Land owned by the state is registered with the State Property Committee. They are an important economic resource. Not everyone understands that land accounting and control is an important part of state policy. There are cases when unauthorized occupation of the land occurred. There are also such violations when people seize the territories of neighbors or use state property for profit. Responsibility for violations of law is provided for in the Code of Administrative Offenses of the Russian Federation.
General information
Unauthorized occupation of a land plot is an administrative offense. It is characterized by an attempt on property, which may belong to:
- to the state;
- the municipality;
- right holder of property;
- organization or enterprise.
A person who does not have the right to use and dispose of the occupied territory commits such actions. In Art. 7.1 Administrative Code refers to the unauthorized occupation of the land. Responsibility involves a fine. According to its norms, any territory of the earth has a master, therefore, anyone can not use it. If the property is not registered to a citizen, then the state is considered its owner.
Section 7.1
Unauthorized occupation of the land is an illegal operation. A person cannot use it if he is not his property. Fines are imposed for unauthorized occupation of a land plot. If the cadastral value is established, then citizens will have to pay 1-1.5% of this indicator, but not less than 5 thousand rubles.
Officials are required to pay 1.5-2% of the cadastral value, but not less than 20 thousand rubles. Legal entities are required to contribute 2-3% (at least 100 thousand rubles). If the cadastral value is not established, then citizens will have to pay 5-10 thousand rubles, officials - 20-50 thousand, and legal - 100-200 thousand. Therefore, under such an offense, the norms of Art. 7.1 Administrative Code "Unauthorized occupation of the land."
Capture Options
Unauthorized occupation of the land is different. A gross violation is the creation of a capital structure. Such cases are common. The actions of such people are not understandable, since they do not have much chance of legalizing the building. But in identifying such a case, a fine and the liquidation of the structure are imposed. Demolition of the object and bringing the territory to its former state is carried out at the expense of violators.
Cases with garages are common, especially with those whose construction was prior to the new legislation. Until the Law on Property was introduced, municipal plots located near residential buildings were built up with unlawful objects. Usually these were garages and outbuildings.
Over time, some were demolished, while others were privatized. Some objects are still considered unauthorized buildings. If there is an unlawful structure in the municipal territory after registration of the right to an object, it is possible to obtain a land plot for use.
In addition to the above situations, there are other violations (seizure of sites):
- on the land adjacent to the site through its processing and use;
- failure to comply with the rules of indentation from linear objects;
- warehousing of material outside its territory;
- violation of boundary lines in relation to neighbors;
- loss of old-style documentation on the operated territory.
Claim
Every citizen can get a municipal territory for use. If allowed by the urban planning regulations, then the administration usually approves such appeals from citizens.
A claim for such an offense is sent to the local administration or land management department. It is considered by specialists. If violations have indeed been identified, then the Code of Administrative Offenses of the Russian Federation provides for liability on a common basis.
Based on the facts, an administrative check is carried out. To do this, collect a commission of competent employees, appoint it by order. As a result of the event, an act is drawn up and signed by all persons. The document serves as the basis for issuing an opinion on the offense or referring the case to court. And there, too, the norms of the Administrative Code on unauthorized occupation of a land plot are taken into account.
If you disagree with the decision of the commission, it is possible to challenge it in court. It is allocated 10 days from the receipt of the act. Such a right is provided by law.
Cutting
Each land owner, when performing a land survey, has the right to register a cut-off no more than 10% of the land area. How to do this so that there is no unauthorized seizure of the territory?
To do this, you need:
- so that this part is abandoned;
- that the site was registered in the property;
- indicate changes in the area of the territory in the cadastral record;
- notify the tax service of a change in land area.
Territories that are the property of the municipality are prohibited from being used illegally and without a fixed fee. The administration can draw up documentation and provide the right to use the site. If additional space is used, then you need to contact the administration with a statement on the need to allocate this part.
Land for parking
Usually, with the construction of new buildings, parking spaces are created that are intended for use by residents. Other persons are not entitled to this territory. But now there is a lot of controversy over parking spaces. For example, what to do to people who came to visit in their car? They have the right to park in the common area, as this is due to the persons to whom they arrived. Such use is not systematic.
If the land has 2 owners, then they should use the adjacent territory equally. One can have several cars, and the other, for example, does not have transport. But the second can not use the site at his sole discretion. Then he can file a claim because of the seizure, if the other owner occupies more than half of the land for parking. Then it is also assumed administrative responsibility for the unauthorized occupation of the land.
Criminal liability
Criminal liability is imposed for this offense. Although unauthorized occupation of a site in Russia is not directly considered a crime, but if the process is connected with another criminal act, then there will be a punishment under the Criminal Code of the Russian Federation. This is due to fraudulent activity. According to Art. 159, imprisonment of up to 2 years is supposed if a person participated in this alone. And 6 years is assigned for a group crime.
Criminal liability is provided for special crimes related to violation of the rules for the sale of real estate. If during self-capture there was an illegal registration of a transaction by substituting false information in boundary documents, then this will be a crime.
Problem solving
If a person has discovered a seizure of his land by another person, then the actions should be as follows:
- Need to contact the invader. You can file a written claim with proof of transfer (for example, a postal notice). The parties can decide everything on their own: arrange land transfer or agree on compensation.
- If no response has been received or the violator does not wish to compensate for the damage, then it is necessary to contact the competent authority. This may be Rosselkhoznadzor, Rosreestr, Rosprirodnadzor.
- If the decision is made, it is necessary to file a lawsuit with the demand for the return of property, recovery of losses.
- Sometimes surveying or verification of information in the USRN regarding the boundaries of the site is required. This is necessary to determine the type of capture, since it can be not only illegal, but also legal.
If the land of a state or a municipality was seized, then you can redeem it. But not all territories can be transferred into ownership. This is sometimes prohibited.
Consequences of self-capture
By law, the invaders:
- They cannot conclude real estate transactions. Land will not work to sell, give, bequeath.
- They are obliged with the first demand of the owner to free the territory. This also implies the destruction of any economic results for which there was no permit. If the illegally constructed buildings are not demolished, then the owner can attract authorities for this.
- Obliged to pay the owner the assigned amount if the plot was used to make a profit. Under civil law, the owner is entitled to compensation.
Even if the invader has contributed funds to improve the territory or build facilities, he cannot claim reimbursement of expenses.
Arbitrage practice
For unauthorized occupation of the land, court decisions are different. Nevertheless, for many years there has been a practice that is taken into account in such situations. Many citizens complain about border violations by neighbors. In case of such an offense, the court obliges to terminate this act and imposes a fine.
There are situations of territory capture by enterprises. Such acts are considered illegal. If the person occupied the site, but eliminated the violation, then punishment can be avoided. When occupying the site, you need to contact a professional. In this area, there are many different documents operating at the federal, regional, local levels, so it will be difficult to independently understand this situation.