Ownership inherently refers to substantive human rights. In almost all countries it is regulated by law. As a rule, a separate section of the Civil Code is devoted to consideration of the nature and procedure of acquisition, as well as deprivation of ownership.
General concepts of ownership
In the theory of legal science, it is generally accepted that the right of ownership consists of three parts. Which ones? This is the right to own a thing, to use (live in a house, drive a car), to dispose (a thing or property owned by a person can bequeath, sold or gifted). The owner has all rights to the object.
All material benefits or costs of maintaining the property fall on the shoulders of the copyright holder.
Home ownership
According to Art. 218 of the Civil Code of the Russian Federation, taking possession of property takes place in different ways. Registration property rights home is possible in the following ways:
- purchase agreement;
- gift;
- exchange agreement.
But the law also provides for the possibility of inheritance of property. Registration of a private house in the ownership of another person also occurs in the event of the death of the owner. The right to inherit property through a will or by law shall enter into force. We consider each of the processes separately.
Real Estate Purchase Agreement
Buying a property is a contract between the owner of the house at the time of sale and the person who becomes the copyright holder after it. Registration of the house in the ownership of the buyer is fixed by the contract in writing. The main difference between this form of transfer of real estate is the payment for transfer of rights. Prior to the transaction, experts evaluate the market value of the property, and then the buyer and seller also agree on the price. The transfer of money usually occurs at the time of signing the contract or immediately after it. In the event of a buyer having problems with this property, after taking possession of the new property, the contract of sale for 6 months can be terminated in court.
Gift and real estate exchange
Registration of ownership of the house on a free basis is carried out through the conclusion of gift and exchange agreements. But this is only one common feature of these treaties.
So, the gift - this is, in fact, the registration of a residential building in the property for free. The donor shows the will (initiative) in order to transfer the apartment building or apartment to the ownership of another person free of charge. A deed of gift is the actual transfer of property rights without payment.
The contract conclusion form is written, because the registration of a house as a property can be made only on the basis of the provision of written legal documents.
People even now often conclude a real estate exchange agreement. The provision on the exchange agreement is regulated by Chapter 31 of the Civil Code of the Russian Federation. The law states that the registration of a private house in the property by exchange is an obligation to transfer to the ownership of another person certain property or goods in exchange for another. At the same time, the exchange itself can be both free and for payment. It all depends on the area of both objects, because the owner of the house with a larger area may require a surcharge for extra square meters.In Soviet times, real estate exchange was actually the only way to buy an apartment.
Inheritance
Making a home a property by entering into the right of inheritance is very different from contractual methods. As you know, you can enter into an inheritance by will or by law. We consider these points separately.
So testament. This is a document in which the will of a person is manifested about the fate of his property. A will can be only one person, and there can be several recipients, that is, real estate or other property can be divided into several parts.
The right to take possession of property obtained by testament arises after the opening of the inheritance. Legal provisions provide that the hereditary procedure is opened after the death of the person who bequeathed the property.
The will may transfer property not only to relatives, but also to any other person or several persons. Also in this document, the testator may deprive the inheritance rights of people who are entitled to the property of the testator.
The registration of a house in property under the law is a little different, because this procedure provides for the manifestation of the will of heirs to obtain inherited property. There are several lines of heirs:
- first stage - children;
- second stage - brothers, sisters, nephews, grandfather and grandmother;
- third turn - less close relatives.
The heirs of the second and third stages get the opportunity to apply only in case of a complete refusal to purchase property by representatives of the previous stage.
Registration of ownership of the house also begins after 6 months after the death of a person. Those who wish to enter into the inheritance shall submit applications to the notary's office in which the inheritance is opened. After the deadline for filing applications, the notary analyzes the right of each of those who wish to take ownership of the property. The certificate of ownership is issued only to representatives of that line of inheritance, which is the first in a particular situation.
What paper do you need for registration of ownership
Depending on how the registration of the house in the property occurs, documents may need different. To draw up a sale agreement, other contracts, as well as inheritance, the following documents are required:
- Passports of participants in the transaction (to confirm identity, registration and the availability of legal ability to carry out actions, for example, sign documents).
- A document confirming the ownership of the property of the owner who died or sells the property.
- Certificate from the BTI and the registration certificate for real estate. These documents establish the estimated value of the property, which affects the amount of taxes when concluding a transaction. The technical passport is the most important document in which the plan of a house or apartment is approved.
- When registering an inheritance, a death certificate of the testator must be presented.
Of course, other documents not mentioned in this list may be needed, but only in exceptional cases when it becomes necessary to provide additional evidence of legal facts.
Land Ownership
The ownership of land is certified by special notarial documents (state act on a land plot, certificate of ownership of land). Registration of land ownership, home ownership is carried out almost the same procedure. Unless in practice, the conclusion of exchange agreements did not happen in which the goods would be a land plot in a field or near a house separately from other real estate.
Registration of ownership
The final stage of registration of ownership of property under the law is the registration of documents with the BTI (Bureau of Technical Inventory). Without these actions, documents executed by a notary public will not have legal force.
