Today we have to find out what ownership is. This question worries almost the entire population of the Russian Federation. It plays a huge role in the life of every person. Indeed, in the state relations are based on rights, duties and responsibilities. This will always have to be remembered. Unfortunately, issues related to property and rights to it are a lot of trouble. Next, all the key points of the mentioned topic will be revealed in detail.
Description
What is ownership? Usually, they characterize the citizen’s right to carry out actions with the object at their discretion, which do not contradict the established normative acts and laws.
A similar term is used to describe property law. When the rights of the studied rights appear between a thing and its owner, some relations arise. At the same time, property relations also appear with other persons.
Components
More or less clear what ownership is. It consists of 3 parts. They are called powers.
The following powers are the components of the studied rights:
- use;
- disposal;
- possession.
What is meant by these concepts? Having realized this, it will be possible to more accurately understand what constitutes a property right. It is safe to say that the owner of the property can not only own it, but use and dispose of it.
Title of Ownership
Let's start with the most important concept - ownership rights. What it is?
Possession is considered physical control over the object. In other words, a person rises above his property and completely controls it.
Possession is legal (based on title documents and laws) and illegal. In this case, illegal possession is divided into bona fide (when a person does not suspect that he does not have ownership rights to property) and unfair.
Use
The property right of citizens without fail provides for the right to use. This describes the ability to use / exploit a thing, but only within the framework of the law.
Usually, use refers to use for personal purposes. For example, when the owner lives in his apartment. This is the use. This competency does not provide for anything special.
Order
A much more important point is the disposal of property. This is the last component of the mentioned right of citizens.
An order is an opportunity to determine the legal fate of property. In fact, the owner benefits from what belongs to him in one way or another. He can do anything with a thing or real estate, but only within the limits of applicable laws.
If desired, property can be donated, exchanged, sold, put up for auction, leased, used independently and even exchanged. Also, the property of a citizen is allowed to be used as collateral. All of these are examples of orders.
Types of property
What are property rights? It all depends on what kind of object in question. In general, in Russia there is movable and immovable property. Also, property can be tangible and intangible.
A much more important point is the form of ownership. Today you can come across the following types of property:
- private;
- state;
- municipal.
In the first case, the owner is usually either an individual or legal entity, in the second - the state, in the third - a specific subject of the Russian Federation, the municipality.
In addition, the property is private (1 owner), shared (several owners, the property is divided into shares), joint (there are no specific shares allocated to citizens).
Private property rights can be acquired in many ways. Just like all other forms of property rights. What is this about? How can I get ownership of the property?
Acquisition Methods
As it is not difficult to guess, it all depends on the specific situation. There are a lot of options for the development of events. And to predict what will serve as the basis for the emergence of property rights is almost impossible.
Almost everyone will sooner or later face inheritance. This operation is one way of acquiring property rights. An inheritance can be obtained by law and by will.
You may also encounter the following operations:
- purchase of property;
- exchange;
- privatization
- receipt of a gift contract;
- winnings.
All this is considered the basis for the emergence of property rights to certain objects. Most often - for real estate.
Recognition methods
The registration of property rights ideally takes place with the involvement of a notary public, as well as with the visit of Rosreestr and other state bodies. But this option is applicable when there is no dispute.
In addition to the notarial recognition of property rights, a court decision is issued. Typically, this arrangement is applicable in the presence of disputes and disagreements between potential owners. Also, a citizen can apply to the court for recognition of property rights if he suspects that this operation will accelerate the preparation of relevant documentation.
In any case, most operations require mandatory registration with the Rosreestr or the traffic police. Depending on the property in question.
Proof of
It is clear what ownership is. It is worth paying attention to the fact that citizens must prove the fact of owning a particular thing. Especially when it comes to real estate.
The proof of ownership of real estate is a certificate of the established form. It is issued in Rosreestr or in the cadastral registration chamber. Recently, the document began to be drawn up at the MFC. It contains data:
- about the owner;
- about the property;
- about the document that served as the basis for the emergence of ownership.
An extract from the Unified State Register will also prove the ownership of the property. Since 2017, this document began to replace the certificate of ownership. The certificate shall indicate the details of the property and its owners. Issued in the same place as a certificate of ownership.
Title papers
What documents will help get an extract from the Unified State Register? A certificate of ownership? They will be the same in both cases. The main thing is to know what may come in handy.
For example, among documents of title include:
- contract of sale;
- gift agreements;
- exchange agreement;
- will;
- certificate from the notary about the acceptance of the inheritance.
This may also include a pledge agreement and a privatization agreement. As it is not difficult to understand, title documents directly depend on the method of acquiring property rights.
About registration
Registration of ownership rights mainly occurs through Rosreestr. For this, a citizen will need:
- Prepare certain documents required in a particular case.
- Submit a request for a certificate of the established form.
- Pay a fee if necessary.
- Pick up the finished document at the appointed time.
Typically, certificates and extracts from the state register of rights draw up from 3 to 10 days.
To obtain such inquiries, the following documents will come in handy:
- title papers;
- passport;
- statement;
- check with paid state duty.
If the certificate is drawn up by a legal entity, he will also have to bring all the constituent documents of the company. Preferably with copies.
Litigation
Quite often, citizens have different conflicts and disputes over property rights. Especially when it comes to selling common property and receiving / sharing an inheritance.
As we have already noticed, it is possible to recognize property rights through the courts. To do this, you will have to get evidence that a person really needs to be the owner of a thing or object. In the end, the plaintiff will be given a court order that either assigns him the status of the owner of the property, or cancels the appeal.
To file a lawsuit, you need the following papers:
- payment with a paid duty (it depends on the value of the item);
- passport or any other identity card of the applicant;
- application for recognition of ownership of the object;
- title documents (if any);
- evidence that the person should be the owner of the thing (photos, videos, audio recordings, correspondence, etc. will do);
- witness's testimonies.
In fact, such a method of recognizing property rights is the most difficult. But in practice, more often than not, it allows you to get rid of any conflicts absolutely legally.
About acquisitive prescription
Another way to get property into property is to use acquisitive prescription. This term is not familiar to many. But in this way, the right of private property can be assigned to a citizen, even if the thing already had a master.
What is acquisitive prescription? This is when a person continuously owns property for at least 15 years. And he does it in good faith and openly. In other words, a citizen does not suspect that he does not have property rights to real estate, but he does not hide the use of it.
To recognize the right of ownership in this way will have to go to court. Witnesses will play a huge role here - they will be able to point out the honesty and openness of the applicant's intentions.
Termination of Rights
A court ruling on property rights to property usually secures a person’s right to use, own, and dispose of real estate. But the concept being studied may stop.
Ownership has certain time limits. It ceases after the death of the owner and goes to his heirs. Also, property rights to an object terminate upon destruction of a thing, its sale, gift and alienation. A court decision may also be useful for the implementation of the task.
findings
Now it’s clear what the model of ownership looks like. An extract and a certificate of an established form will be useful to each owner of the property.
Ownership in Russia plays a huge role. And it is with him that the bulk of litigation in one degree or another is connected. The main thing is that it is now clear what powers are given to property owners. If you act within the framework of the current legislation, then there will not be any special problems with the recognition of the property right of citizens!