Can neighbors arrange a garden under the tank. The adjacent territory of an apartment building - how to properly dispose of it? What is considered the adjoining territory of an apartment building

Legal advice:

1. A neighbor, without my permission, plants a vegetable garden under my windows in a two-bed apartment building. How to deal with it.

1.1. A neighbor, without my permission, is planting a vegetable garden under my windows in a two-bed apartment building. How to deal with it.
A person whose right has been violated can resort to his self-defense, corresponding to the method and nature of the violation (Article 14 of the Civil Code of the Russian Federation). The possibility of self-defense does not exclude the right of such a person to use other methods of protection provided for in Article 12 of the Civil Code of the Russian Federation, including in court.
Within the meaning of Articles 1 and 14 of the Civil Code of the Russian Federation, self-defense of civil rights can be expressed, inter alia, in the influence of a person on his own or in his legal possession of property. Self-defense may also consist in influencing the property of the offender, if it has signs of necessary defense (Article 1066 of the Civil Code of the Russian Federation) or is committed in a state of extreme necessity (Article 1067 of the Civil Code of the Russian Federation).

Did the answer help you? Not really

2. A neighbor organized a vegetable garden under the window is it legal?

2.1. If it is documented that this is your land, then it is illegal, you can contact the district police officer or write a statement to the police, let them deal with your neighbor.

Did the answer help you? Not really

3. Who has the right to plant a vegetable garden in the local area and under whose windows?

3.1. tenants with the consent of the majority of owners of MKD.

Did the answer help you? Not really

4. Low-income family, I and two children live in an apartment. Two storey building on the outskirts of the city. I voluntarily built a fence under my window and planted vegetables. Equipment arrived and everything was demolished. Not allowed. So where can we ask for a small piece of the garden? It's difficult without him. Why are we not supposed to do anything anywhere? No child allowance has ever been received. There is no certificate of alimony. Alimony has never been received since it does not work. We have no relatives either. there was joy, cucumbers and tomatoes, but not supposed to.

4.1. So you bother the bailiffs on alimony. You yourself dropped your hands and let it go.

Did the answer help you? Not really

5. I live on the first floor, and a neighbor from the fourth floor has planted a garden under my windows. Does he have the right to do so?

5.1. Since we are talking about an apartment building, the land plot on which such a house is located and which is intended for the maintenance and operation of the house is the common property of the owners of premises in an apartment building and questions about how this plot should be used should be decided by a general meeting of owners. If there was no decision of the general meeting allowing the use of certain parts of the land plot for vegetable gardens, then the actions of the neighbor are illegal.

Did the answer help you? Not really

6. What to do with a neighbor, she constantly swears at my children, brings garbage to us under the door, beer cans, and so on says they supposedly throw this garbage in the yard. And recently I told my daughter, 6 years old, that he would poison our cat if he went to her garden, which is located under our windows, we live on the first floor. Tell me how we should be?

6.1. There are several ways. You need to act all at once.
1. Install a video surveillance system and for each fact of illegal actions of a neighbor, write a statement to the police, attaching a video.
2. Find at least 1 bruise or abrasion on the child (children love active games), remove the beatings and go to the police again with a statement that the neighbor has harmed the child.
These measures will temper the ardor of the inadequate neighbor.

Did the answer help you? Not really

7. The question is this. We live on the ground floor under our windows there is a small vegetable garden used by a woman from the next entrance from the 2nd floor. We have a cat, he sometimes goes out of the window for a walk. She told my daughter, 6 years old, that if he once again entered her territory, she would poison the cat and that we would live without a cat. Tell me how to be.

7.1. I think that with such an attitude it will not be superfluous to intimidate your neighbor by contacting the police. And for one thing, tell her that the article on cruelty to animals still works, and it is precisely the fact that the killing of an animal can have a traumatic effect on the mind of a child (no matter which one), and is one of the main circumstances for arousal criminal case. And yet, this can be qualified as damage to personal property, which can also entail certain legal consequences ...

Did the answer help you? Not really

8. MKD 2-storey. A neighbor above me is planting a vegetable garden under my windows, she won't let me, she said, I'll trample. What to do?

8.1. Olga!
And on what land terms did you purchase an apartment in the MKD?
You can divide the land plot in proportional shares in accordance with the number of apartments in the house. To do this, file a lawsuit in court and contact land lawyers.

