SergeyMiller Rating: -5 February 19, 2015 at 3:58 Would you let me? over no! Would I go to the gas workers? Actually, it's just them. headache, they are obliged to think where and how to lay the pipe and why it passes near a neighbor, and not near your house. Need official statement gasmen with a request to bring gas to your house, let them think how to do it. Now, if they cannot solve the problem, then you can sue the gas workers. The neighbor is not to blame. bask Rating: 5 February 19, 2015 at 4:14 am The situation is standard - non-standard, this happens at every turn! certainly best option solve everything with a neighbor without declaring war, but if the gas workers have no other way to connect gas to you, then you will have to decide in court, although it seems to me that 4 meters is no longer a courtyard area, you can consult.
Neighbor does not give access to gas
To know for sure where to send an application for connection, you can act in accordance with clause 6 of the RULES for determining and providing technical conditions for connecting a capital facility. building to networks of engineering and technical support "If the owner of the land plot does not have information about the organization issuing specifications, he applies to the local government with a request to provide information about such an organization, and the local government submits, within 2 working days from the date of application, information about the relevant organization, including the name, legal and actual address. When you receive the organization's data, send the appropriate request for connection, within 14 days they will issue technical conditions for connection, and then you will act in accordance with the Rules for the supply of gas to meet the domestic needs of citizens.
If the neighbor is against connecting to the pipe
Rating: 5 February 19, 2015 at 21:27 The question is not yours, but the contractor's, and it is best to entrust the construction of the gas pipeline to Mezhraygaz. Gas workers will definitely have an experienced lawyer who will explain to your neighbor. what is an easement of land and will force him to dismantle the illegal pavement. Many people are already making money just by talking on our forum! For example, like this.
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Connect to a neighbor's (private) pipe, how to do it right?
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a gas pipe in shared ownership, which should run along the street in front of the houses, a neighbor laid it on his site, now when I want to connect to it, he asks for money for installing a pole under this pipe, my land says. Is he right? what am I supposed to do? gasification of a private house Hide Victoria Dymova Support worker Pravoved.ru Similar questions have already been considered, try looking here:
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Lawyers Answers (1)
- All services of lawyers in Moscow Division of jointly acquired property Moscow from 15,000 rubles. Support of transactions with real estate Moscow from 40,000 rubles.
Neighbor prevents connection to the gas pipe
Physically, they can. This is dangerous and requires both knowledge, skills, and a certain amount of time. If the pipe goes on top, you just need to control the branches that have appeared and call the appropriate services, the police, because your site and any work without your consent is illegal. If the pipe is in the ground, then you will not find a branch made neatly and correctly.
The technique is not very complicated, but without skills it is doomed. Remove the sod, dig a trench, dig in gas pipe, drill, for example, in a nitrogen atmosphere (so that a spark does not cause an explosion of an explosive mixture), weld a valve or a pipe end in it (or you can simply tighten a pipe with rubber or silicone gasket) insulate, fill it all up, tamp, return the turf to its place. If you manage to do this during an accident or maintenance work, when there is no combustible gas in the pipe, it is even safer, but it is difficult to guess.
Can neighbors crash into a gas pipe on the site without asking?
Login (e-mail): Password: Forum / Disputes, conflicts, judicial practice / Neighbor does not give access to gas Sergeev Rating: 16 January 30, 2015 at 2:16 Perhaps someone will tell you how to act in the following situation. They built a house, it was the turn to carry out gas. There is a pipe down the street, we paid a fee to the gas cooperative, ordered technical conditions, a project, agreed with the installers. It turned out that the pipe goes under paving slabs, which a neighbor put near his yard (not in the yard, but at the yard - 4 m to his fence).
He won't let you touch the tiles. How to be? Dominik Rating: 330 January 30, 2015 at 9:01 am Write a recommended letter to your neighbor, in which you ask them to remove the tile by such and such a date, describe the reason, and the consequences (the trench will be dug with an excavator, so in this case it will not work to avoid destroying the tile ).
