Court decision to clarify the location of the boundaries and area of ​​the land plot No. 2-4640/2017 ~ M-3921/2017


Claim for establishing the boundaries of a land plot

I am __________________________, I own a plot of land with an area of ​​___ sq. m. m., located at the address: ________________________________________ (category of agricultural land), cadastral number ______________, type of use: for gardening. The specified land plot was provided to me on the right of ownership as a member of the SNT MSU named after. ____________ “________”, in accordance with the Resolution of the Head of Administration of the ________ district “On assigning land to a gardening partnership” dated _________ No. ___, as well as the Resolution of the head of the administration of the _________ municipal district of the ________ region dated _________ No. ______ “On introducing amendments to the resolution Head of administration of _________ district" dated __________ No. _______. The area of ​​the land plot I actually use is _______ sq. m. m, which confirms the drawing of the boundaries of the land plot, agreed with SNT MSU. __________ "_________",. In order to register ownership rights to the land plot actually used by me, land management work was organized to establish the boundaries of the land plot. In accordance with Art. 68 of the Land Code of the Russian Federation, land management includes measures to study the condition of land, plan and organize the rational use of land and their protection, describe the location and (or) establish on the ground the boundaries of land management objects, organize the rational use of land plots by citizens and legal entities for agricultural production, as well as on the organization of territories used by communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation. According to Art. 69 of the Land Code of the Russian Federation, land management is carried out on the initiative of authorized executive bodies of state power, local government bodies, owners of land plots, land users, landowners or by court decision. When carrying out land management, the legal interests of persons whose rights may be affected during its implementation are taken into account by notifying them in writing by land managers no later than seven calendar days before the start of work. The absence of duly notified persons during land management work is not an obstacle to land management. Interested persons have the right to appeal against actions that infringe on their rights and legitimate interests in the prescribed manner. The land plot I use with an area of ​​_______ sq.m borders on lands owned by the defendant - the Forestry Department for the ________ region and the city of ________ (_________). In accordance with paragraph 3 of Art. 39 of the Federal Law “On the State Real Estate Cadastre”, coordination of the location of boundaries is carried out with persons who own adjacent land plots with the right of: 1. ownership (except for cases where such adjacent land plots, which are in state or municipal ownership, are provided to citizens for lifelong inheritable possession, permanent (unlimited) use or to legal entities that are not state or municipal institutions or state-owned enterprises, for permanent (unlimited) use); 2. lifelong inheritable ownership; 3. permanent (indefinite) use (except for cases where such adjacent land plots are provided to state or municipal institutions, state-owned enterprises, state authorities or local governments for permanent (indefinite) use); 4. lease (if such adjacent land plots are in state or municipal ownership and the corresponding lease agreement is concluded for a period of more than five years). The boundaries of the land plot owned by me, located within the lands allocated by the SNT MSU named after. ___________ “_________-” are agreed upon, with the implementation of the determination of turning points of the land plot, the coordinates of which are indicated and defined in the relevant drawings of the boundaries, as well as the executive drawing of the land plot, approved by SNT Moscow State University named after. __________ "_________". In order to change and harmonize the boundaries, I turned to the defendant with an application to harmonize the external boundaries. However, the Forestry Department for the ________ region and the city of _________ in a response dated _________. No. _______, indicated that I was refused approval for the location of the boundaries of the land plot, since according to the Federal State Unitary Enterprise “______________” (certificate No. ________ dated __________), the area of ​​the land plot owned by me is ___ hectares, and part of this land plot with an area of ​​____ hectares , is superimposed on the lands of the forest fund in quarter No. __ of the Podolsk rural district forestry of the Podolsk forestry. The Defendant’s refusal to agree on the boundaries of the land plot owned by me is unfounded, therefore, the dispute that has arisen regarding the size and location of this land plot prevents me from exercising the powers of the owner. During the ownership and use of a land plot with an area of ​​___ sq. m., adjacent to the SNT Moscow State University, which was given to me as a property. _________ "________" land plot with an area of ​​____ sq. m., I conscientiously fulfilled all the duties assigned to me by law, openly owned and used it, and, as already stated above, the boundaries of the land plot, both taking into account the area allocated to me as a property, and taking into account the land plot that I own in fact, agreed with the gardening partnership, which is confirmed by relevant documents and drawings. At the same time, a plot of land with a total area of ​​____ sq. m., I openly use, own, and also bear the burden of maintaining it for more than __ years, since ____. Consequently, I believe that the refusal to approve and establish the boundaries of the land plot on the part of the Defendant violates the current legislation, including depriving me of the opportunity to carry out state registration of ownership of the land plot. Thus, there are grounds to satisfy my claims to establish the location of the boundaries of land plot No. ___, with an area of ​​____ sq. m. m., located at the address: __________________________________________, cadastral number ____________ In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits. In this regard, _________ rubles must be recovered from the Defendant in favor of the Plaintiff - payment for legal services, which is confirmed by the receipt of the lawyer's education. Based on the above, in accordance with Art. Art. 209, 234 Civil Code of the Russian Federation, Art. 100 Code of Civil Procedure of the Russian Federation, -

1. Establish the location of the boundaries of land plot No. __, which belongs to me by right of ownership, with an area of ​​____ sq. m. m., located at: ____________________________, SNT Moscow State University named after. ________ "_______", cadastral number ____________. 2. Determine the location of the boundaries of a land plot with an area of ​​___ square meters. m., adjacent to land plot No. __, located at the address: ___________________________, near the village ___________, SNT Moscow State University named after. _________ "________", cadastral number _______________. 3. To recover in my favor from the Forestry Department for the ___________ region and the city of _________ legal costs associated with the provision of legal assistance in the amount of __________ rubles.

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