Those who have already purchased their own house in a village or holiday village know that you need to choose not only a plot, but also neighbors.
After all, sometimes an old woman who looks like a harmless dandelion can turn out to be an enthusiastic scoundrel, and a neighbor who promises to look after your site in the absence of the owners may take away a couple of dozen bricks that are unclaimed, in his opinion, as a reward.
Often, neighbors believe that since you have purchased a plot of land and have just arrived in a new place, then you must adapt to those around you and agree with everything. Of course, you cannot indulge everyone without exception to the detriment of your own interests. However, if you want to live in peace and avoid clashes with neighbors, it may be worth paying attention to the most common causes of conflicts and adjusting your behavior. After all, objectively speaking, you, without wanting it yourself, may well become a source of stress for your neighbors.
Problems with neighbors
Advice from lawyers:
1. Problem with neighbors in a communal apartment.
1.1. There is no such special corpus delicti or administrative offense. It is considered an ordinary everyday conflict; you can appeal any specific actions in civil law.
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2. I have a problem with my neighbor, you see, I listen to music loudly, what should I do?
2.1. Listen to music on headphones.
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3. Problem with a neighbor in the person of three people who broke the gate on my property.
3.1. Good evening Dmitry, I advise you to contact the local police department with a written statement regarding this fact, the local police officer will conduct an investigation and bring the perpetrators to justice in accordance with current legislation. Good luck to you.
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3.2. Contact the police to report hooliganism on the part of a neighbor and causing property damage. The police will conduct an investigation and establish the presence of guilt and corpus delicti. If the initiation of a criminal case is refused, then you can file a claim in court in civil proceedings for compensation for damages. In this case, you will have all the evidence thanks to a police check.
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4. We decided to buy part of the house with a mortgage. The shares are allocated, each owner has ownership rights to his part, there are no problems with the house itself, but the land is in shares. 2/3 of the owner from whom we want to buy a house and 1/3 of the neighbor. Will Sberbank approve a mortgage for this property?
4.1. Find out in SB. Who on the site will give you a guarantee?
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5. Neighbors rent out an apartment to men who work on a rotational basis. In the situation with the corona virus, the apartment is rented out as a quarantine apartment and the tenants change there every 2 weeks. While in quarantine, during these 2 weeks the men drink alcohol and behave very noisily and sometimes inappropriately. How to solve this problem?
5.1. Hello, please contact the local police officer.
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6. We were paid a deposit towards the purchase of a plot of land. However, the buyer changed his mind about buying it after he went to look at it without us. The fact is that a neighbor came out and slandered the buyer that our documents were drawn up illegally and after the purchase he would have problems with those who allegedly had the right to a share of this plot by inheritance. Tell me, is it possible to recover something from a neighbor in court, for example, for slander and loss of a buyer?
6.1. Good afternoon, it is impossible to collect anything. Even if you see information discrediting you in your neighbor’s words, it is still your witness’s testimony against him.
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6.2. Hello Anastasia If this is really a deposit, then if the transaction does not take place due to the fault of the buyer, the deposit remains with the seller.
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7. We live in a private sector... the neighbors raise livestock, the stench is impossible. Where to go with this problem.
7.1. — Hello, dear visitor to the site, please contact the prosecutor’s office with a complaint or the city (settlement) administration. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
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7.2. Hello! Sanitary standards and rules may have been violated - therefore, to the SES. Code of Administrative Offenses of the Russian Federation Article 6.3. Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population 1. Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population, expressed in violation of current sanitary rules and hygienic standards, failure to comply with sanitary, hygienic and anti-epidemic measures, shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from five hundred to one thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. And to the prosecutor's office. There they will check the legality of livestock breeding in the city, albeit in the private sector. Good luck!
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8. I live in the private sector, my neighbor, right next to my property, built a huge hangar about 5 meters high and is going to repair cars there, he is already knocking from morning to evening every day, despite holidays and weekends, what laws he is violating, and Where should I go with this problem?
8.1. Good afternoon, Maria Borisovna! He violates a number of laws: most likely by engaging in illegal business activities, also violating the provisions of Federal Law 7, etc. To start, contact the prosecutor's office and local authorities.
