Garden partnerships, the lands of which are located next to major cities, are increasingly endangered. Who are raiders and how to deal with them? How to protect and not lose your country plot?
Garden partnerships, the lands of which are located next to major cities, are increasingly endangered. Who are raiders and how to deal with them? How to protect and not lose your country plot?
The plot of land can cost millions or not cost almost nothing, but to be a lounge piece for raiders.
Cases of life
The imperfection of the current legislation, inertness and ignorance of laws by members of the horticultural partnerships led to the fact that there are more and more likely in judicial practice against the so-called raiders (this term is still not legalized). How to figure out what to consider grip, and what not? Consider several life situations.The most common case: geodesists in the shooting process find out that the actual borders of the station differ from the garden partnership designated in the plan. Dark riders divids? No, just the natural relief of the terrain changes over time, and the neighbors agree on the transfer of fences (forgetting when selling the plot to warn about it a new owner), or the survey was mistakenly carried out.
Next situation: the lands were needed by the state to expand urban areas, the construction of industrial or other objects (for example, LEP), and was announced to buy out. We invest in a country house and a plot of soul, and the authorities can offer us only despicable dennaunks - what justice is we talking about? But still the state does not pick up the site, but bounces it, at least the proposed price does not correspond to the labor costs of the gardener.
Another example: Around the artesian well, drilled and decorated with gardeners, a fence suddenly appeared, and for the use of it (conditionally free, because the service for the service was already stuck to membership fees) now it is necessary to give a round sum. And the money is collected "in the envelope", and not transferred to the bank account, as it should be. You do not want to pay - stay without centralized water supply.
Another story: in the long-standing partnership, membership fees near the major city were suddenly began to increase, the fee, gas, garbage removal, etc. Rising tariffs was due to the advent of a new neighbor - a widely advertised village under the sonored name, for example, "Country Paradise" . For a couple of years of members of the horticultural non-commercial partnership (SNT) with experience, they simply survived, and the earth was burned under lower prices. Then all the houses disappeared from the face of the earth, and at the SNT place there was a typical cottage village "Country Paradise - 2".
The last two cases are typical examples of the intervention of "garden raiders" into the life of the partnership.
The main rule of the gardener: to the ground and the buildings located on it it is necessary to issue documents confirming the ownership, the originals of which should be kept by the owner. All those wishing to familiarize themselves with the documents should be shown by copies, if necessary, they can be given to the Board of SNT
Typical schemes
So, the raidness is unfriendly (that is, against the will of the owner or co-owners) the absorption of lands of the garden partnership, usually using any preferential position, such as powerful powers in relation to land plots.
The criminologists allocate "black" (implementing the power of capture), "gray" (apply formally legal actions in combination with illegal methods) and "white" (existing strictly within the law, but against the will owners) raiders. When attacking the SNT, "gray" schemes - power grip, complex multi-way combinations, legal tricks are not needed in such cases.
Lawyers dealing with raider captures distinguish two main schemes that are used against SNT. The first is associated with general lands and abandoned areas. Despite the so-called law "On Country Amnesty", it is quite difficult to arrange documents for ownership of land on land and buildings. The cost of services of intertime and difficulties, inevitably emerging in the process of registration of cadastral documents, led to the fact that many country communities still use the general plans of the time when the Earth was highlighted. Over the past period, the border changed, the neighboring collective farms-state farms-enterprise enterprises also conducted an intertime or leased part of the territories, so now SNT can take "not his" ownership.
In addition, there are problems with the documents for the land, which was issued by collective farmers, - in the early 1990s there were temporary testimonies on the shared ownership of all the farms acting before issuing a permanent document to each owner. However, when changing registering bodies (land committees, cadastral chambers, registration chambers), which was transmitted to the function of maintaining the register of rights to land, confusion arose, and information on the right of ownership and owners was partially lost.
Thus, if the boundaries of the SNT are blurred and cannot be confirmed in documented, it is possible with certain firms to get the ownership of land on land, from a legal point of view of those who are drawn (this applies to abandoned sites, return which can be returned to the court). The local administration is entitled to allocate an overlooking land to those who offer the plan for its development and improvement than the raiders enjoy.
The second scheme works especially well where there is a displeased chairman or board. It is them that are visited by lovely people who allegedly represent the local administration, or the initiative group that arose within the partnership (although it usually leads the person from the side). The proposal sounds tempting: create a new partnership, and we will help re-register documents, and then organize a friendly team with a waterproof and a gas column in addition, reduce contributions and construct roads. As a result of general use land turns out to be one of the sole ownership (for example, a member of the most initiative group), but for some reason no contributions are reduced.
General use land in the CNT should also be decorated legally, and in the statutory documents it is necessary to register the procedure for making any decisions regarding these areas. All objects on such land valves must be registered in the relevant authorities.
