winner of the competition for the organization of a peasant-farm enterprise also has the opportunity to make claims regarding the illegal allotment of territory to third parties.
- For border violations. Such land disputes arise if the service responsible for setting the limits made a mistake in the calculations when the land was granted to the property.As a result, part of the territory that already belongs to another owner was allotted. Also, such land disputes arise when one of the owners arbitrarily attached himself part of the neighbor’s area, blocked the passage, which is a common area, and so on.
Exercise of rights
As judicial practice on land disputes shows, this subject is also quite relevant today. In accordance with the law, the right to make claims can be both the owners and tenants of the territories, and those persons who use the land. The consideration of land disputes may relate to the following situations:
- Interventions in economic activity. The right to independently use the site is guaranteed by law and any restrictions are allowed only in cases stipulated by the law, if this is necessary to ensure environmental protection or preserve national security. The owner of the land can challenge the unlawful actions of a neighbor who, for example, by erecting an object on his territory obscures crops and thus reduces their productivity.
- Formation of interference from someone else that impedes the exercise of existing powers to order, possess or use the territory. For example, a factory was built near the horticultural partnership, the emissions of which prevent the owners of the land from growing organic agricultural products. In this case, the owners collectively or individually can submit claims to the enterprise’s managers to stop the release of harmful substances.
Land withdrawal
Disputes on this subject may arise in the following cases:
- Submission of illegal (or legal) requirements regarding the early termination of the lease in connection with the violation of obligations by the tenant. The latter has the right to prove, and the lessor, respectively, to refute the conformity or non-compliance of economic activities with the terms of the agreement.
- Making an illegal decision regarding the seizure of the site. For example, the local administration issues a decree on the allotment of the territory due to "irrational use". The land tenant has the right to prove the illegality of these claims due to the fact that there was no decrease in productivity, and measures to increase fertility were carried out on time and correctly.
Claims for damages
Obligations related to compensation for damage often arise in the implementation of land relations. Indemnification in turn, it can be caused by:
- By lawful actions. These include the seizure or temporary occupation of the territory, the restriction of the rights of persons who use the site, as well as the deterioration of soil quality, which does not contradict or is committed in accordance with the law. In this case, the courts should apply a special Regulation containing a number of restrictions on penalties. Also considered legitimate are actions in an emergency state. In this case, the procedure for resolving land disputes provides for the involvement of third parties in whose interests the causer of harm acted, imposing on them the obligation to compensate.
- Wrongful acts. In resolving cases in this category, general civil damages are used. They are provided for in Art. 1064 Civil Code. According to the regulations, the perpetrators must fully compensate for the damage caused in accordance with the characteristics of the objects that are damaged. For example, a citizen is the owner source of increased danger. He is obliged to compensate for the damage, regardless of whether he is directly guilty of this or not.
Jurisdiction of land disputes
According to the Resolution of the Plenum of the Armed Forces of April 22, 1992, authorized bodies can accept and investigate cases related to the circulation of the territory in which one of the parties is a citizen (except those engaged in commercial activities, including peasant farming), if The claim arose about their entrepreneurial activities, as well as the presentation of complaints by these persons on acts of local administration. The production of land plots for public and state needs, land grants, termination of property rights, leases, acquisitions and dispositions and other disputes, if enterprises and their associations, organizations of any form, including collective farms, as well as citizens carrying out independently commercial activities.
Complaints
In accordance with the aforementioned Decree, the courts are subject to complaints:
- The refusal to conduct registration and issuance by the appropriate administration of acts that must certify the ownership of the land, as well as concluded lease agreements.
- Owners and tenants on the recognition of invalidity of acts that are issued by state or other bodies outside their competence or with violations of the law.
- On the decision of local authorities on the provision of territory to other persons, which infringes on the interests and rights of the owner, protected by law. For example, by order of the owners, they lose the entrance to their plots.
Requirements
In accordance with this Decree, the courts are subject to the requirements of:
- About compensation for damage in case of illegal occupation of the territory, its pollution, damage and other violations.
- On the recognition of an illegal act, the refusal of local authorities to provide territory, including for the formation of peasant farming or personal farming, the construction of a house, for individual gardening and horticulture, mowing hay, grazing.
- On reimbursement by local authorities of the costs of improving the territory upon the voluntary termination of the right of unlimited inherited use and ownership. Along with this, the administration may sue for damage that is associated with deterioration of soil quality and damage to the site.
- On compensation for losses incurred as a result of exploration work.
- On establishing the pre-emptive right of inheritance to a site after the death of the head of a peasant-farm enterprise, for conducting personal farming, performing garage, summer house, housing, commercial activities, for livestock and gardening, and obtaining inheritance lease rights.
- On compensation for damage caused by redemption, seizure, temporary occupation of the territory for public and state needs, restriction of ownership, deterioration of soil quality due to influence caused by the functioning of organizations, institutions, enterprises or citizens.
Claims
In accordance with this Decree, the courts are subject to disputes between:
- Owners of individual residential buildings located in neighboring (adjacent) areas regarding the removal of obstacles to use, including cases of determining sizes and boundaries.
- The partnership and its members, between them directly, as well as between spouses (former, including) regarding the division of the site or determining the procedure for its use.
- The cooperative and its members, as well as the latter among themselves regarding the division or use of the site.
