If someone claims that your property does not belong to you, that someone wants to take it away. Are neighbors encroaching on your site, and you do not know what to do? You can resort to the help of the court by filing a statement of claim, or the prosecutor's office by filing a complaint there. Soon after, the state will come to your aid.
Necessary
- - The Civil Code of the Russian Federation;
- - Civil Procedure Code of the Russian Federation.
Instructions
Step 1
Carefully read the rules of the first part of the Civil Code of the Russian Federation, which contains article 11 on judicial protection and article 12 on how to protect your rights. It states that you can protect your property rights in any way not prohibited by law. Try to file a complaint with the prosecutor's office. They will take measures, and most importantly, they will not demand payment for this. When filing a statement of claim in court, you will have to pay a state fee, unless you can take advantage of benefits.
Step 2
If you decide to file a complaint with the prosecutor's office, then it is best to come to the district prosecutor's office and fill out your complaint in accordance with the model form. Then you can submit it either to the security guard or to a special box for receiving complaints from the public. Write briefly and clearly, only to the point. Prosecutors really don't like it when your story begins from birth in complaints. Shortly thereafter, usually within a week or two, you will receive a message about the action taken on the complaint.
Step 3
If you decide to use the help of the court, then carefully read the chapters on jurisdiction and jurisdiction in the Civil Procedure Code. Check to see if they are considering the cases you want to refer to. Then start writing a statement of claim, an example of which you can find on the Internet. Most often, two methods are used to protect property - vindication and negative claims. In the first, the court will oblige the illegal owner to return your property to you, the second will prevent any encroachment on it or prohibit other persons.
Step 4
Having accepted the claim, the court will offer you to decide the case peacefully. If the offender refuses, the process will begin. Collect as much evidence as possible of an encroachment on your property, ask neighbors and acquaintances to act as witnesses, collect written evidence (documents for property - checks, land purchase agreement, certificate of registration of ownership of the apartment, and so on). Soon, the court will rule in your favor, obliging the opposing party to reimburse you for the costs of paying state fees and lawyers.
