In the Civil Code, ownerless property is considered as a thing that can be used by any person or legal entity. However, such actions do not cause complaints from the owners. Let us consider in more detail the question of what is ownerless property and how it can be disposed of.
What to consider nothing: the letter of the law
Article 255 of the Civil Code of the Russian Federation contains a definition of an ownerless thing. So called objects that do not have legal owners. In this capacity, things can also appear whose owners have not been established or abandoned their property. The norms of Russian legislation provide for the procedure in accordance with which these objects must be taken into account. The following steps are expected: acceptance of securities required for registration of immovable ownerless property, passing legal expertise, making an entry in the Unified State Register. Only after that new owners can apply for objects.
Application Form
A document requesting the recognition of immovable property as ownerless is submitted by a representative of the local authorities of a rural, urban settlement or district, municipality. In their competence are objects that are within the boundaries of this administrative-territorial entity. Executive state structures in cities of federal significance draw up such statements in respect of real estate located within them. Documents on recognition of immovable property as ownerless are filled in according to the approved forms. If the object is located in more than two districts, then the form is drawn up at any local government authority. At the same time, the name of other municipalities is also indicated.
Documents that confirm the status of the object
The first step is standard in all cases. Interested parties provide papers that certify the status of the property as ownerless property. First of all, these are documents that serve as confirmation that the property is not in the register of federal, state and municipal significance. In addition, a certificate is required certifying the absence of registration by the local authorities of the property right to the property. Ownership can also become property as a result of the owner abandoning it. This fact is documented. Recognition of property as ownerless is possible after a written waiver of the right to own real estate.
At what time can the ownership of ownerless objects be recognized?
After an immovable property is registered as ownerless, it may return to the owner or transfer to other persons by acquiring prescription within one year. This is provided by law. Only when this period of time expires, the court will be able to recognize the ownerless property as municipal property.
Application Rules
The document on registration of ownerless property must be sent to the authorized bodies in person, by post or electronically. The entire package in hard copy is provided in duplicate, except as otherwise provided by law. At the same time, one of them is the original and is returned to interested parties after completing the entire procedure. The electronic document must be digitally signed. The application, together with all related papers, is registered and receives an incoming number. The interested person is notified of this by receipt.The decision on tax registration must be made no later than 18 calendar days from the moment the documents are accepted for production. When an entity refuses ownership of any objects, thereby confirming their status as ownerless property, an entry is made about this. In addition, he is informed in writing.
Process suspension
Is it even possible to do this? However, to stall the procedure at a certain stage is quite realistic. Legislation provides for cases where the registration process may end. Such situations include, for example, the establishment of the fact that real estate is not ownerless. This can be clarified in the process of studying the submitted documents. When applying to the interested party, the statement of the legal owner that he was refusing the real estate was not provided, or the paper was composed in such a way that it does not follow from their contents that the owner has disowned the right of ownership and disposition. Also in the Unified State Register may be a record that the rights to this object are encumbered or limited. At the same time, the person concerned could not have been unaware of this situation. It is permissible to terminate the production of documents if the body considering the appeal received documents on the arrest of the owner or his official prohibition on transactions with this property. The procedure is suspended for no more than a month.
Explanations
If there is a record in the Unified State Register that the property is under encumbrance or the rights to it are limited at the time of filing the application, the procedure is suspended. The territorial authorities are notified of this. They are also informed of the arrest or prohibition of transactions. In addition, the body that suspended the process notifies the person concerned that ownerless property is currently not subject to registration. The subject, in turn, can provide documents that will serve as the basis for continuing the registration procedure.
Waiver of property rights
Drawn objects are not subject to registration if:
- The legal owner provides a document that indicates that he is again the owner of the property and has the right to dispose and use.
- The owner will provide documents indicating that the actions resulting in the registration of the waiver of the property were not performed by him. These papers may also contain information that the owner did not express his will to terminate the right to dispose, use and own property.
- During the established period, the legal owner did not send any necessary documents. Another reason - from the organization of communication, information was received that it was impossible to give a notice, since the recipient does not live at this address. At the same time, local authorities also do not provide documents from the owner about his waiver of rights to the property. In this case, accounting for ownerless property in such a status is not possible.
- At the end of the deadlines established in the appeal on the suspension of the process, the body that sent the application will not report that the reasons that were the basis for this have been eliminated.
- Not all owners have written a waiver of rights to this property.
- The body performing state registration establishes the real state of affairs regarding the facility.
If in the process of checking documents it becomes clear that the object to be registered cannot be registered with ownerless real estate, since he still has an owner, then the continuation of the proceedings will be refused. Within five days after the decision is made, the authorized body must send a notice indicating its reason.
Unregistration
However, sometimes draw objects find their owner, and such cases are not uncommon. Ownerless property may be deregistered in cases stipulated by law:
- if the entity that has previously expressed the waiver of property rights, again takes possession of the property;
- in case of registration of ownership of this object;
- if the object is transferred to a person by the right of acquisitive prescription;
- if state ownership was registered by a person who was not previously known.
An object is considered to be deregistered in accordance with article 225 from the moment the information is entered into the Unified State Register.
How to return ownership of ownerless property?
The Russian legislation provides for certain guarantees for legal owners. For example, regardless of the date of registration of the property as ownerless, the owner can apply for the transfer of the property to him again. This is permissible if the owner has previously expressed a waiver of property rights, but his legal capabilities regarding this property have not stopped legally. This provision is explained in paragraph 3 of Article 225 of the Civil Code. In this case, the object will be deregistered from the moment the entry is made to the Unified State Register.
Recognition of rights to ownerless property
Drawn objects may be used by a person who is not the rightful owner. The financial body has the same right if the property was seized by authorized organizations within the established competence. In order to legally correctly draw up documents on recognition of ownership of ownerless property, it is necessary to apply to the court, providing the necessary documents, including papers, which confirm the fact of recognition of objects as drawn. That is, you need to provide an extract from the Unified State Register containing the corresponding record. If the court appealed before the expiration of 12 months from the moment the property was registered, the subject will be denied to accept the claim for production.
The application submitted to the judicial authorities should indicate the name of the object, describe the main characteristics, provide evidence of evidence of the owner’s refusal of property rights, confirm that the subject owns the ownerless thing. It is imperative to indicate the date of registration with the Unified State Register and the authority that performed the registration. In addition, evidence must be provided that the legal owner is absent.
Trial
The process of considering a case is carried out with the involvement of all persons who are interested in this matter. In preparation for the meeting, the court will find out the circle of subjects that can testify to the ownership of the property, will send requests to the relevant authorities. After the fact of the refusal of the rightful owner is established, one of the decisions will be made: the property will be recognized as ownerless with the provision of the right of ownership to the person who has taken possession or the property is transferred to the ownership of the territorial entity. This is recorded in the Unified State Register.
Registered title: what's next
After the procedure is completed, the authorized body sends a notice to the executive authorities within five days. All actions are carried out in the manner that is established to notify the owner of a record of an encumbrance or restriction that was not introduced at the request of the latter. When registering the right of municipal or state ownership of previously ownerless immovable property, the notice shall be sent to the address of the subject who has refused the right of ownership. The notice shall include the details of the court decision, according to which the whole process took place.
All actions are carried out in accordance with the rules established to notify the owner of the procedure for state registration of ownership of a municipality or a constituent entity of the Russian Federation on land, from legal ownership rights, which the previous owner refused.