Sample claim for non-obstruction in the use of residential premises. Dispute about moving in and not obstructing the use of residential premises (based on the judicial practice of the Moscow City Court)

Claims for non-obstruction in the use of residential premises are among the most frequent disputes in the field of housing law. Forced flatmates deliberately damage common property, create unsanitary conditions, change locks, “forget” to give new keys, or constantly provoke conflicts. As a rule, it is practically impossible to resolve such a dispute peacefully: real battles sometimes occur between owners / tenants of housing, with fights and calling the police. The only way to achieve justice in such a situation is a lawsuit. Moreover, such statements often come with other requirements, for example, on the allocation of shares or on the recognition of property rights upon inheritance.

Evidence is everything

Emotional statements and verbose descriptions of the situation are not considered by the court as evidence. On the contrary, they may exacerbate the situation by forming a negative impression of the plaintiff. Therefore, before filing a claim, it is worth fixing the facts indicating that you are not allowed into the apartment or create unbearable living conditions.

Evidence includes:

appeals to the district police or to the police;
calling the emergency response team to open the front door;
drawing up an act stating that access to housing is closed (the document is drawn up by the management company);
pre-trial request to eliminate the violation (sent by registered mail);
testimony of neighbors on the site and entrance.

The most effective measure is to call the police. Representatives of law enforcement agencies cannot move you into an apartment, but they will collect materials reflecting all the circumstances of the conflict and receive testimonies from its participants. As a rule, in the end you will be denied a criminal case, but you will receive the necessary evidence.

Arbitrage practice

In claims for non-obstruction in the use of residential premises, the courts most often take the side of the plaintiff. The outcome of the case may be:

agreement on the procedure for the use of residential premises (if it has not been concluded before);
allocation of a share in kind (if there is such a possibility);
conclusion of separate agreements with management company(section of personal accounts);
payment of compensation (if the claimant's share in the common property is insignificant);
a decision to evict third parties from the premises (if the room was rented out or given for temporary use to strangers);
the decision to vacate the premises (if it was filled with someone else's furniture or littered).

An important role is played by the basis on which you are in the apartment. Thus, the procedure for using the premises cannot be established in housing occupied under a social tenancy agreement. This item is relevant only for shared ownership.

Services of a lawyer in housing law

In such housing disputes, defendants often file counterclaims - for example, to recognize the opponent as having lost the right to use housing or to evict. The justification is that the plaintiff left of his own free will, did not participate in the payment of bills, did not appear in the apartment. In such a situation, it can be difficult to protect your rights, especially if you do not have knowledge in the field of housing law and are in difficult relationships with your neighbors.

Save your time and nerves - put the case in the hands of experienced lawyers. Already at the first consultation, our specialists will objectively assess your situation and offer several options for action. Call us - we will definitely help!

Often disputes regarding real estate arise between family members or neighbors. One party, being the owner, co-owner or third party, interferes with the lawful use of the apartment by the other party. In this case, you will have to write a statement of claim for non-obstruction in the use of residential premises. When compiling it, you need to remember a lot of nuances.

A property owner may obstruct a tenant or other person legally using the property. If the house or apartment is in shared ownership, one of the parties sometimes changes the lock without the consent of the other party, or creates other conditions under which ownership of the premises is difficult. Neighbors can also influence the rights of owners, but this is one of the simplest cases.

In each specific situation, you will have to prove not only the existence of obstacles, but also your own right to use real estate. You will need to collect documentary evidence, referring to the norms of civil and housing legislation. In addition to removing obstacles, the appeal may require determining the procedure for using housing.

Features of the consideration of the application

In order to competently draw up a sample statement of claim for non-obstruction in the use of residential premises, you need to know what nuances the judge pays attention to. These features include:

proven violations of the rights of the owner or legal owner committed by the defendant - they are recognized as a weighty basis for satisfying the claim;
the judge may oblige the defendant to eliminate the consequences of the violations committed by him at his own expense, if asked to do so in the application;
when determining the procedure for using housing, the court will take into account the actual procedure, even if it does not correspond to the shares of property owners;
if the tenant (plaintiff) is absent from the apartment for a long time, the reason must be indicated, and if it is related to the obstacles established by the owner, the court will rule in your favor;
when no acceptable reason for absence is provided, claims will be denied;
in the judiciary, the duration of the plaintiff's residence in the property, the presence of his things there, confirmed payment of expenses for the maintenance of the apartment, etc. are taken into account.

