Права и обязанности владельца дачного участка

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Права и обязанности владельца дачного участка 1

Права и обязанности владельца дачного участка

Давайте рассмотрим такую  ситуацию – вы купили дачный участок. С домиком или просто земельный участок. В садоводстве, дачном или огородническом товариществе.

Организационных форм может быть много, но все они регулируются одними и теми же правовыми нормами, так что для упрощения будем их все называть садоводствами.

Почему я говорю о покупке? Потому, что если Вы были членом садоводства с момента его организации – ситуации складывается кардинально другая. Вы уже являетесь членом этой добровольной организации.

Поэтому принимаете на себя права и обязанности согласно утвержденного устава и решений общих собраний садоводов.

При покупке же вы приобретаете либо только земельный участок, либо участок и надлежащим образом оформленные надворные постройки.

Но вот вступать ли вам в садоводство или пользоваться дачным земельным участком в индивидуальном порядке – решать вам. Если вы не являетесь членом садоводства, то на вас и не распространяются его обязанности.

Звучит заманчиво? Сам себе хозяин… Однако не все так просто.

Дело в том, что все садоводы, ведущие хозяйство в индивидуальном порядке на территории данного садоводческого товарищества имеют право пользоваться дорогами, охраной, электричеством и другими видами инфраструктуры только за плату.

Они обязаны в письменной форме заключить договор с правлением садоводства на оказания им соответствующих услуг на условиях, определенных общим собранием членов садоводства.

В данном договоре будут оговорены ваши права и обязанности, а так же размер ваших денежных выплат. Не забывайте так же, что вы имеете право потребовать отчет об их использовании.

Отказать вам в заключении такого договора правление садоводства не имеет права. В случае необоснованного отказа —  вы вправе обратиться в суд с требованием о понуждении к заключению такого договора.

Если же вы решаете вступить в данное садоводческое товарищество, то вам прежде всего надо ознакомиться с уставом садоводства, разобраться с вашими правами и обязанностями.

Следующий, принципиально важный вопрос. Необходимо понимать, что независимо от того, являетесь ли вы членом садоводства или нет, никто не вправе лишить вас возможности владеть и пользоваться вашим земельным участком.

При желании, вы имеете право оформить собственность на дачный участок. Однако обязать  вас это сделать также не могут.

Мой вам совет: чтобы  в дальнейшем у вас не возникало проблем с наследованием, дарением или продажей участка, лучше оформить собственность на землю заранее.

Никто не вправе чинить вам препятствия  в данном вопросе. Если председатель садоводства отказывает вам в необходимых для оформления документах, то вы имеете все основания обжаловать его действия в суде.

Момент третий. В ситуации, когда вы стали наслед­ником неприватизированного участка в садоводстве, к вам автоматически переходит право офор­мить данный участок в собственность.

Данный вопрос часто неправильно  пони­мается председателями садоводств или сотрудниками регис­трационных служб. Они ошибочно считают, что оформить собственность на  земельный участок мог только прежний владелец.

Право оформить свой дачный участок в собст­венность вам предоставлено законом, а значит, все противодействия с их стороны являются нарушением ваших законных прав. Вы имеете все основания для обращения в судебные инстанции.

Момент четвертый. Лишить вас права владеть и пользоваться вашим земельным участком не может даже решение общего собрания садоводства. Даже неуплата членских взносов не может быть основанием для лишения вас прав на ваш садовый участок.

И последнее, о чем хотелось бы сказать. Отнюдь не все вопросы на сегодняшний день урегулированы законодательством. Жизнь постоянно вносит свои коррективы. Для нас с вами может служить положительным примером обращение инициативной группы садоводов в Конституционный суд РФ, и «эпохальное» решение последнего о разрешении прописки граждан в садоводствах.

Видео на тему:

Вступил в силу закон о садовых и дачных участках

 

 

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