Everyone understands what ownership is. However, few people realize that it can be abandoned. The law stipulates that such a refusal indicates that the person will not put forward any rights to property in the future.
Subjects
Make a waiver of ownership of real estate can any person, physical or legal. Municipal and state bodies do not have such a right, since they do not own property, but only use the state.
The right of ownership is the right to dispose, use and own property at its discretion. The owner can even transfer property to third parties for use, while not losing their rights to it.
Legislative framework
The Civil Code clearly spells out situations when the owner is deprived of his rights to property (Article 235):
- alienation;
- renouncement;
- destruction;
- loss of right.
The disclaimer of ownership may be through certain actions or by announcement. Failure means that the owner will not make any claims in respect of this property in the future. Only individuals and legal entities can deny it, neither the municipalities, nor other subjects of the Russian Federation have such a right.
What is deprivatization?
This is the exact opposite of privatization. The owner announces the waiver of ownership and returns the property to the state.
Most often this happens if the housing is demolished or it has several owners and the rights of one of them are strongly infringed by other owners. However, in the latter situation, deprivatization is possible if all owners refuse immediately. It is possible that a person refuses because of the impossibility or unwillingness to fulfill obligations in relation to property that were received together with the right of ownership.
Procedure and necessary documents
To undergo the deprivatization procedure, you will need to collect the following documents:
- disclaimer of ownership (application);
- copy of the passport;
- the original document confirming the right to a certain property;
- original technical passport;
- copies of extracts from personal accounts;
- extract from the house book;
- document confirming the absence of encumbrances;
- receipt of state duty payment.
Documents must be submitted to local authorities. On average, the duration of the deprivatization procedure is 1 month. The registration of the refusal itself is carried out by the registration service only one year after the date of application. Throughout this period, the owner has the right to cancel his decision while the property is in ownerless status. The owner completely loses all rights after the acquisition of this property by another person.
It should be remembered that only those persons who received this property in the privatization process can go through the deprivatization procedure. If the housing was obtained as a result of registration of the sale, by gift or by inheritance, then the waiver of the right of ownership is not possible through the deprivatization procedure.
Inheritance Law
Very rarely, but it still happens that the heir does not want to take property. In this case, he has the right to submit an application. However, it is not necessary that the waiver of the right of ownership has an indication in whose favor the inheritance is transferred. If there is no indication of anyone, then the hereditary mass is divided between the remaining heirs in equal parts.
Such a statement is drawn up at a notary's office. If we are talking about a minor or a legally incompetent person, then a refusal can be made out only after agreement with the authorized bodies, which must check whether there is an infringement of the rights of the heir.
It should be remembered that all debts are transferred to the heir along with the property. For example, if the testator did not pay for utilities for a long time, then the heir will have to pay. Not subject to cancellation of the voluntary abandonment of the estate.
Land legislation
The disclaimer of ownership of the land is made in the same way as the renunciation of housing. A person must contact the local authorities, directly to the regional office of Rosreestr, with a statement. Together with the application, it is necessary to submit a document confirming ownership, a copy of the passport. If the renunciation occurs from a legal entity, it will be necessary to submit the protocol of the founders with the consent to such a procedure.
Registration of refusal is carried out within 5 days. During this period, the right is registered for the new owner, as a rule, local authorities act as such.
If the land is obtained as a result of privatization, then the abdication is carried out according to the deprivatization procedure.
How to refuse a share?
Alienation from the share is not possible through the deprivatization procedure. It is allowed to sell parts under a contract of sale, transfer through a gift. It will be necessary to prepare a technical passport, obtain consent from the other owners for alienation, and contact a notary public.
Ownerless Property Acquisition Procedure
Such a procedure takes place in three stages and is prescribed in the Civil Code and the position of the Government of the Russian Federation, approved by Decree No. 580 of September 17, 2003.
The first stage is the recognition of property as ownerless. Such a statement to Rosreestr is submitted by a representative of the municipal authorities. In this case, it does not matter whether someone lives in such a house or any activity is carried out.