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9. In the common corridor, there are a bunch of wires hanging along my door; when I contacted the housing office, I was told that this was my problem and I had to solve it myself with my neighbors. Where should I go next to have these wires removed, where should I complain?
9.1. Complain to the housing inspectorate.
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10. We want to rebuild the garage into a new workshop with a gable roof! There are documents for the garage, but the problem is that one side of the roof will be on the neighbors' property. Could this cause problems?
10.1. Of course they can, precipitation from the roof should not fall on the neighbor’s property, ask him for notarized consent.
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10.2. Yes, they can because The neighbors’ territory is their territory and you need to coordinate with them in this case the reconstruction of the roof.
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11. My neighbor installed an air conditioner 3 floors above. Now its evaporator is dripping onto my windowsill. I contacted him 3 times with a request to solve the problem, but everything remains only a promise. What are my actions?
11.1. Complain to the housing inspector.
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11.2. Hello, RINAT. Invite a representative of the management company and record this fact, and then contact the Housing Inspectorate.
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12. I live in my sister’s apartment, pay all the bills (my sister is the owner and lives in her 2nd apartment). In general, we have problems with our neighbors (they don’t give us a place in the common storage room) and I would like to get a place there as I have lived for many years. The management companies are resolving the issue, but very slowly. And so I’m not registered here, but I live here, I want this storage room too. I would like such an agreement that I have the right to solve such problems. My sister doesn't want to interfere.
12.1. A power of attorney from a notary from your sister and act on her behalf.
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13. A year ago we bought a house with maternity capital, and now the neighbors demand that we dismantle the garage because it supposedly stands on their territory. The people from whom we bought the house did not say that they had problems with their neighbors. The other day, both we and our neighbors completed land surveys, while the documents are not yet ready... what should we do...
13.1. Good afternoon Wait for the results of land surveying.
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14. The apartment above me was empty. After the owner made renovations, noisy tenants appeared there. Then we moved out. Next, she asked the owner not to accommodate “night residents.” But again there is noise: you can hear conversations, laughter, movements around the room, sounds of furniture, slamming of the balcony door. Makes it difficult to fall asleep. Please tell me how to solve the problem. With neighbors and noise.
14.1. Contact your local police officer first. Next to the court with a claim.
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15. A neighbor hangs an air conditioner in his place, now the falling drops from his air conditioner hit the top of my air conditioner. There is a loud noise in the room, it’s impossible to stay in, besides, water is flowing through my air conditioner unit, the window glass is wet, and the outer wall of the house is also wet. What measures can be taken? The neighbor refused to poison this problem. Thank you for your help.
15.1. Good afternoon Apply to the HOA (UK). The Criminal Code has the right to state that air conditioners already placed on the load-bearing structures of the house violate the rights of citizens and are subject to dismantling, which should be reflected in the minutes of the general meeting of apartment building owners. If the owner refuses to dismantle the air conditioner, the management company has the right to go to court with a demand to remove obstacles to use (Article 304 of the Civil Code of the Russian Federation, i.e., the obligation of the defendant to dismantle the installed equipment.
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16. I have the following question: the neighbors in the dacha on both sides filled up their ditches to drain water. My plot between them is now The ditch is constantly filled to the top with water, it’s blooming, it stinks, the frogs are gone. The neighbors are not making contact. They say solve your own problems. Who can I contact regarding this issue?
16.1. Good evening, if you have an SNT, then you have the right to file a complaint with the chairman about taking measures and the obligation of the neighbor to clean the ditch, and with a claim against the neighbor, if the neighbor voluntarily refuses to clean the ditch, you have the right to go to court to remove obstacles to use a ditch, since your right is being violated, water does not flow from your site into the ditch, the consequences of waterlogging of the territory or to the district police officer about bringing administrative responsibility, but first, to the administration and find out whether the ditch is located on land that belongs to the municipality.
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16.2. To SNT to the chairman. You can call the SES.
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17. I am registering ownership of an apartment in a 2-apartment building. The land has been owned since 2003. The lawyer who deals with the registration has missed all the deadlines. He explains that the neighbors have a problem with the land, the house is for two, the order is like this, wait.