Moreover, you need to know exactly how to correctly present your requirements in the petition. After all, the judge cannot appoint more than what you indicated in the appeal.

How to formulate your requirements?

In a statement of claim for non-obstruction in the use of residential premises, it is necessary to indicate both basic and additional requirements. The first ones include:

requirements for settling in an apartment or other real estate object;
a request to oblige the defendant to eliminate the committed violations;
no obstruction clause.

Additional conditions must also be written in the application:

determining the procedure for using housing, if it is the property of the parties;
the obligation to provide access to the disputed property (to hand over the keys, if only the defendant has them).

The second party can be either a co-owner of housing, a neighbor or other person, or a municipality. It is easy to determine the defendant - a citizen who prevents the move into real estate and does not allow it to be used for its intended purpose.

This category of disputes provides for the possibility of a counterclaim. In it, the defendant will require recognition of the lost right of the plaintiff to a specific premises, as well as the need for his eviction. The argument will be the non-payment of housing maintenance costs, the absence of a citizen on the disputed area for a long time and interest in living. Therefore, when drawing up a petition, certain recommendations should be followed.

What do you need to know when writing an application?

When preparing a sample statement of claim for non-obstruction in the use of residential premises, it is important to adhere to the following rules:

be sure to indicate additional requirements on the need to determine the procedure for using housing (they are taken into account if it is impossible to satisfy basic requests);
the procedure for using real estate is determined only in relation to persons with the right of ownership;
when the plaintiff has no interest in settling in a disputed object, the likelihood of a positive decision on the appeal is very small;
if the claims are made by a former family member, the court decision will depend on whether or not it is used under a social contract of employment;
in relation to the claims specified in the petition, the limitation period does not work, because such legal relations are recognized as continuing.

A lot in making a decision on the case will depend on how proven the indicated circumstances are.

What facts need to be proven when going to court?

When a statement of claim is written for non-obstruction in the use of residential premises, it is necessary to indicate the circumstances confirming the need to satisfy the appeal. For each of them, their own evidence is collected:

the defendant refuses to give the keys to the apartment, changed the locks or otherwise prevents entry into the apartment - the fact of refusal is confirmed in court;
the plaintiff made attempts to get into the premises or he had to be forced to leave it - a certificate of contacting the police department for a solution to the problem, testimonies of witnesses and other papers;
when the plaintiff has the right of ownership of the property - the relevant certificate;
the court has previously determined the procedure for using housing - a decision made after that trial is provided;
the plaintiff did not give a voluntary waiver of the right to a certain premises - confirmation of payment of utility bills and payment for other services.

Additionally, evidence of still remaining rights to the property in dispute may be required. All attached documents are indicated in a separate list.

What to write in the application?

You can find on the Internet a ready-made sample statement of claim for non-obstruction in the use of residential premises, but it will contain only general recommendations. In order to make a professional application, it is important to indicate the following points:

the exact name of the court, the defendant and the plaintiff, with the addresses of the parties;
the circumstances of the case that gave rise to the appeal;
own requirements with indication of the grounds;
references to legislative norms confirming the validity of the requirements;
list of attached documents, date and signature.

Be sure to indicate the names, numbers and other information about the title papers that you have on hand. Pay special attention to the violations committed, which were mentioned above. In addition to documentary evidence of such, it will be necessary to confirm them with references to laws. Do not forget to accurately write down the address of the property in relation to which the dispute arose. Only a well-thought-out and well-written statement of claim has a chance of being satisfied in court.

