We are talking about situations where the owners of apartments in an apartment building have installed a fence and closed their territory. This may cause dissatisfaction with neighbors who cut through this yard to a store, bus stop or kindergarten. Aif.ru together with a lawyer, I figured out whether the installation of such a fence was legal.
According to the norms of housing legislation, the owners of an apartment building have the right to register a land plot under a multi-storey building in common shared ownership, and then fence it off with a fence. To do this, you need to form a land plot, put it on cadastral registration and hold a general meeting of owners, where you can decide on the installation of fencing, its cost, determine the contractor and other nuances. Before installing a fence, you need to coordinate your actions with the municipality. Learn more about this aif.ru I wrote here.
As explained aif.ru lawyer, member of the Association of Lawyers of Russia Angelina Malysheva, the right of residents to dispose of their private property, including installing a fence, is limited by the rights of other people living in neighboring houses. “Undoubtedly, when a single pedestrian path to infrastructure facilities passes through a fenced yard, or a municipal playground is located in the yard, residents have no right to prohibit passage. However, judicial practice is rich in decisions when the courts establish that, in addition to a short path through the neighboring yard, residents have other options, albeit longer in time,” the expert explained.
It is impossible to block the passage of neighbors through your yard if there is a public easement. In the context of the situation under consideration, this is an officially granted right to use a part of someone else’s land, for example, to pass to a school or a public transport stop. Malysheva explained that “such a restriction is formalized by agreement between the owners or on the basis of a court decision, and the encumbrance must also be registered in the EGRN — otherwise it is impossible to talk about violations.”
The Supreme Court of the Russian Federation considered a case where the owners of several townhouses fenced off part of the residential quarter with a fence, leaving behind part of the general infrastructure — several playgrounds, a passage to the football field, to the neighboring residential complex where the school stands. The court, among other things, established that the listed facilities were built at the expense of the common funds of the participants in shared construction and should be in general unhindered access.
Sources:
https://www.vsrf.ru/
https://roskvartal.ru/
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