On questions of readers “ a leah responds the lawyer Irina SergienkoNecessarily at official registration of papers to the earth to co-ordinate the statement with neighbours in a site? Also what to undertake in case they will refuse to sign it?
Yes, without fail it is necessary to fill the certificate of an establishment and the coordination of borders of the ground area. The certificate form typical, the form can be received in regional ground committee.
the certificate subscribes adjacent land users (neighbours) in ground area border, zemleustroitelem which spent works on mezhevaniju, and is assured by the signature and the press of the head of administration of rural district or the chairman of gardening fellowship if the site is in gardening fellowship.
at occurrence of dispute with neighbours and also in case officials refuse to sign the certificate, the applicant has the right to be converted into court (item 64 of the Ground code of the Russian Federation).
We on a summer residence with neighbours have constructed at joint expense a well which is on border between sites, but actually on our site. Relations at us kind, therefore no problems arise. But me have told that now we never can sell a site as neighbours use our site when take water in a well. It is valid so?
be not stirred, it at all so. You with neighbours in the agreement have established so-called servitut - when other proprietor has the right of the limited using another`s site. At desire you can register servitut in an order established for check in of the rights to real estate. But the most important thing - ground area burdening servitutom does not deprive of the proprietor of the rights of possession, using and the order in full. If you want it to sell, no obstacles to it will exist.
For the weekend visited friends on a summer residence. Sites there are located chaotically. Trying to reduce a way, I have passed, as was then found out, on another`s site. The furious woman has jumped out of a change house and has shouted at me. I have minded to it that here there is no fence, besides I did not trample down a bed. It is interesting to me, a leah obliges in any image the law of the proprietor accurately to designate site borders?
If the ground area is not fenced or its proprietor otherwise clearly has not designated that the input on a site without its permission is not supposed, any person can pass through a site provided that it does not cause a damage or trouble to the proprietor (item 262 ch. 2 Civil codes of the Russian Federation).