Did the answer help you? Not really

8.2. According to Art. 36 of the RF Housing Code, owners of premises in an apartment building own common property in an apartment building on the basis of common share ownership, incl. and the land plot on which the house is located. A share in the right to common property in an apartment building cannot be sold, donated, pledged, allocated in kind, - it has no other purpose than to ensure the normal operation of the house. Not a single court will divide or allocate such a share. To begin with, contact your management company in writing, you can call the UIM, you can also go to court to remove the obstacle to the use of the land plot.

Did the answer help you? Not really

9. Tell me, can I terminate the contract of purchase and sale of a house under maternity capital? Such a situation: the seller's mother-in-law used to live in the house we bought. She is not even registered here, but according to her, she lived in this house for many years and she did everything, and she built all the buildings and inserted windows. She walks almost every day and takes something from the garden, says that she will sort out her buildings. We did not agree with the seller about this. What do you advise?
Thanks in advance!

9.1. You have every right to call the police and not let this lady into your territory. As soon as she approaches the house, do not let her in until the use of force (not exceeding the limits of the home defense). And it will be difficult to terminate the monetary policy on this basis.

Did the answer help you? Not really

10. I have 2 questions. 1 - under the windows of a 5-storey building, a neighbor fenced off a significant place for her gardens. In the event of a fire, it will be impossible for cars to drive up. Where to go in order for her to clean her garden? 2-at each entrance in our house, there is a room for strollers. One of the owners put the door on her own and keeps her shovels and garbage there. The stroller has to be dragged to the 5th floor. How to solve this problem, and where to go?

10.1. Go to court with a claim to remove obstacles to the use of property at home. On such issues, there should be a decision of the general meeting in accordance with Article 44.46.48 of the RF LC. if not, it is illegal.

Did the answer help you? Not really

11. we live in a barrack-type house, all apartments are privatized. Our land is located under the windows of our neighbors. In the spring, the neighbors want to make the foundation and want to cut our fence (mesh) to make it easier to make. The offer to just go into our garden and do all the work is refused. They just want to remove the fence and threaten that they will do it themselves. Do they have the right to do this? And where will he turn to protect himself from impudent neighbors? Thank you.

11.1. If the land is formalized, land surveying has been carried out, there is a selection in nature, then their actions are not lawful. You have the right to put a fence along your border.
Complain to the police, the prosecutor's office about arbitrariness.

Did the answer help you? Not really

12. My half of the house is from the side of the street and neighbors from the side of the garden can the neighbors park their car under my windows.

12.1. Andrey, good afternoon! The location of the residents of the house does not matter. It is prohibited to park a car under the windows of a residential building. In addition to the very fact of setting under the windows, there is most likely a drive onto the lawn. Warn your neighbor about the fact of bringing to administrative responsibility. Will not help take pictures and send to the traffic police.

Did the answer help you? Not really

12.2. Most likely, in your question, we are talking about a land plot on the territory of a private household, which is in shared ownership. You can determine the procedure for using the land plot and then the dispute will be settled. However, for a more complete consultation, in relation to your situation, you need to familiarize yourself with the documents. My details for communication on the site and under this answer.
Glad if my answer was helpful to you.

Did the answer help you? Not really

13. Tell me, is there a law on a sanitary zone (I mean a meter under the windows of a private house for maintenance of the foundation)? The police said that there is no such law for a long time and we have to pay neighbors to approach their windows (they have a vegetable garden there. We do not have land surveying)

13.1. Indeed, there is no such law. But the easement, in the form of such a limited right to use someone else's land plot - if not otherwise agreed, will always be paid. See Art. 273 of the Civil Code of the Russian Federation.

Did the answer help you? Not really

Consultation on your question

calls from landlines and mobiles are free throughout Russia

14. I live on the first floor of a two-story stalinka. The house has 8 apartments. I bought the apartment in 2011, under the windows of the apartment, the former owners laid out a garden-vegetable garden, the plot is fenced. A neighbor from the second floor began to demand a piece of land under my windows. I do not want someone to walk under my windows, disturb my peace. What legal provisions can I appeal in a dispute with him? Thanks Tatyana.

14.1. All tenants have the right to use the common property of an apartment building, including the adjacent territory, on equal terms.

Did the answer help you? Not really

15. 1,100,000 rubles 2-room apartment on the second floor in a two-storey brick building, not expensive, 45 sq.m. there is a storage room, plastic windows, sunny side. Ryazan region, Sasovo, city center, a vegetable garden under the windows, a barn, well-developed infrastructure, kindergartens, a school. From the owner. Reasonable bargaining is appropriate.

15.2. Igor Ivanovich.
This is a legal site, you need another site where you can place your ad.
All the best.

Did the answer help you? Not really

16. please help with the question. Our window overlooks the neighboring courtyard in which he plants a vegetable garden ... it turns out he pours me under the foundation. I began to observe that my wall cracked. What to do? Do I have the right to prohibit him from pouring under the foundation?