17.1. You need to know specifically what the problem is; no one will guess. And on the land, how is the property registered, in shares or does each plot have a separate land survey.
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18. The neighbor in the country plays music loudly. There are songs with obscene words. Now, in the context of coronavirus, many people live in the country with children and elderly people with health problems.
18.1. Hello) Please contact the local police officer with your complaint.
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18.2. Two administrative offenses at once - playing music loudly. There are songs with obscene words
... Report it to the police, and after the initiation of the adm. case, go to court with a claim for compensation for moral damage.
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19. I need legal advice due to the fact that smoking neighbors live above me and all the smoke is coming towards me, I have health problems, how can I hold them accountable.
19.1. If neighbors smoke in their apartment or on their balcony, then nothing can be done here. If they smoke in common areas (on the staircase, next to the elevator, etc.), you can contact your local police officer with a complaint. Smoking in common areas in apartment buildings will result in a fine.
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19.2. Good afternoon It will not be possible to hold people accountable. You can try to seek compensation for moral damages.
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20. Five years ago, my son became the owner (from his grandmother’s house) under a gift agreement. A year before, a neighbor connected to a water well located on his property with consent (we don’t know whether it was written or oral). Every summer we have a problem: there is not enough water. There is also a septic tank on our site, we pay for its pumping. How to properly disconnect neighbors from water and septic tank? And can we do it?
20.1. Good afternoon. It all depends on how the connection was made. Previously, there was a rule under which the water utility connected neighbors to the tie-in point if they had their consent; this was all prescribed in the technical specifications for the connection. If this was the connection option, then you cannot disable them yourself.
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The neighbors claim that we flooded them. The plumber called and the emergency crew on our side did not find the problem.
There was a problem with noisy neighbors. But not in a residential area, but in a country house.
The problem is the following: we bought a plot and it is the first of the second line of plots,
Gardening. The neighbor built a house next to the plot and is going to put up a solid 2-meter fence.
A neighbor built it right next to the fence of my property (distance no more than 50-70 cm)
The following problem has arisen. We inherited a house, which is located on a plot of land and is in common shared ownership.
How can you deal with neighbors living on the floor below? They open the window on their loggia and smoke (without exaggeration)
I live on the first floor, and a neighbor on the second floor has built a vegetable garden under the windows,
We have a two-flat house with a shared septic tank. There are 4 people living in our neighbors, two in our half.
My bike was stolen, I was hanging out with a friend for his birthday and I had a little too much, in the morning I discovered the bike was missing, how do I contact the police?
In July 2020, in our absence, the upstairs neighbors flooded our apartment. I arrived almost a month after the flood.
What problems may arise with neighbors and ways to solve them
No one is immune from problematic neighbors. When choosing an apartment to rent or buy, people do not always pay attention to their neighbors, and it is impossible to understand at first glance that neighbors will cause problems. What cases happen in the practice of housing disputes and how to deal with them?Systematic noise after 11 pm. Everyone has holidays and gatherings until the night with loud music. One-time cases can be forgiven, but if this happens systematically, then we need to deal with it. The law stipulates that the noise level from 11 pm to 7 am should not exceed thirty decibels. The first thing to do is contact your neighbors and talk to them about the problem. If this does not help, more stringent measures are needed - call the local police officer. The district police officer, in turn, will issue an administrative fine to the silence violators.
Use of public space for other purposes than intended. Such places, according to the Housing Code of the Russian Federation, include the basement, common balcony, staircase. Often neighbors use the landing exclusively for their own use - they put a bicycle, a stroller, boxes that occupy the entire space. Or a basement, which can be forced with conservation and others. It is necessary to require neighbors to share, equal use of common places in the house. If they refuse, it will be legal to contact the Ministry of Emergency Situations, since the lack of access to any elements in the house does not correspond to fire safety.
Failure to comply with the rules for keeping pets in the apartment. There are cat and dog lovers everywhere, but they need proper care. If the neighbors have a large number of pets and do not take care of them - there is a strong smell coming from the apartment, meowing/barking is constantly heard, then this is a reason to contact the sanitary and epidemiological services. In this case, it will be effective to collect signatures from all residents of the entrance. As a result, the owner of an apartment with animals will receive a fine, and the pets will go to a shelter.