Forums on heating, air conditioning, energy saving
Home Questions and Orders Do I have to pay my neighbors for connecting to a gas pipe? Asking is faster than reading. Ask a lawyer! 8358 lawyers are waiting for you Asked by Russia Hello! The situation is as follows, I was about to conduct gas to my site, the pipe along the street goes past the courtyard at 4 meters, I am collecting documents ... everything seems to be as usual, BUT! It turns out that I will have to pay my neighbors, who, before me and after me down the street, a certain amount of money (they will decide for themselves) for the tie-in, because they previously carried out gas (more than three years ago), ran, negotiated ... Were, so to speak, pioneers. Is it legal? And, more...
the gas pipeline is on the balance sheet of Gorgaz ... I have no cottage village, there are no communities, etc.
E. Golovashchenko (Domodedovo) 10/26/2017 Heading: Bought a dedicated part of the house in Domodedovo. After the purchase and sale transaction, we learned that the previous owners had their gas cut off for non-payment, but the gas pipe was cut off in the courtyard of a neighbor who has the second part of the house. We ourselves paid off the debt of the previous owners (55 thousand rubles), and paid for the gas connection.
Our heating is gas. The neighbor says that she will not let anyone into the territory to connect the gas, because this pipe simply interferes with her. Requires us to introduce a separate gas pipe into the house. Officially, one gas pipe was introduced to this house, which is divided into three parts of the house according to the number of owners.
They repeatedly came from the gas service, explained to her the illegality of her actions, she shouted that it was private area, it does not matter to her that the pipe is common. And we can't do anything, the police throw up their hands.
LLC LEGAL FIRM "YOUR GARANT" (26.10.2012 at 01:21:24) We support the advice of the Legal Agency "Legal Perspective" and Alexander Malyutin, although we do not consider these answers complete ... Victor!!! We don't take into account moral and ethical standards, however, if citizens organized gas supply (and incurred expenses at the same time) and prove it documentarily, and after that you want to “crash” into a pipe paid by someone, then it is necessary to pay for such a “tie-in” (we believe) ... How much - determine jointly! !! If the neighbors say that they paid some "DONATIONS" and demand to compensate for part of these donations, then contact the competent authorities ...
We are waiting for your feedback. law firm"Match Point" (10/26/2012 at 11:58:29) Victor, you need to get the technical conditions for connecting to the gas pipeline and not from your neighbors, but from the relevant organization.
What to do when the gas pipe is one neighbor does not allow you to connect
Your neighbors are not legal. Get the appropriate permissions and connect. Malyutin Alexander (10/25/2012 at 18:12:28) If the pipe really is the property of Gorgaz, then there is probably nothing to worry about, but nevertheless I will the following recommendations: The organization of gas supply to the population is the authority of local self-government bodies of settlements and is carried out in the manner established by law Russian Federation and municipal regulatory legal acts. (Article 7 of the Federal Law “On Gas Supply”), you may need to ask if there is any regulatory legal act on the issue of gas supply in your area. In addition, Article 220 of the Tax Code may be useful in the future, it is subject to a tax deduction for connection costs to networks of electricity, water, gas supply and sewerage or the creation of autonomous sources of electricity, water, gas supply and sewerage.
Hello!
First you need to find out for which project the gas supply to the neighbor was carried out.
if there is no project, then unequivocally ask a neighbor to make a separate input bypassing your site. And if the project was, then first you need to check how it complied with the standards.
The grounds for going to court will be the following:
According to paragraph 4 of part 2 of Art. 60 of the Land Code of the Russian Federation, actions that violate the rights to land of citizens and
legal entities or violations that pose a threat to them can be suppressed by
restoration of the situation that existed before the violation of the right, suppression
actions that violate the right or threaten to violate it.
By virtue of h.2 Article. 62 of the Land Code of the Russian Federation on the basis of a court decision, the person guilty of
violation of the rights of the owner of the land, may be awarded to
performance of duties in kind, demolition of illegally erected buildings, structures,
structures, restoration of land plots within the former boundaries.
