1. The neighbor’s gas pipe runs through my property, the land is owned, what should I do?
1.1. Good day you need to prove that it really creates inconvenience for you, for example, it creates obstacles in the use of the site, does not allow equipment to pass, draw up a report in the presence of neighbors with their notification, and a representative of the administration, gas service, then prepare a claim to the owner and give him a period to eliminate the obstacles in use of your property! In case of refusal, go to court!
2. How could it happen that there is a gas pipe running through my area and there are no encumbrances.
2.1. Hello! We cannot know the reasons, but you can contact the owner of the pipe with a proposal to conclude an easement agreement, which, of course, will be paid. If they refuse, go to court.
3. There is a gas pipe running through my property to my neighbors. Can I remove it?
3.1. According to the text - probably not. A legally laid pipe will, in any case, simply encumber the site on which it is located, not giving the owner of the site the right to dispose of it at his own discretion.
4. How to move gas pipes to the street that run throughout my property.
4.1. Hello! Contact the owner of the pipe. In case of refusal, you can apply to the court with a claim to remove obstacles to the use of the land plot.
5. A gas pipe runs through my area and I have benefits on payment for consumption.
5.1. Hello.
The law does not establish any benefits in your case. Moreover, an encumbrance (easement) may be imposed on the site.
6. There is a medium pressure gas pipe running through my area, what should I do?
6.1. Depends on what you want...
7. A gas pipe runs through my land. How can I transfer it for free?
7.1. contact the owner of the gas pipeline
8. Gas pipeline low pressure runs through my property, but not towards my house. A neighbor's chicken coop (0.9 meters from the gas pipe) was pulled down by an ice floe almost to the ground in winter. The gas workers accuse us of stealing two racks (we didn’t do that) and are forcing us to do repairs (since your site is on your property, then you should do it). What should I do?
8.1. Expensive day - file a claim with your neighbors for the demolition of the chicken coop - apparently, they did not install it according to the rules - as an alternative to refusing the claim, invite them to restore the gas pipeline.
9. A medium pressure gas pipe runs through the property (owned). There were no encumbrances when purchasing the plot. Contacted gas company In order for it to be moved from the site, we were told that only at our expense. At the same time, they demand that we paint it and not build it up, i.e. we can provide inspectors with access to the pipe. Is it possible to conclude a conservation easement with a gas company? And what should my actions be?
9.1. Yes, it is possible to conclude an easement, BUT... firstly, companies of this kind, just like electric power companies, do not enter into any agreements without a court decision. Secondly, these types of issues are best resolved in judicial procedure. BUT.. in court the question will arise about the primacy of the pipe and the site. That is, the court will find out what appeared initially: a pipe was laid or a plot of land was allocated in kind and transferred into ownership. What documents will come out is another question. As for pipe maintenance, this is definitely not your problem, since it is not your property and no one handed it over to you for maintenance.
10. I bought land and a house in the village. I had already connected the house to gas, fortunately the pipe was close. I decided to build a fence and ordered the site to be marked out so that the fence wouldn’t climb onto someone else’s property. It turned out that the gas pipe is on my site. When they sold the house and land, they didn’t say anything about it. Even when I arranged to connect my house to gas and needed information for the project with complete confidence in answering the question “is there a gas pipe running through the site?” answered no. The question is, what needs to be done so that the pipe is moved not at my expense?
10.1. There is a proposal - to charge rent for gas transit through your territory, so you can make good money;)
10.2. Dear Denis! By virtue of Article 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. Moreover, within the meaning of this norm negatory a claim can be brought both in cases where the violation of a right is not associated with deprivation of possession, and in the case where the violation of a right is associated with deprivation of possession, but at the same time is of an independent nature - it is expressed not only in deprivation of possession.
I believe that competent pre-trial preparation of such a claim is mandatory.
11. I live in SNT and a gas pipe runs through my area.
My house is not connected to gas.
In the case of SNT, can I go to court for an easement by filing an application for SNT?
11.1. It is not clear what kind of easement you want to deal with? If you come to us, it’s most likely no longer necessary; you seem to have agreed on the laying of such a pipe.
12. Can I turn off my housemate (the house was built for two owners) gas pipe? The pipe runs through my area, then goes into my half of the house and then goes along my outside wall to a neighbor. The gas meter was installed in the same way as mine and his, therefore gas was previously installed with the permission of the previous owner.
12.1. Only the gas service can turn off the gas.
13. I inherited a house with a plot of land; a gas pipe runs through the yard, installed after the death of the testator, without the consent of the heir. Now I want to gasify a house located on the site, do I have to demand a reduction in the cost of tapping and connecting, since the pipe runs through my land? THANK YOU!
