However, it should be borne in mind that, when talking about the demolition of permanent structures, i.e., buildings erected on a Foundation with a system of water, gas, etc., the nature of claims associated with the physical destruction of the structure. If we are talking about commercial premises, sheds, fences, wells, etc., then the claim will be "On withdrawal of land from unlawful possession". Thus, to remove the obstacles in the use of the land by demolition of the unauthorized construction or by removal of the land from illegal possession by obliging the defendant to vacate the premises of the buildings.
In practice, to determine the capital structure or not can only judge, therefore, the courts often appoint expertise in such cases.
When filing a lawsuit on demolition of unauthorized constructions General rule of jurisdiction - the court on the defendant's domicile. If a dispute arose between legal entities, the civil case is considered by the court of arbitration. In the case where at least one of the parties to the disputed relationship is an individual, the claim shall be filed in the court of General jurisdiction.
As required by law before filing a claim in court, the plaintiff must pay a state fee in the procedure established by the tax code. As the requirements of the demolition of the building is not of a material nature, the size of the state fee is fixed.
Requirements for requisites of such a claim are standard, they should contain the name of the court, plaintiff and defendant. In the text of the claim must specify the documents on which the plaintiff owns the land on which erected unauthorized construction (e.g., rental contract, certificate of ownership, etc.), as well as the cadastral number and address of the site.
The plaintiff must justify the statement what are the violations of his rights and legitimate interests, and also to confirm the fact of these violations. For example, you can write that "according to the act survey the land from a certain date, the Board of commissioners, employees of the plaintiff, on the land plot with cadastral number so-and-so owned by the plaintiff the right of rent under the contract No. at such number there are many garages erected, OOO Bricks."
The legislative framework for the consideration of disputes of this category of cases are: articles 2,27,28,60,62, 76 of the land code of the Russian Federation and article 222 of the civil code.
The petition part of the claim can be stated as follows: "I ask the court to order the defendant to carry out demolition of unauthorized constructions located on the land at a certain address, cadastral number so-and-so at the expense of own means".
Application to a claim are issued in accordance with the requirements of the APC or CPC RF. Definitely along with the claim should be submitted to the court: the payment order about payment of registration fee, a copy of constituent documents of the plaintiff, the certificate of incorporation of the plaintiff and defendant (if the court of arbitration), copy of lease or certificate of title, inspection reports, photos, etc.
In practice, to determine the capital structure or not can only judge, therefore, the courts often appoint expertise in such cases.
When filing a lawsuit on demolition of unauthorized constructions General rule of jurisdiction - the court on the defendant's domicile. If a dispute arose between legal entities, the civil case is considered by the court of arbitration. In the case where at least one of the parties to the disputed relationship is an individual, the claim shall be filed in the court of General jurisdiction.
As required by law before filing a claim in court, the plaintiff must pay a state fee in the procedure established by the tax code. As the requirements of the demolition of the building is not of a material nature, the size of the state fee is fixed.
Requirements for requisites of such a claim are standard, they should contain the name of the court, plaintiff and defendant. In the text of the claim must specify the documents on which the plaintiff owns the land on which erected unauthorized construction (e.g., rental contract, certificate of ownership, etc.), as well as the cadastral number and address of the site.
The plaintiff must justify the statement what are the violations of his rights and legitimate interests, and also to confirm the fact of these violations. For example, you can write that "according to the act survey the land from a certain date, the Board of commissioners, employees of the plaintiff, on the land plot with cadastral number so-and-so owned by the plaintiff the right of rent under the contract No. at such number there are many garages erected, OOO Bricks."
The legislative framework for the consideration of disputes of this category of cases are: articles 2,27,28,60,62, 76 of the land code of the Russian Federation and article 222 of the civil code.
The petition part of the claim can be stated as follows: "I ask the court to order the defendant to carry out demolition of unauthorized constructions located on the land at a certain address, cadastral number so-and-so at the expense of own means".
Application to a claim are issued in accordance with the requirements of the APC or CPC RF. Definitely along with the claim should be submitted to the court: the payment order about payment of registration fee, a copy of constituent documents of the plaintiff, the certificate of incorporation of the plaintiff and defendant (if the court of arbitration), copy of lease or certificate of title, inspection reports, photos, etc.