Preparation for capture
Almost always there is an opportunity to track whether the seizure of gardening is not being prepared, because such absorption occurs in stages and requires long-term preparation.Rate the geographical location of your SNT and its neighbors. Partnerships, the lands of which are located near a major city or an attractive tourist object, a picturesque reservoir, first of all suffer from garden raiders. In such cases, it does not matter that, for example, a racing trail built in a semi-kilometer from summer cottages - the most powerful source of noise, first of all it is a source of income, because the race love many, and there are practically no hotels around the race.
Pay attention to land owners. Young members of partnerships usually immediately make out all the required documents, do not scare them to get the cadastral passport. But the elderly gardeners often do not want (and can not) issue a certificate of ownership, hoping that they are only enough for them. Raiders will not be difficult to obtain documents for such sites.
Check out the question: Do you know the charter of your partnership? Not the Chairman, not members of the Board in the person, but the text of that document, on the basis of which you are combined into horticulture. Most often, summer residents know the Chairman, an accountant, an electrician, and with the charter are usually not familiar, although its positions should be constantly in public access.
Another nuance - how friendly SNT lives. Any invader will need information first-hand, and therefore someone will definitely ask something, to know, look for disgruntled, asking to assess the quality of management of IT.D. If all decisions are accepted together, members of the partnership are going to discuss important issues, there is the possibility of monitoring the implementation of decision-made solutions and consumption - the danger is minimal. But if financial flows are not transparent, the risk of absorption is great.
Usually about the preparing "coup" testifies to the emergence of an initiative group from among those who do not go to meetings, and about the country contributions and other payments regularly forgets. Oddly, these people most often know the long-being forgotten and, it would seem already allowed contradictions, which are nevertheless able to divide the partnership on opposing groups. Their goal is to conduct an alternative assembly, the result of which will be the change of Chairman, Board and Charter. If this happened, then the government legally crossed to a person acting in the interests of the raiders
.
Alarm symptoms
1. - In SNT, many land plots, the ownership of which was not documented. - general land lands are not decorated in the joint property of the gardeners. - According to the Charter, the chairman of the partnership may solely make a decision on their fate.
2. The modest partnership appeared "wealthy neighbors" - cottage villages, shopping centers, fashionable wellness centers.
3. Representatives of a certain public organization for the protection of gardeners are held meetings (often secret) with individual members of the partnership and propose to enter into their ranks, issue membership cards (or "gardener cards"), which give breathtaking benefits and discounts in construction stores and cafes Ice creams in the district. It is only one thing - on time to give them documents to a country site.
4. "Good Samaritans" from a commercial organization, "current on behalf of the local administration", help to issue documents for general land, and in response there are a minor service - work on the improvement will hold exactly what and "very, very cheap."
5. "Only what-created-because-unknown" company is ready to take on maintenance of a power grid or quickly pave a gas pipeline at a very favorable price, but only subject to the transfer of ownership of these communications, and gardeners will receive electricity or gas at a low price . 6. Abandoned areas (they are practically in any partnership) began to be interested in foreign, and not members of the SNT, who seek to expand their put on, or their familiar and relatives who wish to acquire land in the already famous "guest raids" of the place.
Medicine from fear
It is necessary to fight with the capture, even before the appearance of the slightest signs. Of course, you are unable to stop the construction of a large entertainment center next to your favorite river, but you can become an active member of the treacherous community.
First, try to take part in the life of the partnership. Much depends on the Chairman or Board, but also the ordinary gardener is able to make an initiative - inform SNT members, for example, by e-mail about changing payments and electricity tariffs. The mailing should be duplicated in the print: information is worth accommodating near the house of the Storam and the store - the centers of public attraction of any village.
Secondly, read the charter and find out how decisions are made about the fate of the common property. Inconsider to make items to the Charter, limiting the possibility of one-time decision on the alienation of public facilities by the Chairman or the Board of the Partnership. Such powers should only belong to the general assembly of gardeners.
Thirdly, make documents to your site, help make the same elderly SNT members.
Fourth, participate in the work of the audit bodies, check the quality of the preparation of general meeting protocols - otherwise they can always add the necessary phrases.
If the capture still happened, do not despair. There is a possibility to defend their rights by contacting the court. A collective claim is a good tool, but also a dozen individual lawsuits will help.
Measure with lawyers, and not in regional borticulture, but in the city, to minimize the risk of appeal to the side interested in an undesirable outcome of the case. Get ready for a long trial - "treatment" of the launched "disease" can be long and extremely unpleasant. If you assume the possibility of a forge (falsification) of documents, report it to law enforcement agencies, but remember: no one has canceled the responsibility for the obviously false denunciation. Most likely, you will have to go around a number of instances and visit many court sessions.
Finally, notify the public - write to thematic forums on the Internet, to local newspapers, to the society of gardeners. Public resonance is a powerful lever of influence in the case of Rider capture.
Even if the raiders support local authorities, remember: in accordance with Art. 249 of the Civil Procedure Code of the Russian Federation, when applying to court with a statement about challenging decisions, actions or inaction of officials, it is on them the obligation to prove the legality of the decisions taken.