By virtue of Article 12 of the Civil Code of the Russian Federation
(hereinafter referred to as the Civil Code of the Russian Federation) the protection of civil rights is carried out by, in particular:
restoration of the situation that existed before the violation of the right, and suppression
actions that violate the right or create a threat of its violation; self defense
rights; assignment to the performance of a duty in kind.
In accordance with Article 304 of the Civil Code of the Russian Federation, the owner may demand the elimination
any violations of his rights, even if these violations were not connected with
dispossession.
Paragraph 9 of the Resolution of the Plenum of the Supreme Court
RF N 6, Plenum of the Supreme Arbitration Court of the Russian Federation N 8 of 07/01/1996 "On some issues related
with the application of Part One of the Civil Code of the Russian Federation"
provided that in resolving disputes arising in connection with the defense
civil rights belonging to citizens or legal entities through self-defense
(Articles 12 and 14), it should be borne in mind that self-defence cannot be recognized
lawful if it clearly does not correspond to the method and nature of the violation and
the harm caused (possible) is more significant than the harm prevented.
From paragraphs 45 and 47 of the Resolution of the Plenum
of the Supreme Court of the Russian Federation N 10, Plenum of the Supreme Arbitration Court of the Russian Federation N 22 dated 04/29/2010 (as amended on 06/23/2015)
"Some Questions Arising in judicial practice with permission
disputes related to the protection of property rights and other rights in rem"
It follows that, by virtue of Articles 304, 305 of the Civil Code of the Russian Federation, a claim for the elimination of violations of a right is not
connected with deprivation of possession, is subject to satisfaction in the event that the plaintiff
prove that he is the owner or the person in possession of the property under
grounds provided by law or contract, and that the actions of the defendant,
not related to the deprivation of possession, his right to property is violated or
legal possession.
Reply from 03/29/2014 02:17
Hello!
Your neighbor has acquired the right to limited use of someone else's land (servitude). In accordance with Article 276 of the Civil Code, the termination of an easement is possible in two cases:
1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.
2. In cases where a land plot owned by a citizen or legal entity, as a result of encumbrance with an easement, cannot be used in accordance with the intended purpose of the site, the owner has the right to demand in court the termination of the easement.
Accordingly, on the first ground, you cannot demand the termination of the easement. In the second case, you need to prove that the presence of a gas pipe prevents the use of your land, which is also difficult to prove in your situation.
At the same time, the owner of a plot burdened with an easement has the right to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot. As far as I understand, when you signed the paper, the pipes were laid free of charge. You could demand a reasonable fee for the use of the site, but given that the consent was given 10 years ago - expired.
In your situation, I see several options. First, you can try to demand a reasonable fee for the use of the site, due to the fact that the neighbor's gas pipeline prevents you from using the site for its intended purpose, as you want (for example, the inability to plant trees or build a greenhouse - if it can be proven that the pipes really interfere and it is necessary to build or plant in this place). However, it is worth considering again the statute of limitations - either calculate the damage and lost profits for the last three years (if you prove that you have already suffered losses during this time) - or calculate on this moment time.
“The payment for the servitude must be commensurate with the losses caused to the owner of the land plot or other real estate encumbered with the servitude, in connection with the restriction of his rights as a result of the establishment of the servitude. Proportionality of the servitude payment to such losses means that the amount of the servitude payment is equal to the amount of losses caused to the owner of the land plot or other real estate encumbered with the servitude, in connection with the restriction of his rights as a result of the establishment of the servitude. ("Temporary Guidelines according to the assessment of a commensurate fee for an easement” (approved by Roszemkadastr on March 17, 2004)).
Secondly, in accordance with Article 27 of the Land Code, state registration of an easement is required: 1. State registration easements are held in the Unified State Register of Rights on the basis of an application by the owner of real estate or the person in whose favor the easement is established, if the latter has an easement agreement. The easement comes into force after its registration in the Unified State Register of Rights. 2. If the servitude relates to a part of a land plot or other real estate object, the documents specifying the content and scope of the servitude shall be accompanied by a cadastral passport of such a real estate object, on which the scope of the servitude is marked, or a cadastral extract of such a real estate object containing the entered to the state real estate cadastre, information about the part of such a real estate object, which is covered by the scope of the servitude.
