Igor Levenkov, Head of the Land Management Department of the Vitebsk Regional Executive Committee, answered questions from readers of "Vitebskiye Vesti" during a "hotline"
– Igor Ivanovich, what is the procedure for resolving land issues? Vyacheslav Savelyev, Vitebsk.
– Any conflict between subjects of land relations is a land dispute. The current legislation divides the resolution of such disputes by competence between the local executive committee and the court. In particular, only the court resolves issues related to the right of private ownership of land plots, their inheritance between participants in joint property ownership, between persons having capital constructions in common ownership, including disputes about the size of shares in the right to a land plot, etc. Land disputes not falling under the above categories are considered by local executive committees upon application from one of the interested parties, as well as based on information received by the local executive committee from a land management organization along with an act.
– Do I need to be present during the consideration of a land dispute that arose with my neighbor regarding the boundary of the land plot?
Angelina Yurievna, Ushachi.
– A land dispute is considered in the presence of interested parties, who are notified by the local executive committees about the time and place of the land dispute consideration no later than three days before its consideration. The case may be postponed if one of the parties fails to appear without written notification of the reason for absence. In case of repeated absence of one of the parties for valid reasons, the consideration of the land dispute is not postponed.
– Our plots in the horticultural cooperative are adjacent. My neighbor erected a fence on my land. The chairman of the cooperative said that to consider my issue, I need to contact the commission at the district executive committee. Is this true?
Stepan Fyodorov, Tolochin.
– Commissions have been established in local executive committees to resolve land disputes. These commissions prepare documents for the objective and comprehensive consideration of disputes (land plot survey reports, cartographic materials, and urban planning documentation). Based on the results of their work, the commission prepares a draft decision, which is submitted to a regular meeting of the executive committee. Each party involved in a land dispute has the right to review the materials, make excerpts or copies, submit documents and other evidence, file petitions, and provide oral and written explanations, which are recorded in the commission's minutes.
– Igor Ivanovich, and how soon will I be informed?
– Within 5 working days after the decision is made. A decision on a land dispute can be appealed to a higher executive committee or to court within one month from the date of receipt. An appeal suspends the execution of the decision.
– I have had title documents for my land plot for a long time, according to which a fence is erected. My neighbor doubts the authenticity of the documents. What should I do?
Vyacheslav, Glubokoye.
– If, during the consideration of a land dispute, it is established that violations of the law or technical errors were made when issuing the documents, then the land dispute can only be considered after the court declares the issued title documents for the land plots invalid.
– I have a plot in a gardening cooperative. I bought a house with a toilet from the previous owner. There were no boundaries between the plots. My neighbor claims that it used to belong to her.
Stepanida Mikhailovna, Liozno.
– Property matters are considered by the court. Each party must provide their evidence and confirm it with documents. Only then is a resolution of the land dispute possible.
– Two sisters inherited a house in a private sector in equal shares 18 years ago. One wants to sell her half, but there are no documents for the plot. What needs to be done to complete the transaction?
Olga Ivanovna, Polotsk.
– Before alienating a residential building, it is necessary to obtain a document certifying the rights to the land plot. You should apply with a statement to the local executive committee at the location of the land plot. The seller of a share is obliged to notify the other participants in writing of their intention to sell their share in the common property to a third party, indicating the price and other conditions under which they are selling it. Refusal of participants to receive the seller's written notification of the intention to sell their share is considered such notification. If the others refuse to purchase or do not acquire the share being sold in the common property of real estate within a month, and for other property – within ten days from the date of notification, the seller has the right to sell their share to whomever they wish.
– My grandfather's house in the village remained, where parents and children lived. The parents died, but neither of the sisters privatized the house and the land plot. An aunt from Estonia wants to do this. How can this be done and what needs to be done?
Svetlana, Ushachi.