16.1. And as if he pours you under the foundation, since there may be a crack on the wall for other reasons, try to talk to your neighbor, if he does not react, you can contact the local administration with a complaint.

Did the answer help you? Not really

17. We are a large family, today I watched through my window from the first floor as a neighbor from the next doorway chases our cat with sticks through her garden, which was laid out under our windows. My children saw it too, they felt sorry for their cat, he sometimes goes for a walk through the window. Tell me how you can punish her for this. Thanks in advance.

17.1. If she did not harm his health, only you cannot bring her responsibility, warn about the inadmissibility of such behavior and threaten and contact the police on the fact of Cruelty to Animals.

Did the answer help you? Not really

18. Please tell me. We are a large family, a year ago we bought an apartment on the ground floor, 3 large windows overlook the side where the owner from the next entrance did not want to give it to us right under our windows. It constantly bothers us that she walks under our windows, etc. Today I watched her chasing our cat with stones around the garden, he goes out for a walk through the window. Tell me how you can deprive her of the right to this piece of land. Thanks in advance.

18.1. I think you need to contact the city administration and find out on what basis it occupies this land! And there you have to think about how to appeal against Her actions. I doubt that anyone can legally plant a vegetable garden in the city. Good luck to you!

Did the answer help you? Not really

19. My mother lives in Sevastopol in an old Stalinist house on the 1st floor. She has a small plot of land under her windows, in which she, like a pensioner, plants her vegetable garden. Neighbors from the 2nd floor are trying to build an extension in the form of a structure instead of a balcony, and the piles that will hold the whole structure are dug under its windows. She of course resists as best she can, but does not know if she can privatize this site. Thanks for the answer.

19.1. For possible privatization, you need to contact the administration. But most likely this is a common land, here you need to look at the documents, before Sevastopol was part of Ukraine, there may be nuances.

Did the answer help you? Not really

20. Neighbors from the second floor park their car under my window. Everything would be fine, but the fence of my garden may fall at any moment, and it seems that I will have to answer. But how can I tell them to put their car under their windows?

20.1. Contact the district administration in writing with a complaint. There is no established template for the application. Written in free form with a statement and explanation of the circumstances of the case. From whom, your address and phone number, to whom (name or organization name, position), what, where, when, what you ask or what you want to know ... Date, signature.

Did the answer help you? Not really

20.2. I believe that in this case, an appropriate announcement should be made on the fence and well recorded. In the announcement, indicate that the fence is dangerous. In this case, you will absolve yourself of responsibility.

Did the answer help you? Not really

20.3. Anna! You can contact the traffic police with a complaint about parking in an unidentified place. In addition, you can write a written claim to the owner of the car demanding to remove his car from under your windows, if they do not do this, then you disclaim all responsibility for possible damage that may be caused to the car as a result of the fall of the fence. I advise you to contact the site's lawyers by personal mail, they will help in solving your problem, suggest ways and means of solving it, and draw up the necessary documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site's services!

Did the answer help you? Not really

21. I live in a village. The windows from my room overlook the neighbor's garden. A neighbor made a compost pit under my windows, close to my foundation. Are the actions of the neighbor lawful and what are the technical standards?

21.1. in accordance with the current legislation of the Russian Federation, indents from the boundaries of the site are provided only for buildings.

Did the answer help you? Not really

22. 3 rd year we cannot get the neighbor to clean the garden under her windows. Our windows are adjacent to her garden. We contacted the administration, she was fined, but she told us and the administration — you won’t wait. She fenced off the garden and hung up the castle. It is impossible to open the window - flies are flying. Our house is 18 apartments. She walks around laughing at us and at the administration, we can’t do anything with her. What should we do in this situation? Where else can I go?

22.1. There is actually only one way out - to go to court.
After the trial, it is necessary to obtain a writ of execution and submit it to the bailiffs.

Did the answer help you? Not really

23. We bought an apartment on the second floor in the 5th floor. There are fences under the windows. So it is possible? Firefighters, after all, a case of which will not arrive.

23.1. Timur
All these gardens and fences are most likely not officially installed and should not be.

Best wishes.

Did the answer help you? Not really

24. We live in a 5-storey building under our windows, we have vegetable gardens. Do we need to install metering devices for each vegetable garden or can we pay a tariff per hundred square meters? Is there any law to pay for a hundred square meters?

