1. The neighbor’s gas pipe runs through my property, the land is owned, what should I do?

1.1. Good afternoon 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 site 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, it is better to resolve these types of issues in court. 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. Gas meter It was installed like mine and his, therefore the gas was previously carried out 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

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 repaid 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, common property owners of 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 a gas source (when using liquefied hydrocarbon gas) or the place of connection of the specified gas pipelines to the gas distribution network up to shut-off valves(faucet) inclusive, located on branches (drops) to the intra-apartment gas equipment, tank and (or) group cylinder 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 emergency services workers) to inspect the technical and sanitary condition of in-house 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.

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 of land plots within the previous boundaries.
By virtue of Article 12 of the Civil Code 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; 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 protection
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 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.

1. How to force my neighbor to remove the gas pipe from the front of my house.

1.1. You must file a claim in court.

2. A gas pipe runs through my property to my neighbors. Is it possible to demand that it be removed?

2.1. There are two potential situations: 1. The gas pipe is provided for in the urban plan and territory planning documentation. In this regard, you can offer the owner (the person who owns the pipe) to enter into an easement agreement or a lease agreement for part of the land plot for operation. In case of refusal, recover in court the amounts of unjust enrichment in connection with the use of your land. That is, you have the right to demand compensation. 2. The gas pipe was laid without proper documentation. In addition to point 1, you can also demand the dismantling of an illegal structure.
You can file a claim in court to remove obstacles to the use of the site. The claim is filed at the location of the site. The defendant is the owner of the pipe.

3. The gas pipe was removed from my site.

3.1. What is the question itself?

4. My neighbors' gas pipe runs through my apartment. Do I have the right to remove it?

4.1. Olga, no. You don't have the right to do this.

4.2. Hello! First of all, you need to contact the gas service with a request to consider this issue. Employees will conduct an inspection and if for constructive and technical specifications it is possible, they will offer options. Best regards, Dmitry.

5. There is a gas pipe running through my property to my neighbors. Can I remove it?

5.1. 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.

6. How to remove my neighbor's gas pipe from my house. Is he not making contact?

6.1. Hello. Only through the court and only if the pipe can be removed based on the design documentation...

6.2. Dear Evgeniya, if your neighbor does not make contact with you, you need to file a collective statement in court claiming that your neighbor’s pipe is disturbing you, and attach a photo
gas pipe house book (copy) statement of claim (copy) and receipt for payment of state duty

7. How to remove a gas pipe from my property?

7.1. Hello!

File a claim in court to remove obstacles to the use of the site

GOOD LUCK TO YOU

7.2. only in court

8. There is a gas pipe near my site. She's blocking the passage. To enter the gate you need to bend down. Not to mention the import building materials. This pipe is not listed on the balance sheet. Turned to gas. I was told to raise the service at my own expense. How to force it to be removed at the expense of the defendant.

8.1. Hello,
First, write a complaint to the prosecutor's office, if this does not help, go to court, prove that you are being prevented from using your property or are causing inconvenience.
I wish you good luck and all the best!

9. A high-pressure gas pipe runs through my property. Can I demand that the pipe be removed from my property or demand compensation for the inconvenience?

9.1. You can demand compensation for the inability to use your site (due to restrictions caused by the passage of the pipe)

10. I live on the first floor of a two-story building apartment building. Our neighbors' gas pipe runs through our apartment. We use bottled, imported gas and disconnected from this pipe (previously gas flowed through it to us and upstairs) and made ourselves separate entrance. Can I remove someone else's pipe from my apartment. All the other neighbors have already resolved this issue, but ours don’t want to.

10.1. With the consent of local authorities - yes, this will be re-equipment, therefore the norms of Art. 26 Housing Code of the Russian Federation.

11. I have an individual housing construction plot. A gas pipe runs through the middle of it. It belongs to it. It was installed there a very long time ago, when I was not the owner, already in 1972. Nobody paid me rent for gas transit. The statement does not contain any restrictions. Gorgaz is ready to remove it, but at my expense. Question. Can I legally oblige them to move this pipe under Art. 304, 305 of the Civil Code of the Russian Federation? If the court refuses, can I demand compensation? And gas transit fees for the last three years and subsequent years?

11.1. You can if you prove that this pipe violates your rights.

11.2. Hello Maria
You are entitled to three years' rent and pipe removal at the same time.

12. A neighbor wants to pipe gas along a common fence with him. Requests permission to remove the fence during this time. Is our written consent required? What consequences could there be for us from such proximity to the gas pipe (security zone, encumbrance, etc.)?

12.1. If only he needs gas, then let him drive it around his area.

13. A gas pipe runs along the glazed balcony. I am the owner of the apartment. The gas office seems to have no pretensions, but housing and communal services are demanding that obstacles to access for state residents be removed... what to do in this situation.

13.1. What obstacles, gas pipe? I wonder how they even imagine it. What if we're talking about about glazing, there is no such law that would oblige you to remove window frames. Grant gas workers access to your apartment and that’s it.

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

SergeyMiller Rating: -5 February 19, 2015 at 3:58 AM Would you allow it? Of course not! Should I contact gas workers? Actually it's just theirs headache, they are required 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 and technical support networks “If the owner of the land plot does not have 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.
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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? and what should I 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. By the street goes pipe, 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 do not have a cottage community, 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 repaid 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” (we we think) it is necessary... How much - determine together!!! If 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 AM) Victor, you need to obtain technical conditions 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 established by the legislation of the Russian Federation and municipal regulatory legal acts. (Article 7 of the Federal Law “On Gas Supply”), you may need to inquire whether 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. tax deduction for the costs of connecting to electricity, water, gas supply and sewerage networks or creating autonomous sources of electricity, water, gas supply and sewerage.