The second stage is the requirements of the municipality to recognize ownership of it. The whole year is allotted to this procedure, and the question itself is decided in court.
The third stage is the recognition of property rights, although there may be another option for the development of events.
Most often, however, the court for the municipality recognizes the right of ownership. But a court’s refusal to recognize property rights can also be obtained if the applicant fails to prove that this is really ownerless property. In this case, the actual owner again has the right to acquire ownership by virtue of acquisitive prescription.
How to cancel a refusal?
Such a procedure is possible only through going to court. For this, the interested party must draw up a statement of claim, collect evidence. The grounds for cancellation may be as follows:
- if the abdication was carried out in an inadequate state, that is, the “refuser” did not understand what he was doing at a particular moment;
- if the refusal was made in a state of delusion or under pressure;
- if the beneficiary took advantage of the difficult circumstances of the actual owner.
It is allowed to provide certificates from medical institutions, to attract witnesses. That is, you can provide any evidence that the refusal to recognize ownership was made under pressure or in an inadequate condition and so on.
It is necessary to go to court within 6 weeks from the moment the actual owner realized that there were grounds for declaring his application invalid. In the case of a failure under threat, this can be done immediately after eliminating such a threat. Persons who are temporarily outside the Russian Federation are entitled to apply to the court for 6 months.
Longer terms for contesting the refusal are not provided, that is, if you go to court in 10 years, then the plaintiff will definitely be refused.
Do not forget about the notary, it is he who certifies the rejection. Naturally, the notary will prove in court that he did everything to correctly execute the transaction. Indeed, the recognition of the invalidity of the refusal will adversely affect his professional activities.
If registration is denied
Regardless of the procedure for acquiring ownership, it must be registered with Rosreestr without fail. However, often applicants are denied state registration of property rights. Naturally, if the applicant simply did not attach all the documents, then they can be collected and submitted again for registration. But if there are no visible reasons for refusal, then the actual owner has the right to appeal against such a decision in court. Before going to court, you can turn to a higher authority and file a complaint.
The time limit for judicial appeal of a refusal is 3 months from the moment of its receipt. It is allowed to restore the missed deadline if there were really good reasons for this.
It is important to know that the presence of a dispute regarding the boundaries of the land is not a reason for making a negative decision.
The applicant has the right to file a refusal to register ownership, he also has the right to temporarily suspend the procedure. However, the registration procedure can be suspended for a period not exceeding 6 months.
After the trial, if the plaintiff's requirements are satisfied, Rosreestr employees no longer conduct a legal assessment of the decision. Simply put, if the actions of employees of the registration service are recognized as unlawful, then the court decision must be carried out unconditionally.
If it comes to suspension of the registration process, then such an application can be submitted only once. In cases where documents are submitted for registration regarding real estate that was acquired through a mortgage loan, the application is submitted not only from the owner, but also from the creditor bank. In cases where after 6 months the applicant has not filed a request for the renewal of the registration procedure, the employee of Rosreestr independently renews it, completing the registration, or refuses.
Taxation
According to the provisions of the Tax Code, the refusal of the owner of the right of ownership does not relieve him of property obligations until this asset is acquired by a new person. Simply put, until the land or construction has not received a new owner, the applicant will have to pay the property tax. This position is enshrined not only in the Tax Code, but also in the Civil Code (Article 236).
Conclusion
According to the provisions of the Civil Code, the owner has the right to refuse both real estate and movable property. The refusal must be in writing. Refusal by non-use of property is not allowed. For example, if you simply do not use the land and assume that this is a rejection of it, it is not allowed. In some cases, the actions of such persons can be regarded as an offense: for example, if the land was allocated for individual housing construction, then the construction should be completed within 3 years.
It should be remembered that the refusal does not entail the automatic termination of the right to property. You will have to pay property tax for it and monitor its condition until a new owner appears.