24.1. You must have an agreement with Vodokangal, which sets out the tariffs, including the irrigation area according to the standards. Contact Vodokanal

Did the answer help you? Not really

24.2. The land that you use, it most likely does not belong to you, it is municipal if I understood correctly you are not its owner, it means you don’t need to pay anything, you don’t legally grow your garden

Did the answer help you? Not really

The territories that are located in the immediate vicinity of apartment buildings represent property that belongs to all residents of this building at the same time.

But even in this article it is written that some act stating that this is the case should not be issued. Thus, the current legislation tells citizens that they can do whatever they want with this land, but within certain limits.

Another basis for the ownership of this territory can serve. It clearly states that such land plots and other immovable objects that are part of the house are automatically transferred to the ownership of the general share type.

All residents of the house have the right to it. And decisions about any actions with it should be made by all residents by voting. It should accommodate most of the residents living in the house.

Thus, based on all the provisions of the current legislation, which were given above, we can confidently say that to make the fence of the adjacent territory of an apartment building.

How to fence the adjacent territory of an apartment building?

As mentioned above, such a decision should be made by a certain assembly, which should consist of the overwhelming majority of people living in this house. At such a council, clear decisions should be made about how much land will be fenced off, what type of fencing will be installed.

Most of the controversy in such a situation usually arises around the cost of all work. Fundraising also falls on the shoulders of the residents of the house.

Often times, not all people want to invest in projects like this, and many of them don't even show up at meetings. That is why there are usually problems with collecting money.

Usually, the required amount is divided equally among all tenants, after which a collection is made... Many citizens will not want to give away their honestly earned money until they see a concrete plan for how all the work on the fence will be done.

Such a plan should be drawn up under the full supervision of the tenant meeting to avoid future problems. But for the direct preparation of such a document, it is better to hire a specialist and include the cost of his services in the total amount that will be required for the production of all work.

Further, you need to coordinate the construction of the fence with some government services, which such a construction may interfere with. This can be done by bringing the plan that was developed by the tenants to the representative of each of the services listed below.

If approval is received, then the building is considered legal. In addition, each representative should be asked to sign and stamp. This will serve as proof that the plan was seen and approved.

If the case goes to court, then you can avoid a lot of problems if you have a plan in your hands, certified by the signature and seal of each service.

Types of barriers

Devices of barriers to the adjoining territories of an apartment building are subdivided:

1. For structures that provide a complete ban on access to the territory.
2. On different structures that can provide a partial prohibition of access to the adjacent territory.
3. Constructions that can block access to some part of the territory. This type of fence is called target.

Agreement

After preparation, the plan for all work must be agreed with such services as:

1. Ministry of Emergency Situations, namely with the local administration of this service.
2. The police, represented by the leadership of the local branch.
3. With an ambulance service that works in the area.
4. With an inspection of the architectural and construction type.

Important. All these services should carefully study the plan and then affix their seal and signature. Thus, they will show that they do not mind the construction of such.

If the tenants do not take this condition seriously and do not coordinate their actions with the above services, then one of them in the future may be offended and go to court with a statement of claim.

If the tenants fail to prove that the work has been coordinated, then the judge will undoubtedly side with the plaintiff and decide to liquidate all the work performed earlier. In other words, everything that was built will be automatically demolished by a court decision, and the money that was collected from the tenant will be thrown to the wind.

As a result, we can conclude that no one forbids the residents to protect the territory on their own, and all their actions will be absolutely legal if they adhere to a certain procedure, which is spelled out above.

The services mentioned above can go to court not only because they are offended.

The fact is that they also have their own responsibilities and so that they can fully fulfill them in the fenced area, approval is required.

How to deal with illegal fence?

If the fences of the courtyard of an apartment building were installed inconsistently, then this action is considered illegal. They are fighting this very actively, and in order to deal with such an outrage you need:

To draw up an application, it is better to use the services of professionals, since legal literacy must be observed.

Conclusion

If there is a desire to protect an apartment building from uninvited guests, then it is better to immediately comply with all the formalities, of which there are not so many.

This will avoid many problems that may arise in the future.

Good afternoon. I would like to ask advice on how to act if our housing and communal services department is practically not doing its job? Thanks in advance for your answers.

1. The apartment in the house was purchased 13 years ago. For all 13 years, receipts were regularly paid, where there was a line "Maintenance / repair of the house". For 12 years, repairs have not been carried out even once. For all the questions to the representatives "And when?" they answered "No money!" Only when the question arose about changing the management company, Zhilischnik OJSC took mercy and painted the entrance. Please tell me, at what time interval should a residential building be repaired, what should be included in it and, if this did not happen on time or not in full, where to go?

