Regardless of the current exchange rate on world stock markets, real estate is currently considered the most valuable property. In each Russian region, the value of land is quite high, and therefore not everyone can afford it for personal use. All land owned by the state and located within it is registered with the State Property Committee and is a very important economic resource. Unauthorized seizure of common land is punishable by various sanctions. However, many citizens do not understand that such a system of land accounting and control is an important link in the country's economic policy, and therefore they independently illegally dispose of state (municipal) plots. By the way, unauthorized seizure of land according to Art. 234 of the Civil Code of the Russian Federation may have a certain algorithm of actions regarding registration.
Some allow even more - they seize parts of allotments of their neighbors or use the territory belonging to the state in order to make a profit.
Unauthorized land seizure - what is meant by it?
The use of a land plot of his own free will, which does not belong to the person who has occupied it, is only a general description of the information contained in Art. 7.1. Code of Administrative Offenses. There are a large variety of special cases considered individually:
- Use of land that belongs to an individual, another natural person, or unauthorized unauthorized seizure of land by a neighbor. Typically, such situations occur due to the prolonged absence of the land owner: enterprising neighbors will want to take advantage of this, hoping to bypass responsibility. Also, the cause of litigation in such cases is often the incorrect installation of a fence between land plots, whose borders are set by cadastral passports.
- Use of land by a legal entity in an unauthorized manner when it belongs to an individual. This situation does not mean that someone else’s store or any enterprise will be built on this site. An entrepreneur who has seized the lands of private owners may well use them for warehousing materials, equipment or for garbage disposal.
- Unauthorized seizure by an individual of a site that belongs to a legal entity. Such cases are quite rare, because each entrepreneur tries to protect the acquired territory immediately after its purchase.
- Unauthorized use of a land owned by no one by a legal entity or individual. Such situations arise most often, because violators think that they will not be held responsible for the unauthorized seizure of land. I must say that such "no man's" land plots on the territory of our country are certainly state property, and therefore can not be used by either a citizen or a guest of the Russian Federation, unless this has been previously agreed upon with state structures.
By the way, registration of unauthorized seizure of land 234 GK has multiple options.
What responsibility is assumed?
It is well known that any administrative offense necessarily entails administrative and material liability. For unauthorized seizure of land, liability is determined by article 7.1.Administrative Code of the Russian Federation, if someone else’s allotments are used in the absence of documents confirming this right (for example, a lease agreement, etc.). To start the proceedings, the fact of the offense itself is sufficient. A petition to the court can be filed by all owners of the plots (both legal entities and individuals) that were seized by unauthorized persons. If an offense is discovered by third parties, their duty is to notify the owner of the land data occupied by outsiders, or contact the authorities represented by various institutions. The true owner of the captured disputed plot, which has the documents issued, may present the violator with any requirements that are provided for in the above article.
Requirements for the unauthorized owner
Two main requirements, the application of which is possible depending on the desire and needs of the owner:
- Bringing the land allotment in its original form by an unauthorized invader of possessions. In such a situation, any changes that were made during the unauthorized use of someone else's site should be eliminated within the time limits established by the court. Buildings must be demolished or erected, which is provided for in other articles of the Code of Administrative Offenses of the Russian Federation, corporate or personal property should be removed from this land.
- Forced seizure of the offender’s immovable and movable property, which is located on the seized plot of land, in favor of its owner, which may be both an individual and a legal entity.
What affects the size of the penalty?
To find out more about the system of fines, you can read the law on unauthorized seizure of land by third parties. The size of fines is influenced by factors such as:
- whether the cadastral value of the seized allotment is established;
- who the offender is.
Amount of sanction
Unauthorized seizure of the land is punishable by a fine in the amount of from one and a half to two percent of the cadastral value of this plot or has a certain range, determined by the size of the territory that was illegally used. In those situations where the cadastral value of the allotment has not been established for any reason, the amount of the administrative fine depends on the category to which the offender belongs:
- individuals pay from five to ten thousand rubles;
- officials - from twenty to fifty thousand;
- legal entities - from one hundred to two hundred thousand rubles.
No amendments were made to the law, and the fine for unauthorized seizure of land was also not changed. Section 7.1. has legal force in the consideration of any cases of administrative offenses in this area.
So, summarizing all of the above, we can give the following recommendations useful to any owner of the land:
- the owner has always been right in such litigation and debate;
- the landowner has the full legal right to request in court that the captured plot be restored to its original form by the violator;
- if such offenses have been identified, then you must immediately contact the competent authorities for help;
- depending on the owner’s desire, all buildings located on the site without his knowledge can be transferred to him in undivided possession and registered on this territory.
Claim
Prior to filing a claim, any citizen can put forward an initiative to register ownership rights for unlawful use of a piece of municipal land. Usually, in the absence of a contradiction in land registration to the urban planning regulations, the administration can meet the citizens who have applied to it.
After a claim for the unauthorized seizure of a plot of land, either sent to the head of the local administration, or to a special land management department of the executive committee, it must be considered.Based on the facts stated in the claim, an administrative check is carried out on this violation. For this purpose, a special commission is assembled, consisting of competent employees, determined by a special order. The result of the survey is the preparation of the act and its signature by all members of this commission. The inspection act may become the basis for obtaining an opinion on the offense, or the case will be referred to court.
Features of the design of cuts
It can be said that almost any land owner during land surveying can arrange a cut, which should not exceed ten percent of the total land area. In order that there was no unauthorized seizure of land, the cut-off must be drawn up correctly. First of all, the following is required:
- land must be abandoned;
- the main plot should be owned by the person;
- changes in the area of the land plot are recorded in cadastral records;
- Tax Inspectorate notified of a change in land.
Going to the administration is the first thing
The fact is that the land owned by the municipality (and therefore state) is not allowed to be used illegally and without making the payment established for use. The administration, if possible, will draw up all the required documents and give consent to establish the right to legally use the land to the interested person.
When using the additional land area, it is necessary to apply for the provision of this share of the plot to the head of the district administration.
Arbitrage practice
Cases of violations of borders by neighbors are relevant for judicial practice. If a seizure of part of the land by the boundary was determined or building codes were violated, then the courts undertake to eliminate the violations and are punished with a fine. And what a fine for an unauthorized seizure of land - again, the law decides.
If the land was arbitrarily seized, then this is subject to liability. But in the event that this person tries to eliminate the violation before the claim is made through the registration of this site or its release, then punishment can be avoided.