In _______________ city court of __________ region
The address: _______________________________

Claimant: ____________________________

Plaintiff's representative: ______________
The address:_____________________________

Respondent: _________________________
The address: ______________________________

Statement of claim
on non-imposing obstacles to use, determining the procedure for using or allocating a share in kind

I, _____________________, _________ born, own a 1/3 share in the right of common shared ownership of a residential building located at: _______________________________, which is confirmed by a certificate of state registration of the right dated _______ _________. This dwelling is a 1-storey residential building with a total area of ____ sq.m.
Also, I own a 1/3 share in the right of common shared ownership of a land plot with a total area of _______ sq.m., on which the indicated residential building is located, which is confirmed by a certificate of state registration of the right dated ________ g. __________. The specified land plot is land locality and is intended for personal subsidiary farming.
The indicated shares in the right of common shared ownership of a dwelling and a land plot were inherited by me from my aunt - _________________________, who died on __________, which is confirmed by the Certificate of the right to inheritance under the law of _________, ____ No. _________.
The remaining shares of this residential building and land belonged to my brothers - ___________________ __________ b. and ___________________ ________ born, 1/3 share each.

G. I, _________ renouncing the pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation), agreed to the sale by my brothers - ______________ and ____________ of their shares in the right of common shared ownership of a residential building and a land plot (a copy of the notarized consent is attached).

So, at present, the owner of the sold 2/3 shares of a residential building and a land plot located at: _______________________________ is a citizen ____________

Together with me, 1/3 of this site and a residential building was used by my wife - _____________ ________ b.
After the citizen _________ became the owner of 2/3 of the shares of the above house, actions are constantly taken on his part that prevent me, as the owner, from exercising my property rights to own, use and dispose of my property.

So, __________ does not allow me to enter the territory of the land plot belonging to me, to enter and live peacefully in my own house. At the same time, conflicts constantly occur between us regarding the current situation. Moreover, citizen __________ has a spouse who also prevents me and my wife from freely using and disposing of my property. Recently, my wife, ___________, during another attempt to go to the indicated site and to the house, was beaten by the wife of ____________, which is confirmed by a certificate from the police (I enclose a copy of the certificate).

Moreover, _________, without notifying me, ___________, as the second owner, carried out the redevelopment of this residential premises.
__________, I already applied to the department of the Ministry of Internal Affairs of Russia for the Solnechnogorsk district, with a demand to initiate a criminal case against ______________ for committing a crime under Art. 330 of the Criminal Code of the Russian Federation, which was refused (a copy of the decision to refuse to initiate a criminal case is attached).
Thus, from the circumstances described, it is clear that relations between our families are rather aggravated, tense and gradually develop into conflicts and even fights.

Numerous attempts to penetrate the territory of my own site and residential building were unsuccessful, due to the constant obstruction of me in this by ___________
Currently, I, ________________, being the owner of 1/3 of the share of the house and the land plot, am deprived of the opportunity to exercise my rights to own and use the said property, moreover, I am even deprived of the actual opportunity to sell my shares. The impossibility of selling these shares is due to the fact that I cannot provide potential buyers with the opportunity to properly inspect this site and the house.

So, in accordance with Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law.
Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons.
No one may be deprived of his property except by a court decision.
Also, in accordance with Art. 3 of the Housing Code of the Russian Federation, no one can be evicted from a dwelling or restricted in the right to use a dwelling.

Moreover, on the basis of Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession.

Based on Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property.

In accordance with Art. 244 of the Civil Code of the Russian Federation, property owned by two or more persons belongs to them on the basis of common ownership.
By virtue of Art. 247 of the Civil Code of the Russian Federation, possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
A participant in shared ownership has the right to provide for his possession and use of a part of the common property commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants who own and use the property attributable to his share.

In accordance with paragraph 6 of the Resolution of the Plenum Supreme Court RF dated 06/10/1980 No. 4 “On some issues of the practice of considering disputes arising between participants in common ownership of a residential building” by the courts, the allocation to a participant in common ownership of a share belonging to him means the transfer to the plaintiff of a certain isolated part of a residential building and utility buildings corresponding to his share, and also means the loss of his right to this share in the common property
When establishing the procedure for using the house (Article 247 of the Civil Code of the Russian Federation), each of the co-owners is transferred to use a specific part of the building based on its share in the common ownership of the house. In this case, the right of common ownership of the house does not stop.
When resolving such a claim, the court takes into account the actual procedure for using the property, which may not exactly correspond to the shares in the common property right, the need of each of the owners in this property and the real possibility of joint use.