2. At the request of the tenants, the house was insulated - from the outside of the house, the workers had to plug the cracks between the panels with a foam hose (I don’t know how to name the item exactly) and paint it. Walking with the child, I watched how the process was going: the workers in some places beat off the old paint and painted the seams again. Not a single worker has ever used a piece of Styrofoam anywhere. I informed the employee of Zhilischnik about this, who reassured me, they say, the work has not yet been accepted, we, of course, will not leave it that way. Nevertheless, no one else began to insulate or alter anything. Where do you need to apply and what documents to require - certification of receipt of a complaint or something like that?

3. 13 years ago, during the construction of the house, a playground was equipped near it. Now only rusty remains are left of it - all the wooden seats, the floors are broken, the paint has peeled off, the swing is broken, bent. Who should monitor its condition and how to get it repaired? And, by the way, are there any requirements for such sites - is it enough to pour a pile of sand so that housing and communal services can boast of an equipped site?

4. Our house is on the outskirts of the city. On the back side, under the balconies, along the house there is a small piece of land (5 meters wide), then a small sidewalk and further - empty land (20 meters), a line of garages and an empty field to the nearest village. The aforementioned playground is located between the sidewalk and garages. Enterprising neighbors took this land into circulation and turned it into their summer cottages. The land is completely fenced off, in some places it is just garden beds fenced with boards, a little further - full-fledged vegetable gardens, with a high fence and a single gate (so that you can't go further), greenhouses and greenhouses. The entire area around the playground is planted or fenced, a piece of land right under my balcony is planted with potatoes. Grandmothers water the whole thing with manure, so there is a specific smell on the site. As far as I know, this is a gross violation - the courtyard cannot be used in this way. You can plant flowers, but no agriculture, no fences, and even more so, no buildings. Am I right or not, and if this is a violation, where should I go so that this Smolensk "Rechnik" will be demolished?

Its square, boundaries and other characteristics must be reflected in the title documentation. Based on these parameters, the management company that provides housing and communal services in a particular house calculates the costs of utilities - electricity, garbage disposal and maintenance of cleanliness in general, etc.

If there are no documents for this site, and the rights to it have not been formalized in government agencies, then the costs of maintaining it are borne by the municipality.

His area is calculated with considering:

• The number of floors in the building.
• The number of lifts and public roads.

Improvement requirements are determined by the norms of a particular locality. The general regulations that apply throughout the country are established on the basis of sanitary standards.

Minimum duties are as follows:

• To carry out work on the construction of structures and recreation areas for children and adults. This also includes the repair of such facilities.
• Landscaping of the site and the processing of planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, mow, weed and perform other actions to maintain greenery in proper form.
• Allocate places for household waste, monitor their cleanliness and timely removal.
• Cleaning - Sweep the sidewalks during the warm season and clear snow during the winter.
• Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
• Arrange parking lots for vehicles.

As a rule, developers are engaged in carrying out one-time works. Homeowners in the house can independently determine who will be engaged in this activity and increase the list of work performed. With a competent approach to the management of the house and the adjacent territory, residents can reduce their costs and increase the comfort of living.

Rules for installing fences

Legality

First of all, the construction and use of fences is necessary coordinate with the administration.

Such plots can be fenced off, leased or used for commercial purposes. Fences can be installed around a specific area or facility.

Construction procedure

First there must be a meeting of residents, at which a decision will be made on the need to install a fence.

To the local administration a statement is being written with a request to give permission for the construction of a fence of a certain height and size. It will be necessary to provide a plan for the future facility, which must be agreed with government agencies. If no violations are found, permission is given to install.

Where to complain in case of illegal installation

If the fence was installed without the consent of the residents of the house, an application can be submitted to the administration, prosecutor's office, Rosreestr and other authorities.

Arbitrage practice

Most often, disputes between homeowners, HOAs and management companies arise because of the area of ​​the given territory. This zone in houses built during the Soviet era was later privatized for free by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of the SNiP on urban planning.

This leads to the fact that you have to find out in court what objects can really be located here, who is their owner and, therefore, who should monitor them.

Punishment for unauthorized increase in area

The area of ​​the measured plot attached to the house is registered with the accounting authorities.

Based on the results of surveying the adjacent territory, a plan of the object is also issued.

If these boundaries have been violated, this can lead to administrative or criminal punishment - a fine or other measure, determined depending on the very composition of the violation (boundaries were violated, incorrect information was transferred to government agencies, etc.).

For the adjoining territory of apartment buildings, see the following video: