Every person wants to be the master of something. For this, property rights must appear. Otherwise, the citizen will not be considered the owner, he will not be able to legally dispose of the objects. This topic has a huge number of nuances and features. If you learn about them, you will be able to fully understand the essence of the right of ownership in a particular case. Next, we will study the derivative methods of the emergence of property rights. Also, do not forget about the initial reasons in which a person will be able to act as the owner of the property. What will you have to remember about all this? How can I get and take ownership of certain objects? What difficulties do most citizens face?
Definition
First, we will try to find out what are called methods of origin of property rights. It is not clear to everyone what this is about.
This term describes the legal facts that must be present in order for a person to formalize property rights. In simple words, this is how different events and deals are characterized. For example, with real estate.
Components
In Russia, all methods for the emergence of property rights can be divided into several components. We have already met them. What exactly is meant?
Derivatives and initial methods of the emergence of property rights are distinguished. There are no more options for the development of events. Legally relevant facts regarding this topic are divided only into these 2 categories.
Derivatives - Characteristic
Let's start with the most common scenario. It's about derivative methods. What is meant by them, we will find out later. To begin with, it is important to be aware of what this concept means.
Derived methods of the emergence of ownership of a thing or object are those events in which property is transferred from one owner to another. In more detail they will be disassembled later.
Characterization of the initial methods
And what are the original methods? They are not found very often in real life. As a rule, you have to follow certain rules to register yourself as the owner of something.
The initial methods of obtaining property rights are circumstances in which the corresponding rights arise without transferring property from person to person. That is, there will be no renewal.
Components of the original
Now consider each category in more detail. The initial and derivative methods of the emergence of property rights to property are known to every person. Only not everyone can divide legal events into these two categories.
Let's start with the original methods. They, as we have already said, are quite rare in reality, but they still occur. These include:
- the creation of things;
- misappropriation of orphaned items;
- winnings;
- use of acquisitive prescription.
As you can already see, these are really not the most common situations. Therefore, we will not devote much time to them. Let's move on to more important and frequently encountered methods.
Derivative List
The derivative methods of the emergence of property rights are diverse, they can be listed for a very long time. Nevertheless, almost every modern citizen is aware of them. In particular, to the owner of the property.
The following operations can be attributed to this category:
- purchase of real estate and other objects;
- giving;
- inheritance;
- exchange;
- buyout;
- mortgage;
- privatization.
What happens under certain circumstances? What features do these operations include?
Sale and purchase
The derivative method of the emergence of ownership refers to the contract of sale. Buying objects is the most common case of becoming the owner of the property. In this situation, ownership will pass from seller to buyers. The second may be organizations and any citizens.
The title document is the contract of sale. He will help register ownership of real estate in Rosreestr.
When does a person become a full owner of a purchase? If the contract does not say anything about this, then from the moment of its conclusion. But, as a rule, it is generally accepted that property is subject to registration after full payment. In support of this event, the seller issues a special receipt.
Mortgage
Derivative methods of acquiring ownership include mortgage agreements. Despite the fact that a citizen takes property on credit, it will still be considered to belong to the debtor.
Until the full payment of bills, legally important transactions with property can be carried out with the consent of the creditor. A mortgage agreement in the future, together with loan payments, will be the basis for registering rights to "real estate".
Privatization
In Russia, people are quite actively privatizing housing. This is also a derivative way of ownership. Only in this case they are transferred from the state to a private person.
Only citizens registered in housing and having either a warrant or a social contract of employment can hope for privatization. Third parties who are in no way associated with the apartment / house cannot exercise this right.
In Russia, one free privatization is available. After contacting the housing administration and reviewing a package of documents prepared in advance, an agreement on privatization is concluded with citizens. This title paper will come in handy in the future when registering property rights.
Exchange and redemption
Derivative methods of acquiring property rights include foreclosures and exchanges. In the first case, it means something like buying rights to an object. They are redeemed from the owner.
During the exchange, it is not hard to guess, there is a replacement of property rights between all participants in the process. The relevant agreements are signed by a notary, after which they can be used for state registration. Every adult citizen is able to participate in the processes. If children are involved in the operations, then their interests are represented by the parents and guardianship authorities.
Inheritance
A derivative way of the emergence of state ownership is operations such as the redemption and inheritance of property. More precisely, the transfer of ownership to the state in the absence of the testator and heirs. Or if they all give up property.
However, most often this does not happen. And therefore, inheritance is considered as a derivative way of the emergence of property rights among the population.
You can enter into the inheritance by law and by will. In the first case, only relatives of the deceased citizen participate, in the second - any persons and organizations indicated in the testament document.
The design process involves a visit to a notary. An authorized person will issue a certificate of acceptance of the inheritance. With its help, six months after the death of the testator, it will be possible to issue a certificate of property rights.
Gifts
The derivative method of the emergence of property rights includes gift. This form of transfer of property rights is becoming more and more common. Especially after marriage.
This is due to the fact that gifts are recognized as personal property, which leads to their indivisible status.When divorced, donated objects are not divided. This is possible only in exceptional cases.
A gift agreement can be drawn up and executed at any time by the current owner. The main thing is that he be competent. The whole object or its part is presented as a gift.
The agreement is executed by a notary public. If a person decided to donate the property acquired during the marriage, then the operation requires the consent of the spouse.
As it is not difficult to guess, under such circumstances, title deed will be a deed of gift. It is preliminary (providing for the transfer of rights to the object in the future) and ordinary. The donee is considered the owner of the property after the signing of the agreement.
About registration
We have studied the derivative methods of the emergence of property rights. They did not forget about the initial ones either. It has already been repeatedly said that after obtaining the status of the owner, you need to register your rights. This can be done in Rosreestr, in the MFC or in the cadastral chamber.
Usually it takes about 5 days to issue documents on ownership of real estate. A person is issued an extract from the Unified State Register, which will serve as confirmation of the status of the owner.
Prior to registration with the Rosreestr, a citizen can be considered the owner of the object? Yes. By law, this is so. But in reality, without state registration, it will be problematic to prove the mentioned fact. And to perform legally significant operations also does not work.
Accordingly, without registration in the State Register, a person will be a full owner, whose rights are partially limited by realities.
Documents for registration
What is useful to a person for registering property rights under any circumstances? There are not so many papers.
These include:
- identification;
- receipt of paid duty (not always);
- title documents;
- papers on property, if any;
- birth certificates (for minors).
Derivative methods of the emergence of property rights (nationalization, privatization, and so on) are found everywhere.