Land disputes

What is happening

A survey has revealed that the plot's boundaries in the register overlap the neighbouring plot or run straight through a building. Sometimes this is a register error, sometimes a genuine dispute about where the boundary lies, and that determines the remedy.

A company owns a building on leased municipal or state land and wants to buy the plot or extend the lease. The authority refuses, citing the permitted use, the size of the plot or restrictions on its transfer.

The plot is needed for public purposes, or a land inspection is under way alleging unauthorised occupation or use contrary to the designated purpose. Here it is essential not to miss deadlines and to understand exactly what is alleged.

What the law says

• The Land Code sets out the types of land rights and the procedure for granting state and municipal plots on lease or into ownership, including without auction to owners of buildings standing on the plot.
• Boundary data is entered in the register on the basis of a boundary plan. A register error is corrected under Federal Law No. 218-FZ of 13 July 2015 "On State Registration of Real Estate" on the right holder's application, or by court decision where the correction affects the rights of others.
• A dispute between neighbours over the location of a boundary is resolved by a claim to establish the boundary. The key evidence in such a case is a land survey expert report, so the questions for the expert are worth thinking through in advance.
• A refusal by an authority to grant a plot, approve a plot layout or extend a lease is challenged in court: companies and sole traders go to the commercial court under the Commercial Procedure Code (APK), individuals proceed under the Code of Administrative Court Procedure. In both cases the time limit is three months.
• Compulsory acquisition of a plot for state or municipal needs follows the Land Code, with compensation paid in advance. The amount can be challenged by submitting your own valuation.
• The Code of Administrative Offences provides for liability for unauthorised occupation of land and use contrary to its designated purpose; inspections are carried out under Federal Law No. 248-FZ of 31 July 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation".

What we do

• We analyse the title documents, the history of how the plot was formed, the register data and archive material.
• We work with cadastral surveyors: commissioning reports, checking boundary plans and framing questions for the expert.
• We apply to Rosreestr to correct errors and challenge suspensions and refusals.
• We litigate disputes over boundaries, ownership, leases, easements and interference with use.
• We challenge local authority refusals to grant plots, extend leases or change the permitted use.
• In compulsory acquisition we check the procedure, assess the compensation offered, and negotiate and litigate over the amount.
• We prepare objections to land inspection reports and appeal penalty rulings.

What we will need from you

• Register extracts for your plot and the adjoining plots, and the title documents.
• The boundary plan, diagrams and surveyors' reports, if any.
• Correspondence with the authority, Rosreestr and neighbours, and any refusals and notices received.
• Photographs and a description of the actual boundaries: fences, buildings, access roads.
• The land lease and proof of payment, if the plot is leased.
• Inspection reports and orders, if the dispute started with an inspection.