So, in accordance with Art. 252 of the Civil Code of the Russian Federation, property that is in shared ownership may be divided between its participants by agreement between them.
A participant in shared ownership has the right to demand that his share be separated from the common property.
If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or separating the share of one of them, the participant in shared ownership shall have the right to demand in court that his share be divided in kind from the common property.
If the separation of a share in kind is not allowed by law or is impossible without disproportionate damage to property in common ownership, the separated owner has the right to payment to him of the value of his share by other participants in shared ownership.
The disproportion between the property allocated in kind to a participant in shared ownership on the basis of this article and his share in the ownership right shall be eliminated by payment of an appropriate amount of money or other compensation.

Also, please note that I, ____________, not possessing legal knowledge and skills, had to resort to the help of professional lawyers to resolve this conflict situation, in connection with which I incurred expenses in the amount of ____________________________ to pay for their services.
These expenses were actually incurred by me and are confirmed by the following payment documents __________

All legal services provided for in the agreement were provided to me in a quality, conscientious and full manner.

Based on the aforesaid and guided by Article. 131 132 Code of Civil Procedure of the Russian Federation

1. Oblige the Respondent not to obstruct the Claimant in the use, possession and disposal of the residential premises and land located at: ____________________________________________;
2. Determine the procedure for the use of residential premises and land, taking into account the actual procedure for use and shares in the right of common shared ownership;
3. Allocate to the Claimant his 1/3 share in the right of common ownership of land and residential premises in kind;

Appendix:
1. Copy of the representative's power of attorney;
2. A copy of the certificate of state registration of land rights;
3. A copy of the certificate of state registration of the right to housing;
4. A copy of the Consent to waive the pre-emptive right to purchase;
5. A copy of the certificate of the right to inheritance by law;
6. A copy of the decision to refuse to initiate a criminal case;
7. Copy of police certificate;

" "__________ G. _________________________________________

To the Chekhov city court
Moscow region
142300, Chekhov, st. Chekhov, 24

Claimant:
Machuchin Nikolai Alexandrovich

Respondent:
Moiseeva Ekaterina Nikolaevna
Address: Moscow region, Chekhov, st. Mira, 10, apt. 103

State duty: 200 rubles.

STATEMENT OF CLAIM
About not obstructing the use of residential premises

I, Machuchin Nikolai Alexandrovich, am a tenant of a residential building (two-room apartment), located at the address: Moscow Region, Chekhov, st. Mira, 10, apt. 103.
In addition to me, the following are also currently registered in this residential area:
- Yulia Alexandrovna Davydova, born February 7, 1972, ex-wife;
- Ekaterina Nikolaevna Moiseeva, born April 21, 1990, daughter, defendant in this lawsuit.
The disputed dwelling is an apartment with a total area of 42.8 sq. m., residential - 27.4 sq. m., consisting of 2 isolated rooms.
Since November 2010, I have not had access to this dwelling due to a conflict with the defendant.
All methods of resolving the issue of removing obstacles to the use of the apartment, peacefully, did not lead to anything.
defendant Moiseeva E.N. prevents my access to the apartment by inserting new locks into the apartment door and does not give me the keys.
Moreover, the defendant lives in this residential area with her partner, who is not registered there.
As a result, I am unable to exercise my right to use this property.
In accordance with Art. 67 Housing Code In the Russian Federation, a tenant of residential premises under a social tenancy agreement is obliged to:
1) use the residential premises for their intended purpose and within the limits established by this Code;
2) ensure the safety of the dwelling;
3) maintain the proper condition of the dwelling;
4) conduct Maintenance living quarters;
5) timely pay for housing and utilities;
6) inform the landlord within the terms established by the agreement about the change in the grounds and conditions giving the right to use the residential premises under a social tenancy agreement.
By virtue of Art. 17 of the Housing Code of the Russian Federation, residential premises are intended for the residence of citizens.
The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the authorized Government Russian Federation federal executive body.
The relationship between me and the respondent was complicated, and therefore we had a problem with free access to the apartment.
In accordance with Art. 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm .
When determining the amount of compensation for non-pecuniary damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances. The court must also take into account the degree of physical and mental suffering associated with the individual characteristics of the person harmed.
The defendant's actions were infliction of non-pecuniary damage to me, the compensation of which I estimate in the amount of 30,000 (Thirty thousand) rubles.

