The concept of "negatory claim" is used since the time of Roman law.
Its name - derived from the Latin word negaterius - «negative».
At its core, it is a requirement of the thirdpersons - court - to remove obstacles to owner of property in use of the property or the elimination of violations that prevent the plaintiff to exercise its powers of ownership.
Features negatornogo claim
Negatornogo sued the property owner gives inWhen the violation of his right to exercise the powers of the owner is not deprived of his right to his possession. The definition of this concept is given in st.304 Civil Code, which describes how the owner can protect their rights against violations not related to deprivation of possession.
To file a claim negatory, you must havebase. They are confirmed your ownership and proven facts, proving that you do this create obstacles. In this case, the subject of the claim is the owner who is experiencing obstacles. As the subject of the claim can act as any other person who owns the property legally - tenant or, for example, the one who holds it on the right of economic management, operational management and so forth.
A person who violates the rights of the owner without legalgrounds, is subject to duty. The object of the complaint is the removal of the offense, which at the time of filing a lawsuit has lasted. Because the violation is not resolved at the time of filing a lawsuit, negatory lawsuit has no statute of limitations and can be served at any time, even when it lasts.
Negatornogo object of the claim may bepotentially preventing a possible violation of the rights of ownership if there is such a threat. It may be, for example, when the building, which is planned to be built on an adjacent site will block the passage to your site or in any other way hinder the use of the property.
What to write in a lawsuit negatornogo
Negatornogo address part of the claim is written in the same wayas in the general case: Court specify the name, surname, name and patronymic of the plaintiff, his place of residence and place of permanent residence. In the address of the defendant are also indicated data: surname, name and patronymic, place of residence and registration. Write amount of the claim, specifying the amount in rubles.
The title of the document should state his views: "The statement of claim on the establishment of violations, not connected with deprivation of possession (negatory lawsuit)." In the introductory part of the property title to the possession which you face obstacles, including the address, cadastral number, the method of purchase, how long it is in your possession. After that, state your claim: when and how to manifest violations of your rights of ownership. Please note that these violations should not be connected with the deprivation of your ownership. Enter the amount of damages caused by you as a result of the misconduct.
In the final part of the claim state the request to the court: order the defendant to eliminate the violations and to compensate the damage caused. Bring a list of persons that the court may call as witnesses, and give a list of applications - documents that you present as evidence. The application shall attach a receipt of payment of the state fee and a copy of the presentation for the defendant.