13.1. Good afternoon Valentina.
At the time of installation of the gas pipe, your consent was not required because the owner of the property was the testator, who agreed to lay the pipe through your property. Therefore, when concluding a new contract for gasification of a house, you have no reason to reduce the price of the installation cost like the current owner.
If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you
Plant a tree, build a house, raise a child - this is the list of 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 a lot of problems. One of them is how to connect gas to your home.
Illegal connection to a gas pipe
Connection methods
There are two ways our people go:
not honest, that is, illegal, unfortunately, many are accustomed to this.
legal.
All these methods are quite complex and expensive. And the first option is also very dangerous. But let's consider everything.
Illegal connection option
Illegal gasification Advantages: Slightly less expensive.
Flaws:
life threatening. It is not for nothing that the state restricts the rights to insert gas pipes without the appropriate documents. But if you decide to take this step, study the safety rules.
punishable by law. If an illegal act of connecting to the gas is detected on your part, government bodies They will not only deprive you of gas supplies, but also possibly freedom for several years or impose a fine. The amount of which will probably be many times greater than with a legal connection.
But if the above does not scare you, then let’s consider the basic rules of this method of tapping into a gas pipeline.
work with gas pipes Progress
When starting such work, make sure that the gas pipe valve is closed. And do not open it while you are making the cut. At the same time, make sure that no one else commits “sabotage.” Check the reliability of closing the valve with a simple match. If 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, and there is a possibility of losing your home.
Traces from numerous incisions But if you are an experienced welder, or have invited such a person, then you certainly know how to properly cut into the gas supply system. Of course you have necessary pipes, valves, tees, welding and others additional details. The distance between the pipes should be at least half a meter.
And the quality of welding “underground” work (solders) can be checked in the old way using soap or any detergent. Apply generous amounts of foam to these areas and open the valve. If soap bubbles burst and reappear, it means the job was 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 peace of mind and reliability are more important to you, then start immediately with the second method – the legal one.
gas meter on a pipe Legal way
Advantages:
work is performed by specialists legally and professionally
subsequently you won’t have to pay any bribes, everything is legal
repairs, there is someone to contact and make complaints
a quiet life and a whole house.
Flaws:
may take a year or more, if you live there you need an alternative
The financial investment is huge!
gas pipe on site Step-by-step instructions for legally connecting gas to your home
- 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 path lies in design organization, and order a project - again pay a lot of money.
- Step four - the installation organization carries out the project. All work is at your expense.
Where to contact
Oddly enough, in our country, in the 21st century, there are settlements without gas. This is the longest and most unpredictable option. We need to start from the stove. That is, 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. All necessary list documents will be provided there. And then we need to wait for a decision. This can be done by an intermediary company that specializes in the matter. But you have to pay for it!
Connection from a neighbor
If there is gas nearby, this will make your task easier. But not by much. When a person buys a house or a plot for its construction, he happily receives the information that there is gas on the plot or, worse, on the neighbor’s plot. But before you get excited about this news, ask whether the neighbor or owner of this pipe will agree to you crashing 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’s 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 expenses 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 industry.
Documents that confirm your ownership.
If there is no house, then the project and all permits for its construction.
Full plan home, 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.
Situational plan of the site on a scale of 1:5000.
Consent of neighbors in writing.
Documentation for the gas equipment 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 also ensure during installation fire safety. Moreover, many minor issues will appear during the work process.
When connecting gas, choose the largest pipe. 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 it to another place. This is a safety violation and may result in a fine.
Eliminating illegal connections Now you are convinced that this is not an easy task, but you need to build a house. And it’s really nice when this house is cozy, beautiful and comfortable. And you have completed your task.
We bought a dedicated part of a 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 yard 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. We have gas heating. The neighbor says that she will not allow anyone into the territory to connect the gas, because this pipe is simply in her way. Requires us to install a separate gas pipe into the house. Officially, one gas pipe was installed for this house, which was 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 territory, it doesn’t matter to her that the pipe is common. And we can’t do anything, the police throw up their hands. We are collecting documents to go to court, but it’s taking a long time. And the neighbor doesn’t give an official refusal, she just doesn’t let me in. We wrote to the Ministry of Energy of the Moscow Region. They wrote back that connection was impossible due to the neighbor’s refusal. 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 a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building.
In accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.