Based on the above, guided by art. Art. 17, 67 ZhK RF, 151 CC RF,

1. Oblige the defendant Moiseeva Ekaterina Nikolaevna not to obstruct me in using the residential premises located at the address: Moscow Region, Chekhov, st. Mira, 10, apt. 103.
2. Oblige the defendant Ekaterina Nikolaevna Moiseeva to give me the keys to the locks front door for my free access to the living quarters.
3. To collect from the defendant Ekaterina Nikolaevna Moiseyeva in my favor compensation for moral damage in the amount of 30,000 (thirty thousand) rubles 00 kopecks.

Appendix:
1. Copy of the statement of claim - 1 copy.
2. A copy of the contract of social employment - 2 copies.
3. A copy of an extract from the house book - 2 copies.
4. A copy of an extract from the house book - 2 copies.
5. Receipt of payment of the state duty.

«» __________ 2010 _________ / N.A. Machuchin /

Even if the matter concerns only the recently rebuilt by you, casting a deep shadow on the garden bed beloved by your neighbor.

Civil law

It is a formalized claim demanding a ban on the defendant, who, by his action / inaction, prevents the first person from using or disposing of his own property, from continuing to behave in this way.

At the same time, the property mentioned in the claim should not be the plaintiff (does not apply), transferred under a legal transaction by the defendant, i.e. there should be no relationship between the parties to the case, from which any obligations arise.

A negatory claim is nothing more than the protection of property rights.

Differences in the concepts of "not obstructing" and "removing obstacles"

Not obstructing- the absence on the part of the subject of any actions that prevent another subject from fulfilling duties or enjoying all the benefits and benefits arising from the movable and in use.

Removing Obstacles- a one-time or complex action performed by an entity in order to provide another entity with the opportunity to fully use the property received on the basis of an official transaction.

Essence

Requirement Object– implementation of actions that will eliminate existing at the moment litigation hindrances that prevent the plaintiff from exercising his rights.

Subject The person filing the claim is the owner who wants to remove obstacles in the use of property rights.

Subject of obligation is an individual / legal entity that performs direct or indirect illegal actions that interfere with the plaintiff. Subject of the claim- the claim made by the plaintiff. Requirement may be:

on the elimination of the consequences of illegal actions that violate the rights of the plaintiff (i.e., the requirement concerns some actions committed by the defendant in the past, but their consequences interfere with the plaintiff at the current moment);
on the elimination of the interference caused by the defendant at the present time;
on the elimination of actions that will necessarily lead to infringement of the claimant's property rights in the future.

Dispute- an unlawful act or unlawful consequence that occurred due to the behavior / inaction of the defendant. In most cases, the subject of the dispute is real estate.

Grounds for filing a negatory claim:

action or inaction in relation to the consequences of the defendant's activities;
illegal actions (the court must recognize that the defendant's activity has become an offense);
ongoing wrongful act or unresolved consequences of the wrongful act;
interference is actual;
the wrongful actions of the defendant did not lead to the loss of the plaintiff's rights of possession.

Difference from vindication

A negatory claim is filed if the plaintiff has not lost the right to own property, but only does not have the opportunity to fully use it due to the fault of the defendant.

Vindication claim- a request for the return of property to the rightful owner in a situation where materially valuable items, things, real estate are not used by their owner.

At the same time, both parties to the court case should not have obligations to each other arising from any completed transaction. A vindication claim is filed if:

the disputed subject is not used by the owner;
a controversial subject, has signs of belonging to a particular person;
the disputed item is the property of the plaintiff or he is its title owner.

Applicant for an item the plaintiff has the opportunity to prove the legitimacy of the claims(the thing was donated in the presence of witnesses who are on this moment alive, the thing was bought and the receipt was preserved or there are witnesses to the purchase, the disputed item went to ).

defendant such a claim may be a person:

not having the right to own the subject;
who independently took possession of the disputed thing;
acquired the disputed item from a person who did not have legal grounds to dispose of the item.

Illegal possession of a thing can be recognized as:

bona fide (the defendant did not know that the disputed thing was someone else's property);
unfair (the actual user of the thing understands that he uses it without legal grounds).

The claims of the plaintiff who filed a negatory claim will be satisfied if the court finds that the actions of the defendant, the consequences of his actions or possible consequences led / will lead to infringement of the rights of the first.