The easement comes into force after its registration in the Unified State Register of Rights. It is worth paying attention to whether everything is framed correctly. If the whole procedure was executed correctly by your neighbor, the easement is properly executed and has been valid for 10 years, you should pay attention to the easement itself and its scope. You gave your consent only for the laying of pipes, but not for the passage of your neighbor through your land plot(installation of a gate in your garden, unhindered stay there). And the possibility of a neighbor proving that he needs the opportunity to enter your site in order to “inspect the gas pipeline” seems very difficult.
Plant a tree, build a house, raise a child - this is how they list the main tasks that must be solved a real man during your life.
With a tree and children, everything is extremely simple, but with a house, if you build it yourself, there are many problems. One of them is how to connect gas to your home.
Illegal connection to the gas pipe
Connection methods
There are two ways our people go:
not honest, that is, illegal, unfortunately, many are used to this.
legal.
All these methods are quite complex and expensive. And the first option is also very dangerous. But let's look at everything.
Illegal connection option
Illegal gasification Advantages: slightly less expensive.
Flaws:
life threatening. It is not in vain that the state restricts the rights to tie-in gas pipes without the relevant documents. But if you decide to take this step, study the safety rules.
punishable by law. Upon detection misconduct connection to the gas, on your part, government bodies not only deprive you of gas supply, but also possibly freedom for several years or impose a fine. The amount of which, perhaps, will be many times more than with a legal connection.
But if the above does not scare you, then consider the basic rules of this method of tie-in to the gas pipeline.
gas pipe work Progress
When starting such work, make sure that the gas pipe valve is closed. And don't open it while you're cutting. In doing so, make sure that no one else will commit "sabotage". Check the reliability of closing the valve with a simple match. If the gas does not flow, everything is fine, if there is another option, then the result is unpredictable. It is advisable to have a fire extinguisher nearby. You risk losing your health or life, while there is a chance of losing your home.
Traces from numerous cuts But if you are an experienced welder, or have invited such a person, then you certainly know how to crash into the gas supply system correctly. Of course, you have the necessary pipes, valves, tees, welding and other additional details. The distance between the pipes must be at least half a meter.
And the quality of welding "underground" work (adhesions) can be checked in the old way using soap or any detergent. Apply plenty of foam to these places and open the valve. If soap bubbles burst and reappear, then the work is done poorly and needs to be redone.
So, if you don’t want to live without extreme sports, this method is for you.
But if calmness and reliability are more important for you, then start immediately with the second method - the legal one.
gas meter on the pipe legal way
Advantages:
work to be carried out by specialists legally and professionally
subsequently no bribes will have to be paid, everything is legal
repair, there is someone to contact and make claims
quiet life and the whole house.
Flaws:
the time can be delayed for a year or more, if you live there, an alternative is needed
financial investments are huge!
gas pipe on site Step-by-step instructions for legally connecting gas to the house
- The first step of the method is the owner of the pipe and his permission.
- The second step is that you cannot avoid visiting Gorgaz with the relevant documents.
- The third step - the way lies in the design organization, and to order the project - again pay a lot of money.
- Step four - the installation organization carries out the project. All work is at your expense.
Where to go
Oddly enough, in our country, in the 21st century, there are settlements without gas. This is the longest and most unpredictable option. You have to start from the stove. That is, to create a constituent organization of a non-profit nature. Then documents are submitted based on the needs of the owners of houses in this village in technical department regional gas facilities. Whole required list documents will be provided. And then we need to wait for a decision. This can be done by an intermediary firm that specializes in the issue. But you have to pay for it!
Connection from a neighbor
If gas is still nearby, then this will make your task easier. But not much. When a person buys a house or a plot for its construction, he is happy to receive information that there is gas on the plot or worse on the neighbor's plot. But before you get excited about this news, ask if the neighbor or the owner of this pipe will agree that you will crash into it. As a rule, you have to pay for this. It all depends on the "appetite" of the neighbor. On the one hand, it is fair that he spent money on it, but on the other hand, the main thing is that the amount is commensurate. But you still have to pay. Very often, this stage already presents an unresolved problem. Only the amount of "gratitude" can solve it.
