Civil disputes often involve land. Most often, litigation occurs between neighbors or relatives. Practice shows that it is land disputes that are the most conflictual and protracted.
Necessary
- - documents for the land plot;
- - an agreement with a lawyer;
- - money to pay for services.
Instructions
Step 1
Collect and carefully read the documents that speak of your right to land. Lease agreement, gratuitous use, inheritance, etc. can contain many different nuances. And no lawyer can tell how real your chances are without examining the available papers.
Step 2
Contact the archive for the issuance of a certificate or archival documents confirming your rights. This is usually done by a department or property management committee. To spend less time and effort, first familiarize yourself with the regulations of this institution. There you can request copies of the certificate of state registration of the right to a land plot, lease agreements and additional agreements to them, court decisions, purchase and sale agreements, contracts for gratuitous fixed-term use of land plots, etc. After collecting evidence of your innocence, you can begin negotiations.
Step 3
Try to negotiate amicably with relatives or neighbors. Don't start a conversation with raised tones. Build the conversation so that you come to an agreement. Find an option that would suit both parties. Ask why they claim this piece of land, what are they going to do with it? Consider if there is another way to solve their problem. If you are willing to share something else, then perhaps the land will remain with you. Otherwise, you will have to defend your rights in court.
Step 4
Go to the arbitration court. In it, the parties themselves choose a judge from the available list. It is easier here than in other civil proceedings, the adversarial principle can be used. When making a decision, the main focus is on the terms of the contract and business customs. Cases are considered confidentially, decisions are not published. True, there is an ambiguous position of the Constitutional Court on the possibility of consideration by an arbitration court of land disputes. However, no prohibition has been introduced on such proceedings. Another thing is that, unlike courts of general jurisdiction, an arbitration decision does not oblige state bodies to register the right to real estate. But it can be the basis for registration.
Step 5
Contact a lawyer who specializes in land law if you go to a regular court. Of course, he will have to pay a fee, but he will help to deal with difficult cases and defend his rights in ambiguous situations. Land matters can be very confusing, and it is in these that the role of a lawyer can be extremely important.