What grounds are needed to evict a neighbor through court?
Court is a last resort. You need to turn to her only when none of the more loyal methods (talks, fines, visits from the local police officer) have helped. It is worth noting that the owner cannot be evicted in this way; this only applies to those renting an apartment. Valid grounds for eviction through the court are:
Large debts in payment of utility bills (no payment for six months or more).
Constant noise that violates the neighbors' rights to peace and quiet. Repeated cases must be recorded by the local police officer.
Use of the apartment for purposes other than its intended purpose - regular meetings of questionable persons, organization of a brothel.
Intentional damage to housing that poses a threat to the lives of neighbors. For example, redevelopment that does not comply with safety regulations.
To go to court regarding any of the above problems, you need to collect a package of documents: a claim with a detailed statement of the problem that has arisen, written complaints against the tenant, documents confirming the right to own the apartment. This is the minimum that is required. The more documents are collected against a disruptive tenant, the greater the chance that he will be evicted.
When should you sue the neighbors of an apartment building?
Living in an apartment building sometimes causes certain troubles, thanks to the neighbors. To eliminate the unlawful actions of neighbors, you have to resort to legal action with them. When should you sue the neighbors of an apartment building?
- If the neighbors flooded and refuse to voluntarily compensate for the damage caused . Damage may include damaged repairs, as well as damage due to flooding of valuables
- If neighbors disturb the silence due to noisy parties, repair work, which leads to disruption of sleep and peace and, as a result, can lead to health problems. In this case, you should be guided by periods of time when it is necessary to maintain silence. Such periods are established by each subject of the Russian Federation
- In a situation where the neighbors carried out an uncoordinated redevelopment , which in turn led to destruction in the neighbors’ apartment, since load-bearing structures were affected, a disruption in the operation of engineering systems, etc. In such situations, they go to court with claims to declare the redevelopment illegal and obligated to eliminate the violation
- If neighbors have animals in the apartment that pollute the landing , unpleasant odors penetrate from the apartment to the neighbors, as well as various sounds, which disturbs the silence, and a legal dispute may also arise. In addition, neighbors' pets can behave aggressively and cause harm to the health of both children and adults, as well as to property that is left on the landing. In such situations, neighbors also have the right to go to court with a claim for compensation for damage caused, moral damage, etc.
- In the case of a neighbor appropriating a part of the common territory , i.e. fenced off part of the entrance, staircase, or simply occupied a similar area, storing their belongings on it, or fenced off part of the land plot, these actions can be challenged in court. A person can apply to the court with a claim to eliminate violations by the relevant person, to vacate the site, etc.
- Land disputes may also arise in apartment buildings . Of course, such disputes most often occur among neighbors of suburban real estate, however, they are also not excluded between neighbors of several apartment buildings or an apartment building and a private house, if residents of one house seize part of the land of another house and in other situations
- If one of the neighbors decides to organize a home business that violates the rights of people living next door, then, taking into account how the rights of neighbors are violated, you can also file a lawsuit. In this case, it should be remembered that, as a general rule, citizens have the right to carry out certain types of activities at their place of residence, but not all
- There are situations when individual residents of a house “clog” parking spaces in the common area of the house by installing various chains, poles, and other means that prevent parking. In such situations, the legality of installing such obstacles to parking must be clarified, and, if necessary, filing a lawsuit against persons who have arbitrarily seized public territory
- A barrier may be installed at the entrance to the courtyard of an apartment building ; a resident may be restricted from entering the territory due to the fact that he does not pay money for the barrier or for some other reason. In this case, the rights of the resident are violated and he has the right to go to court with a claim to dismantle the barrier, if it was installed illegally, to eliminate violations of his rights to enter the yard
- In the event that a meeting of residents is held in the absence of one of the residents who was not properly notified, or other violations occurred during the general meeting of residents , a person may file a lawsuit to challenge such meetings.
Conflict situations may also arise due to smoking on the staircase, due to illegal rental of housing, etc. In such situations, you can probably file a lawsuit in court to seek compensation for moral damage if it is caused, but, as a rule, , violators can simply be brought to administrative or criminal liability at the request of neighbors.