According to clause 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 property is included in the common property engineering system gas supply, consisting of gas pipelines laid from the gas source (when using liquefied hydrocarbon gas) or the point of connection of these gas pipelines to the gas distribution network up to and including the shut-off valves (taps), located on branches (drops) to the intra-apartment gas equipment, tank and (or) group bottled installations of liquefied hydrocarbon gases intended for supplying gas to one apartment building, gas-using equipment (with the exception of household gas-using equipment included in the intra-apartment gas equipment), technical devices on gas pipelines, including control and safety valves, gas control systems for 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.
Based on paragraphs. “b” clause 32 of the Provision Rules utilities owners and users of premises in apartment buildings And residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the contractor (in your case, the gas service) has the right to demand admission at a time previously agreed upon with the consumer, but not more than once every three months, to the residential or residential premises occupied by the consumer non-residential premises representatives of the contractor (including employees emergency services) to inspect the technical and sanitary condition of indoor equipment, to carry out the necessary repair work and checking to eliminate deficiencies in the provision of public services - as necessary, and to eliminate emergencies - at any time. A pp. “e” clause 34 of these rules imposes on the consumer (your neighbor) a corresponding obligation to provide access.
SergeyMiller Rating: -5 February 19, 2015 at 3:58 AM Would you allow it? Of course not! Should I contact gas workers? In fact, this is just their headache; they have to think about where and how to install the pipe and why it runs near a neighbor and not near your house. You need an official statement to the gas workers with a request to supply gas to your house, let them think about how to do it. Now, if they cannot solve the problem, then you can sue the gas workers. The neighbor is not to blame here. bask Rating: 5 February 19, 2015 at 4:14 am The situation is standard - non-standard, this happens at every step! Certainly best option solve everything with your neighbor without declaring war, but if the gas workers have no other option to connect your gas, then you will have to decide through the courts, although it seems to me that 4 meters is no longer a courtyard area, you should consult.
Neighbor won't give me 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. pages to engineering support networks “If the copyright holder land plot has no information about the organization issuing technical specifications, he applies to the local government body with a request to provide information about such an organization, and the local government body provides, within 2 working days from the date of application, information about the relevant organization, including name, legal and actual addresses.” 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 household needs of citizens.
If your neighbor is against connecting to the pipe
Rating: 5 February 19, 2015 at 09:27 pm The question is not yours, but the contractor’s, and it is best to entrust the construction of the gas pipeline to Mezhraigaz. Gas workers will definitely have an experienced lawyer who can explain this to your neighbor. what is an easement on a plot of land and will force him to dismantle the illegal sidewalk. Many people already earn money simply by communicating on our forum! For example, like this.
Or like this. You can start communicating on the forum now. Just log in via VKontakte or register, it will take one minute. But if you are passing through us, you can still: Connect a 380V motor Geological soil survey Ball valves How to distinguish ball valve made of galvanized screw got stuck in a parrot bebop drone quadcopter and can’t get out what to do Parquet or laminate cellar and foundation Electricity Grand4 gas meter works strangely The roof of the cellars in the cooperative is leaking.
How to connect to a neighbor's (private) pipe?
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a gas pipe in shared ownership that should run along the street in front of the houses, a neighbor ran it through his plot, now when I want to connect to it, he asks for money for installing a pole under this pipe, says my land. Is he right? what am I supposed to do? gasification of a private house Collapse Victoria Dymova Support employee Pravoved.ru Similar issues have already been considered, try looking here:
- Mom allowed the neighbors 5a time to connect to the gas pipe
- Will we be able to recognize a house as residential if there is a gas pipe running underneath it?
Lawyers' answers (1)
- All legal services in Moscow Division of jointly acquired property Moscow from 15,000 rubles. Support of real estate transactions in Moscow from 40,000 rubles.
A neighbor is blocking the 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 must always monitor the branches that appear and call the appropriate services, the police, because the site is yours and any work carried out without your consent is illegal. If the pipe is in the ground, then you will not find a branch made carefully and correctly.
The technique is not very complicated, but without skills it is doomed. Remove the turf, dig a trench, dig a gas pipe, drill, for example, in a nitrogen atmosphere (so that a spark does not cause an explosion of the explosive mixture), weld a valve or pipe end in it (or you can simply tighten the pipe with clamps with a rubber or silicone gasket) and insulate it , fill it all up, compact it, return the turf to its place. If you manage to do this during an accident or routine maintenance, when there is no flammable gas in the pipe, it is even safer, but it is difficult to guess.
