The limitation periods for real estate transactions are essential for the proper filing of a claim. Skipping at least one day will lead to the fact that the claim is denied, and its restoration is not always available.
Cause of the problem
Legally relevant actions with real estate affect the interests of a wide range of people. You can not discount the price of the issue. Even in remote areas, housing costs a lot of money for local residents.
Due to housing, lawsuits last for years, and lawsuits are filed more than once. In this regard, the legislator has made changes affecting, in particular, real estate transactions - deadlines have been set. Now let's talk a little about the timing.
Legislative regulation
What regulates the limitation period? By the civil code? Not only them, there are also LCD and Family Code. The Civil Code is applied in that part where the relations of the parties do not fall for some reason under the influence of industry regulations. This is found in judicial practice in family matters.
For example, the statute of limitations does not apply to family disputes, unless otherwise specified in the Family Code. The calculation rules specified in the Civil Code apply.
Separately, the law governs the statute of limitations in the event of harm resulting from a terrorist act. Material damage may be recovered within the statute of limitations of the crime. If damage is caused to human health or life, a claim may be filed without time limit.
Statutes of limitations
The legislation gives citizens the right to protect their interests in various ways, in particular by applying to the court. The limitation period for real estate transactions means the following. There is a time limit for going to court. Until the deadlines are reached, the interested parties or someone else in their interests is entitled to start filing a lawsuit.
In parallel with civil law, criminal law may apply. We are talking about fraud and other crimes that affect the rights and interests of citizens and organizations. Here, the terms apply primarily based on the provisions of the criminal law.
Variety of terms
The law distinguishes two types of limitation periods for real estate transactions: general and special terms.
The total term allocated to appeal to the court for the protection of one’s rights is 3 years. There are a number of exceptions:
- 3 months are given for the transfer of rights in a transaction of alienation of a share in a common property;
- 2 years is given to victims of poor-quality construction work (affects the buyer of the property);
- 5 years is given when identifying significant deficiencies made during improper construction (the process has been disrupted, poor-quality materials have been used).
Calculation Rules
As a general rule, the limitation period for real estate transactions is calculated from the day when violations should have been known or become known. The countdown is continuous.
If the interests of several people or organizations are simultaneously present in the dispute, the course of time for each of them is calculated personally. So, one claimant may be denied a claim, and the second - not, only because of a discrepancy in dates.
If the rights of a person whose interests are represented by a legal representative (guardian, trustee) are violated, then the time is counted from the moment of receipt of information about violations.If the violation took place on the part of the representative, the period shall be counted from the moment when either the person regained the ability to defend his rights or the information became known to another legal representative. This includes guardianship authorities.
In the case of legal entities, the countdown is carried out after the relevant information has been received by the authorized body or individual having the right to represent the interests of the organization.
Innovations
In 2013, the law introduced a rule establishing a limitation period of 10 years. Innovation affects all legal relations, with the exception of not falling under the statute of limitations.
It is counted from the day when the right was violated. It does not matter the moment when the plaintiff found out about the violation. Neither extension nor restoration is permitted. In fact, it was introduced in order to avoid situations when a court case is instituted decades later and the stability of civil circulation is violated.
How then does the limitation period and contestation of real estate transactions come together?
- Firstly, taking into account the 3-year period of time.
- Secondly, within 10 years from the date of violation of rights.
That is, it will not work in any way to restore the term after 10 years from the date of violation with valid reasons.
Claims for acquisition transaction
How is the statute of limitations for contesting a sales transaction calculated? There are no features. Everything is done according to the above rules.
The legislation has provisions according to which the flow of time is suspended. We list them:
- there were force majeure circumstances precluding the possibility of going to court (natural, natural disasters, etc.);
- the plaintiff is part of the Armed Forces of the Russian Federation, which are transferred to martial law;
- the action of a law or other regulatory act is suspended.
Such circumstances matter if they occurred during the last 6 months of the term. If the term is equal to or less than 6 months, then they are relevant throughout the term.
As soon as the reason for the suspension disappears, the term continues. If the remaining length of time is less than 6 months, it is extended to 6 months. If the statute of limitations is less than six months, then the extension is made up to the corresponding period of time.
Finally
The statute of limitations when contesting real estate transactions is an important element in protecting the rights of citizens and organizations. Their omission entails the refusal of the court to file a claim if the statement was made by the opposite party (the opinions of third parties are taken into account if there is a likelihood of a lawsuit against them from the defendant).
Not so long ago, the law was amended to limit the restoration of the statute of limitations to 10 years from the date of violation of the law. A period of 3 years begins to flow from the moment when the plaintiff became aware of the violation or he should have known about it.
Thus, the law set a limit, protecting the stability of civil circulation, excluding abuse of the right by unauthorized persons.