Statement of claim for removal of obstacles in the use of a public road
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Alatau District Court of Almaty
Plaintiff:...... Nurmakhanbet Kadyrovich
IIN .......... place of residence: Almaty, md. ......., Ainalmaly str., 3, sq. 2
Representative by proxy:
Law and Law Law Company LLP BIN 190240029071
Almaty, Zhibek Zholy ave., 50, office 202, Business center Quarter
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 5755
The defendant: ......... Elena Alexandrovna IIN ........ place of residence:
Almaty, md......., Aynalmaly str., 4a, sq. 2 + 7 707 ..........
Statement of claim
on removing obstacles in the use of a public road
……. Nurmakhanbet Kadyrovich (hereinafter referred to as the Plaintiff) is the owner of a land plot with an area of 0.1067 hectares, cadastral number 20-321-069-......, located at: Almaty, MD........., ul......., 3. Maksimenko Elena Aleksandrovna (hereinafter referred to as the Defendant) is the owner of a neighboring land plot with an area of 0.1090 hectares, cadastral number 20-321-069-960, located at the address: Almaty, MD............, Ainalmaly St., 4a. Currently, in addition to its territory, the Defendant has also seized part of the common land, namely, the road between the sites, thereby blocking the Plaintiff's passage to his own house from the main gate. The Defendant refuses verbal offers to clear the road and provide access, referring to the availability of title and identification documents for the land plot, including a common road. We also sent a pre-trial complaint to the Defendant in order to resolve the situation peacefully. However, we have not received any response to the claim.
Statement of claim for removal of obstacles in the use of a public road
By his actions, the Defendant violates the Plaintiff's rights guaranteed to him by the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan and the Land Code of the Republic of Kazakhstan. In accordance with paragraph 5 of Article 12 of the Constitution of the Republic of Kazakhstan, the exercise of human and civil rights and freedoms should not violate the rights and freedoms of others. According to paragraph 4 of Article 188 of the Civil Code of the Republic of Kazakhstan, the exercise by the owner of his powers should not violate the rights and legally protected interests of other persons and the state. By virtue of Part 1 of Article 244 of the Civil Code of the Republic of Kazakhstan, unauthorized construction is an apartment building, other structure, structure or other immovable property created on land not formed into land plots owned by the state, on a land plot that does not belong to the person who carried out the construction, as well as created without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan and other legislation of the Republic of Kazakhstan. According to Part 2 of Article 244 of the Civil Code of the Republic of Kazakhstan, a person who carries out unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the building - to sell, donate, lease, or make other transactions. An unauthorized building is subject to demolition by the person who carried it out or at his expense, except in the cases provided for in paragraphs 3 and 4 of this Article. 264 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession.
In accordance with paragraph 3 of Article 6 of the Land Code of the Republic of Kazakhstan, the exercise by subjects of land relations of their rights should not harm the land as a natural resource and other environmental objects, as well as the rights and legitimate interests of others. According to Article 164 of the Land Code of the Republic of Kazakhstan, property rights and land use rights are protected in accordance with the procedure provided for by the Civil Code of the Republic of Kazakhstan and other legislative acts of the Republic of Kazakhstan.
In accordance with paragraph 2 of Article 164-1 of the Land Code of the Republic of Kazakhstan, the illegal owner is obliged to vacate the illegally occupied land plot within thirty calendar days from the date of application of the penalties provided for by the legislation of the Republic of Kazakhstan on administrative offenses, and demolish the building erected (under construction) on such a site, independently or at his own expense, except in cases where provided for by the civil legislation of the Republic of Kazakhstan. Disputes related to the non-fulfillment by the illegal owner of the obligation to vacate an arbitrarily occupied land plot and demolish a building erected (under construction) on such a plot are resolved in court. By virtue of Part 2 of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms. According to Part 1 of Article 14 of the International Covenant on Civil and Political Rights (done in New York on 12/16/1966 and ratified by the Law of the Republic of Kazakhstan dated 11/28/2005 No. 91), all persons are equal before the courts, everyone has the right, when determining his rights and obligations in any civil process, to a fair and public hearing by a competent, an independent and impartial court established by law. In accordance with Part 1 of Article 31 of the Civil Procedure Code of the Republic of Kazakhstan, claims for rights to land, buildings, premises, structures, and other objects firmly connected with land (immovable property), for the release of immovable property from seizure, for foreclosure on mortgaged immovable property, for termination or invalidation of the pledge agreement of immovable property are filed under the location of these objects.
Statement of claim for removal of obstacles in the use of a public road
According to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case. Based on the above, I ask the Court:
Oblige ....... Elena Alexandrovna to remove obstacles in the use of the public road located between the land plots:
area of 0.1067 ha, cadastral number 20-321-069-........, located at the address: Almaty, mkr......., Aynalmaly str., 3, the owner of which is ........ Nurmakhanbet Kadyrovich.
with an area of 0.1090 hectares, cadastral number 20-321-069-960, located at: Almaty, md.4a Ainalmaly St., Terekty, owned by .......... Elena Alexandrovna.
Collect from ....... Elena Alexandrovna in favor of ....... Nurmakhanbet Kadyrovich's expenses for the assistance of a representative in the amount of 150,000 (one hundred and fifty thousand) tenge.
….... with Elena Aleksandrovna Maksimenko in favor of ........ Nurmakhanbet Kadyrovich, the amount of expenses for the payment of state duty in the amount of 1,415 (one thousand four hundred fifteen) tenge.
Collect from ........ Elena Alexandrovna in favor of ........ Nurmakhanbet Kadyrovich the amount of postage in the amount of 240 (two hundred and forty) tenge.
Sincerely, General Director of Law Company Law and Law LLP _________/ Kayshybekov M.E. "___" __________ 2019 G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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