The concept of "negative claim" has been used since the days of Roman law. Its name is derived from the Latin word negaterius - "negative". At its core, it is a requirement to third parties - the court - to remove obstacles to the owner of the property in the use of this property or to eliminate violations that prevent the plaintiff from exercising his owner's powers.
Features of a negative claim
The owner of the property submits a negative claim in the event that the violation of his right to exercise the owner's powers does not deprive him of his right to possess it. The definition of this concept is given in Article 304 of the Civil Code of the Russian Federation, which describes how an owner can protect his rights from violations not related to deprivation of ownership.
You must have a reason to file a negative claim. These are your verified ownership and proven circumstances that prove you are being hindered from doing so. In this case, the subject of the claim is the owner experiencing obstacles. Any other person who legally owns the property - the tenant or, for example, the one who owns it on the basis of economic management, operational management, etc.
A person who violates the rights of the owner without legal grounds is the subject of the obligation. The object of the statement of claim is the elimination of this offense, which at the time of filing the claim was still ongoing. Since the violation was not resolved at the time the claim was filed, a negative claim has no statute of limitations and can be filed at any time while it is still in progress.
The object of a negative claim can also be the prevention of a potential violation of the right of ownership, if there is such a threat. This can be, for example, when a building that is planned to be erected on a neighboring site will block the passage to your site or in some other way interfere with the use of the property.
What to write in a negative claim
The address part of the negative claim is written in the same way as in the general case: indicate the name of the court, the last name, first name and patronymic of the plaintiff, his place of residence and place of permanent registration. The address part also contains the data of the defendant: last name, first name and patronymic, place of residence and registration. Write the price of the claim, indicating the amount in rubles.
The title of the document should indicate its type: "Statement of claim on the establishment of violations not connected with deprivation of possession (negative claim)." In the introductory part, describe the property to which you are hindered, including the address, cadastral number, the method of acquiring it, how long it has been in your possession. After that, state your grievances: when and how violations of your property rights are manifested. Please note that these violations should not be combined with a loss of ownership. Please indicate the amount of damages caused to you as a result of these misconduct.
In the final part of the claim, state a request to the court: to oblige the defendant to eliminate the violations and compensate for the damage caused. Give a list of persons that the court can call as witnesses, and give a list of attachments - documents that you present as evidence. Attach a receipt for payment of the state fee and a copy to the application for presentation to the defendant.