Can neighbors cut into a gas pipe on their property 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 am Perhaps someone will tell you how to act in the following situation. We built the house, and it was time to install gas. There is a pipe running down the street, we paid a fee to the gas cooperative, ordered technical specifications, a project, and agreed with the installers. It turned out that the pipe runs under paving slabs, which a neighbor placed near his yard (not in the yard, but near the yard - to his fence 4 m).
It does not allow you to touch the tiles. What should I do? Dominic Rating: 330 January 30, 2015 at 9:01 am Write a recommended letter to your neighbor, in which you ask to remove the tiles by such and such a date, describe the reason, and the consequences (the trench will be dug by an excavator, so in this case there will be no way to avoid the destruction of the tiles ).
Forums on heating, air conditioning, energy saving
Home Questions and orders Do I have to pay my neighbors to connect to the gas pipe? Asking is faster than reading. Ask a question to the lawyers! 8358 lawyers are waiting for you Question author: Russia Hello! The situation is this: I’m getting ready to supply gas to my site, the pipe on the street goes past the yard 4 meters away, I’m collecting documents... everything seems to be as usual, BUT! It turns out that I will have to pay the neighbors who before me and after me on the street a certain amount of money (they will decide for themselves) for the tie-in, because they previously installed gas (more than three years ago), ran around, negotiated... They were, so to speak, pioneers. Is this legal? Oh, and...
the gas pipeline is on the balance sheet of Gorgaz... I don’t have cottage village, there are no communities, etc.
E. Golovashchenko (Domodedovo) 10.26.2017 Category: We bought a dedicated part of a 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 yard 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.
We have gas heating. The neighbor says that she will not allow anyone into the territory to connect the gas, because this pipe is simply in her way. Requires us to install a separate gas pipe into the house. Officially, one gas pipe was installed for this house, which was 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 private territory, it didn’t matter to her that the pipe was shared. And we can’t do anything, the police throw up their hands.
LLC LAW FIRM "YOUR GARANT" (10.26.2012 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 do not take into account moral and ethical standards, however, if citizens organized gas supply (and incurred expenses) and prove this with documents, and then you want to “cut into” a pipe paid for by someone, then pay for such a “cut-in” (we we think) it is necessary... How much - determine together!!! If the neighbors say that they paid for certain “DONATIONS” and demand compensation 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 obtain technical specifications for connecting to the gas pipeline, not from your neighbors, but from the relevant organization.
What to do when the gas pipe of one neighbor does not allow you to connect
Your neighbors are not legal. Get the appropriate permissions and connect. Malyutin Alexander (25.10.2012 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 give the following recommendations: The organization of gas supply to the population is the authority of local governments of settlements and is carried out in in the manner prescribed by law Russian Federation and municipal regulatory legal acts. (Article 7 of the Federal Law “On Gas Supply”), you might want to ask if there is any legal regulation on the issue of gas supply in your area. In addition, Article 220 of the Tax Code may be useful in the future; it provides 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 what project was used to supply gas to your neighbor.
if there is no project, then definitely ask your neighbor to make a separate input bypassing your site. And if there was a project, then first you need to check how well it complied with the standards.
The basis for going to court will be the following rules:
According to clause 4, part 2, 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 threaten them can be suppressed by
restoration of the situation that existed before the violation of the right, suppression
actions that violate the right or create a threat of its violation.
By virtue of Part 2 of Art. 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 plot, may be sentenced to
fulfillment of duties in kind, demolition of illegally erected buildings, structures,
structures, restoration land plots within the same 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) protection civil rights 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; awards to perform duties in kind.
In accordance with Article 304 of the Civil Code of the Russian Federation, the owner may demand elimination
any violations of his rights, even if these violations were not combined with
dispossession.
Paragraph 9 of the Resolution of the Plenum of the Supreme Court
RF No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated 07/01/1996 “On some issues related
using part one of the Civil Code of the Russian Federation"
stipulates that when resolving disputes arising in connection with the defense
owned by citizens or legal entities civil rights through self-defense
(Articles 12 and 14), it should be taken into account that self-defense 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 Plenum Resolution
Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 (as amended on June 23, 2015)
“On some issues arising in judicial practice when resolving
disputes related to the protection of property rights and other property rights"
it follows that, by virtue of Articles 304, 305 of the Civil Code of the Russian Federation, a claim to eliminate violations of law is not
related to deprivation of possession, is subject to satisfaction if the plaintiff
proves that he is the owner or the person in possession of the property under
grounds provided for by law or contract, and that by the actions of the defendant,
not related to deprivation of possession, his right of ownership is violated or
legal possession.