– Grandfather's house in the village cannot be subject to privatization. Often, citizens mean obtaining a title document for a residential building and a land plot. In this situation, a land plot for servicing a residential building will be provided to the owner of this residential building, to whom the rights to the house have passed by inheritance. In any case, you need to contact a notary office to formalize the inheritance, and it is not yet known whether your aunt will have grounds to receive it. Decisions on granting citizens a land plot for servicing a residential building within the boundaries of a rural settlement are within the competence of the rural executive committee.
– At what distance from the neighbor's boundary can trees and shrubs be planted?
Ilya, Gorodok district.
– A detached residential building, a pond or a swimming pool should be located at a distance of at least 3 m from the boundaries of the neighboring plot, utility buildings, pergolas and gazebos not exceeding 3 m in height – at a distance of at least 1 m, enclosures with domestic animals – at least 4 m, temporary storage areas for building materials (not higher than 3 m) – at a distance of at least 1 m. Tall plants – 3 m, medium-sized (up to 3 m) – 2 m, low-growing (up to 2 m) – 1 m from the boundaries of the neighboring plot.
– What are the requirements for fences?
– The height of the fence is set at no more than 2 m, the degree of light permeability from zero to 100% along the entire perimeter of the land plot. Along the front of streets, roads and driveways between the sidewalk and the boundary of household plots, a strip of decorative landscaping of shrubs and trees can be formed, provided that sufficient illumination of the plots is ensured and regulatory distances to engineering communications are observed.
– I inherited a dacha with a land plot, for which no documents have been issued. Can I sell, gift, or bequeath my inheritance to another person?
Kristina, Vitebsk.
– A transaction with a garden house can be made if a document certifying the right to the land plot has been issued. If there are no such documents, then after the opening of the inheritance, the land plot will not be included in the inherited property. In order for the rights to the land plot to be transferred by inheritance, it will be necessary to obtain a title document for the land plot in the prescribed manner.
– My grandfather has a house with a land plot in the village, documents are not issued for either the house or the plot, although there are two sons. Who will inherit the real estate and land in the event of his death? What do you advise in this situation?
Vera Ivanovna, Chashniki.
– The land plot will be provided to those persons who will formalize the ownership of the residential building by inheritance, and then formalize the documents for the land. To do this, the heirs will need to contact the local executive committee.
– I live in a town settlement, I have a plot for growing agricultural products without the right to build real estate on it. Is it mandatory to obtain documents for this land? And what if I want to sell the plot?
Daria Timofeevna, Shumilino.
– A land plot can only be used on the basis of a issued title document for it, even if it is a small plot for a garden in a rural area. A land plot can be used for gardening only on the basis of a decision of the rural executive committee; no other documents are required. If you use a land plot without obtaining documents, such actions are qualified as unauthorized occupation of a land plot, for which a citizen can be brought to administrative responsibility in the form of a fine from 10 to 30 basic units. A land plot for gardening is provided only for temporary use and cannot be the subject of transactions, that is, it cannot be sold or gifted.
– I have a plot of land for which I have not obtained documents. There are no direct heirs. Can this plot be taken away from me?
Mikhail Smirnov, Beshenkovichi District.
– It is mandatory to obtain a document for a land plot; this title document is a certificate (attestation) of state registration of the right to a land plot. If it is not obtained, the land plot will not be part of the inherited property and will not pass to the heirs.
–I have a plot of land in a horticultural partnership. Documents are not processed. Do I need to do this?
Oleg Stepanovich, Vitebsk.
– Obtaining land documents is the duty of every member of a horticultural association, as stipulated by the Decree of the President of the Republic of Belarus of January 28, 2008 No. 50 "On Measures to Regulate the Activities of Horticultural Associations". It states, in particular, that citizens who were granted land plots for collective gardening before the decree, as well as those who acquired them through sale and purchase agreements, gifts, or other means not contrary to the law, and have not registered them in the prescribed manner, are obliged to do so. If unregistered land plots are identified, the local executive and administrative bodies within whose territory they are located shall send citizens a notice requiring them to apply for the issuance of title documents within one month. Failure to comply with this requirement is grounds for confiscation of the land plot.