The Civil Code of Russia provides for legal protection in various sectors of human life. For example, if someone illegally seized someone else's property or interferes with the owner's normal use of their possessions, then you can file a vindication lawsuit and a negative lawsuit.
In both cases, there are some features of the protection of their rights that are useful for absolutely everyone who owns real estate, land, commercial premises and others. Unfortunately, very often property rights violated by neighbors or enterprises if the owner leaves his property without the necessary supervision.
What are the ways to protect property of citizens
Vindication and negative lawsuits are two forms of protection of property rights of citizens. He is brought to court by the owner in the manner specified for this.
There are also binding legal methods that help the owner fight for his property. These include, for example, protection of the rights of citizens who conclude a deal between themselves. In addition, this category includes methods of compensation for harm caused.
Sometimes citizens file a lawsuit to recognize their property rights or to release the arrested, mortgaged property. In this case, the rights are protected in accordance with the general rules of civil law. That is, the owner must report to the court in order to return or defend his rights to a particular property.
What will be required to satisfy the complaint?
In order for the owner to consider the claims in court and make a positive decision, it is necessary to present a negative claim and a series of evidence:
- Documents on property in relation to which disputes are being conducted. Be sure to present a certificate of property and, if necessary, a cadastral passport and plan.
- Evidence that the ownership of a particular object is violated or there is a threat that they may be violated by the activities of an individual or legal entity. For example, if there is a development project that will prevent a citizen from fully utilizing his property, then you need to submit it to the court.
A negative lawsuit will be satisfied if the rights of the citizen were actually violated, regardless of whether they launched activities on their land or on someone else's.
What requirements does the application contain in court?
This type of complaint is submitted to the court personally by those citizens who require the protection of property rights. A negative lawsuit may contain various requirements:
- eliminate existing violations;
- prevent the occurrence of such in the future, due to the intentions of the defendant (if the threat of violation of rights for the owner is obvious).
As a result of filing a lawsuit, it is possible to demand and achieve a ban on the construction of a new building at a time when the project is at the development stage and construction work has not begun. Recognize the legitimacy of the requirements only if the building will really interfere and violate the rights of the citizen to use his property.
If a negative claim is considered within the framework of the court session and satisfied, then the applicant is recognized as the subject of law, and the offender is recognized as the subject of the obligation.
When a complaint may not be satisfied?
But sometimes the violation of the rights of the owner occurs within the framework of the law, and the complaints cannot be satisfied, since there is a certain need for the activities of the defendant.Such cases include laying a trench near the owner’s house, building a new road, erecting the necessary barriers, and more. In such circumstances, citizens have no opportunity to file a lawsuit and demand the cessation of actions that could violate their rights.
Another option, when citizens have no way through the court to stop construction or other work that interfere with the use of their property, is a situation where the defendant received the necessary permissions from the relevant state authorities in advance. That is, there is no opportunity to stop the legal construction by filing a lawsuit.
Vindication Claim
This complaint is another option. protect property rights citizens of the Russian Federation. It is used in case of loss of a specific property from the actual possession of the owner. The requirement is the forced release of another's property and return to its owner. That is, a vindication lawsuit is a claim of a non-possessing owner, addressed to an illegally possessing person to return a thing to the owner in the form that it had upon seizure by the violator.
This type of application is aimed at protecting the rights of citizens who, for certain reasons, have lost the opportunity to own, use and dispose of their legal property. For example, if an illegal activity of third parties is unfolding on a land plot owned by a citizen (construction, subsidiary farming, etc.).
Judicial Claims for Vindication
In order for the lawsuit to be considered and satisfied within the framework of the court session, the following is required:
- Prove ownership of the subject matter.
- To prove that the property is in the possession of the defendant is illegal.
- The statutory limitation period of 3 years has not expired at the time of the presentation of the claim.
The defendant in such a case is recognized as the illegal owner of another's property. This may be a person who arbitrarily seized someone else's property or a person who bought a thing from someone who did not have any rights with respect to this property.
There are two scenarios for those who illegally own someone else's property. In the first case, the defendant acquired the property by law and in advance did not have the opportunity to know that the thing has an owner. That is, a citizen bought, for example, an apartment, formalized the transaction by law and uses his acquisition, not knowing about the existence of another copyright holder. In this case, it is not possible to claim property through a court.
The second option is a situation where the illegal owner knows that he is managing someone else's property to which he has no rights. In this case, the property will be claimed in favor of the owner without any restrictions.
Differences between Negative and Vindication Claims
It is worth distinguishing between the two existing types of complaints and requirements for removing obstacles that violate the right of ownership. Vindication lawsuit, negative lawsuit - these are two different statements. Their main difference is that in the first case, the property is not in the possession of the owner, and in the second, the citizen continues to have rights to the property.
We can say that the protection of rights by a negative claim is the defense of the possibility of using property, and not owning it. It is important to note the fact that the civil code does not contain the statute of limitations for a negative claim, therefore, the period of violation does not affect the satisfaction of the applicant.
Who can file a claim
The legal owner of a particular property may demand that all factors that prevent him from using or owning property be eliminated by filing both a vindication claim and a negative claim.A similar right belongs to a person who, not being the owner of the law, can use the property for life (manager, relative registered in the apartment, heir, manager according to the agreement with the owner).