List of documents
The documents that will be described in the article may change slightly due to changes in our legislation.
Photocopy of passport and code.
Application - a request for connection. It must be certified by the head of the gas facilities.
Documents that prove your property.
If there is no house, then the project and all permits for its construction.
The full plan of the house, if it is more than 300 sq. m., then a thermal calculation is required.
The architectural and planning department must give an opinion and permission to gasify the house.
Geodetic and topographic plan of the area.
Site plan of the site on a scale of 1:5000.
The consent of the neighbors in writing.
Documentation for the gas equipment that you will install.
Chimney inspection report.
These are just the basic documents, but you may need more depending on your situation.
And this is not the end, you must still ensure when mounting fire safety. Moreover, many minor points will appear in the process of work.
When connecting gas, choose a pipe - the largest one. Thus, you will get rid of the need for further gasification of this area.
think carefully about the location of the stove. Since it will not be possible to move to another place. This violation of safety regulations can be fined for this.
Elimination of illegal connection Now you are convinced that this is not an easy task, but you need to build a house. And it is very pleasant when this house is cozy, beautiful and comfortable. And you completed your task.
Bought a dedicated part of the house in Domodedovo. After the purchase and sale transaction, we learned that the previous owners had their gas cut off for non-payment, but the gas pipe was cut off in the courtyard of a neighbor who has the second part of the house. We ourselves paid off the debt of the previous owners (55 thousand rubles), and paid for the gas connection. Our heating is gas. The neighbor says that she will not let anyone into the territory to connect the gas, because this pipe simply interferes with her. Requires us to introduce a separate gas pipe into the house. Officially, one gas pipe was introduced to this house, which is divided into three parts of the house according to the number of owners. They repeatedly came from the gas service, explained to her the illegality of her actions, she shouted that this was a private territory, it did not matter to her that the pipe was shared. And we can't do anything, the police throw up their hands. We are collecting documents to go to court, but it takes a long time. Yes, and the neighbor does not give an official refusal, she simply does not let her. We wrote to the Ministry of Energy of the Moscow Region. They unsubscribed that the connection is impossible due to the refusal of the neighbor. Where else should you go?
Consultations: 36
In accordance with Part 3 of Art. 30 of the Housing Code of the Russian Federation, the owner of the residential premises bears the burden of maintaining this premises and, if this premises is an apartment, common property owners of premises in the respective apartment building.
In accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling is obliged to maintain this premises in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building.
According to paragraph 5 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, intra-house engineering system gas supply, consisting of gas pipelines laid from the gas source (when using liquefied petroleum gas) or the point of connection of these gas pipelines to the gas distribution network up to stop valves(faucet), inclusive, located on the branches (drops) to the intra-apartment gas equipment, tank and (or) group cylinder installations of liquefied hydrocarbon gases, designed to supply gas to one apartment building, gas-using equipment(with the exception of household gas-using equipment that is part of the in-house gas equipment), technical devices on gas pipelines, including control and safety valves, systems for monitoring the gas content of premises, collective (common house) gas meters, as well as gas meters that record the volume of gas used in the production of utility services for heating and (or) hot water supply.
On the basis of paragraphs. "b" p. 32 of the Rules for Provision utilities owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354, the contractor (in your case, the gas service) has the right to demand admission at a time agreed with the consumer in advance, but not more than once every three months, into the residential or non-residential premises occupied by the consumer of the representatives of the contractor ( including employees emergency services) to inspect the technical and sanitary condition of the in-house equipment, to perform the necessary repair work and verification of the elimination of deficiencies in the provision of public services - as necessary, and for the elimination of accidents - at any time. And pp. "e" of paragraph 34 of these rules imposes on the consumer (your neighbor) a corresponding obligation to provide access.