A vindication claim will be satisfied if:

judicial recognition of the actual owner as unfair;
bona fide illegal possession, which became possible after a gratuitous transaction;
conscientious illegal possession of an object seized from the owner against his will.

A thing/property/object voluntarily leased by the owner, and then illegally sold to a new owner, cannot be returned to the actual legal owner under a vindication claim. What is the right to use land - read by clicking on.

Presentation conditions

Mandatory terms:

the plaintiff is the legal owner of the property, but does not have the opportunity to fully use it at the current moment due to obstruction by the defendant;
the accusing party actually used the property until the obstacles created by the defendant arose;
the property rights of the owner are violated, while he has not lost his property;
the accused has committed an unlawful act, because of which the plaintiff is currently inconvenienced;
the defendant continues to commit illegal acts;
the actions of the defendant that violate the rights of the owner of the property are taking place at the moment or are factors that will necessarily negatively affect the property rights of the defendant.

Action algorithm

Having decided to file a negatory claim, they determine the culprit of the problems and find out him (if the defendant is a legal entity) or address (if the defendant is an individual).

A completed claim is filed at the location / residence of the defendant. Coordinate information must be accurate Otherwise, the judge will refuse to accept the claim for consideration.

Along with the claim, you must provide title documents for property, which the plaintiff cannot use due to the fault of the defendant. Make sure they are in your personal archive. If not, then you need to order a duplicate from a notary / bring from relatives. After that, make several copies.

If possible, they collect documents, after reading which you can understand how the rights of the plaintiff are violated. SES can help in collecting such papers if, for example, the defendant's actions caused pollution of the plaintiff's backyard dacha, department of housing and communal services(However, the plaintiff does not have to prove the defendant's guilt, it is enough to file a claim).

The claim is filed in the form of a paper document drawn up according to the form. A negatory claim is filed to the district court.

Due to legal proceedings commission of inquiry may be set up, which will leave for the place where, according to the plaintiff, there is a violation of his property interests.

Compiling an application correctly

The document indicates the coordinates of the judicial institution, the exact identification data of the defendant (full name and address of residence - if the defendant is a private person, name of the organization, location address - if the defendant is a legal entity) and the plaintiff.

In the center of the document indicate the name "Claim Statement". Placed under the name short description Problems.

In the body of the document indicate:

a description of the actions leading / led to the infringement of the claimant's property interests;
the time of the infringement of property rights.

Be sure to formulate a request for the defendant to stop the actions that caused or are guaranteed to cause infringement of the interests of the plaintiff.

Attached to the document list of securities allowing:

determine the legality of the plaintiff's possession of the property mentioned in the claim;
determine the extent of infringement of the interests of the plaintiff by the defendant (if documents are available);
a copy of the receipt confirming the payment of the state duty.

The claim is certified by signature and date.

State duty 200 rubles for each claim specified in the claim document.

Terms of satisfaction

The conditions for satisfaction in a negatory claim are as follows:

the claim will be satisfied if the court recognizes the legitimacy of the plaintiff's claims, revealing the fact of offenses on the part of the defendant;
the parties are not in a binding relationship;
violations take place at the time of consideration of the claim (elimination of violations and their consequences before the day on which the meeting is scheduled is the basis for dismissing the claim);
violations infringe the property rights of the plaintiff;
violations will lead in the future to a violation of the rights of the plaintiff (for example, a building under construction will create a thick shadow over the person who applied to the court).

For negatory claims statute of limitations does not apply(according to the provision of Article 208 of the Civil Code of the Russian Federation), since the infringement of the plaintiff's interest in this case is a continuing violation.

But this does not prevent the plaintiff from claiming compensation payments for the damage received.

Negative claims are not considered if the claim concerns the actions of the defendant, past, and by the day court session the consequences of these actions have been eliminated.

Succession after the death of the creditor

Since a negatory claim can only be initiated by the owner of the property, then to express claims against the defendant heir maybe in the case of an official and obtaining a supporting certificate.

In this case, the claim must relate to current factors hindering the use of inheritance. Thus, the case will be dismissed, unless the successor has been officially appointed by the testator to represent his interests in court.

When using your property, we must not violate the property rights of neighbors. If they see incompetence in the actions, then they have the right to file a negatory claim even for the fact that you are blocking the sun or blocking them in the future by your actions.