Recognizing the ownership of the land is a rather difficult operation, especially when it comes to really large disputes. If there are no conflicts with potential land owners, then it will be much easier to implement the task. In any case, today we will get acquainted with the features of recognition of property rights to real estate. In particular, to the ground. With proper and timely preparation, you can minimize the likelihood of negative moments. So what can each potential owner of property face?
The concept of ownership
Recognition of ownership of a land plot invalid or real may occur in different ways. But what are we talking about? What is called ownership? What does she give the owner of the property?
The right of ownership consists of 3 parts:
- possession;
- use;
- disposal.
The owner of the land, if he really is, is vested with all of the above rights. It seems to him the right to completely dispose of his property. For example, if you wish, you can give or sell land. If you want, build a house and live in it. And in general, use the available land as a citizen wants, if this does not contradict the current legislation.
The property is inherited from citizen to citizen. In addition, when it comes to real estate, when recognizing property rights to land or a house, a citizen can acquire quite profitable property. Therefore, the studied disputes in practice are extremely common.
Grounds for Rights
It is important to pay attention to the fact that the recognition of ownership of land and other real estate in Russia often causes a lot of trouble. Especially if you do not know how to act.
In order to rid himself of the bulk of problems, a citizen must have documents of title to the land plot. There are many of them in real life.
Most often, these papers include:
- deed of gift;
- wills;
- notarial certificate of acceptance of the inheritance by law;
- purchase agreement;
- mortgage agreement.
It is these documents that help confirm the fact of ownership of property. More precisely, the fact that a citizen has the right to receive real estate as property. But this is not an exhaustive list.
Other title documents
What else can be useful in the process of recognizing ownership of a part of a land plot or all of the land? If the citizen does not have the listed papers, do not despair. Other legal documents should be sought.
Often, these include:
- pledge agreement;
- annuity contracts;
- privatization agreement;
- state acts and agreements on the issue of land to a specific person or family;
- tickets and other evidence of winning real estate.
All the listed papers really help in resolving property disputes. However, in practice, proving your rights is not real estate is not as simple as it seems.
Recognition methods
How to achieve justice? What are the options for recognizing the ownership of a land plot invalid or valid in practice?
Ideally, the registration of property rights takes place peacefully - through Rosreestr. But as soon as someone disagrees with such a decision, one has to act differently. Namely - apply to the court.
The judicial authorities will study the documents proposed for the lawsuit and make a legal decision regarding certain disputes.
When is it appropriate to go to court
In fact, everyone has the right to come to court for help in resolving any conflicts. But it is not always possible to achieve satisfaction of the statement of claim.
When recognizing ownership of a land plot, the following grounds are most often used:
- Lack of title documents for organizations and individuals. With the help of the court, one can not only establish the fact of using, owning and disposing of property, but also restore the paper to the ground.
- If a person believes that the court decision will accelerate the process of registration of property in the property. In this case, the plaintiff simply tries to avoid state registration in the prescribed manner.
- In the event of a dispute between co-owners of real estate.
In general, any conflict that calls into question the legality of ownership of a property usually leads to a court. This alignment helps to resolve the dispute legally.
Without reason, but the owner
Recognition of ownership of shares of the land occurs in the same way as when establishing the fact of ownership of all property to one person. The difference will be in the documents that are attached to the claim of the established form. But more on that later.
To begin with, it is worth paying attention to the fact that under certain circumstances, any person is able to get land in property. Even the one that already belongs to someone. In this case, the notion of acquisitive prescription is used. What it is?
If a person voluntarily, in good faith, openly and continuously used property, then he can be recognized as the property of this citizen. Only the period of use must be at least 15 years. Such a scenario in practice causes a lot of trouble to citizens.
The concept of "acquisitive prescription"
Now a little specificity regarding acquisitive prescription. It’s not a secret for anyone that it’s just not possible to arrange someone else’s property for themselves. Therefore, the mentioned term has many features. They are in its definition.
So, it is customary to consider use in good faith in which the actual owner of the land did not and should not have known that he did not have ownership rights to the property.
Openness in the issue under study is the fact that a citizen did not hide the ownership of land. Continuity means that a person constantly, during the period established by law, used the property and did not terminate the right to use.
That's all. Now it’s clear how to correctly interpret the concept of acquisitive prescription. If you want to own property in this way, it is recommended that you contact an experienced lawyer. Only he can help in solving the problem.
Recognition Guide
In fact, the process under study causes a lot of trouble to the population. As we have already found out, it’s mainly through the courts to prove your ownership of any property. What steps will have to be taken towards success?
A step-by-step instruction can look like this:
- Get the grounds on which the court is able to recognize ownership of the property.
- Prepare a specific package of papers required to file a lawsuit and make a specific decision by the court. It directly depends on the situation, but some documents will be presented to our attention below.
- Make a claim for recognition of ownership of the land. In it, briefly, but at the same time as detailed, it is necessary to describe the specific situation and ask to secure ownership of the property.
- Pay the fee for the claim in the amounts established by law. It will be different for each application.
- File a lawsuit in court. As much evidence as possible that a person may be the owner of the property must be attached to the application.
- Take part in a lawsuit. Usually, at the end of a court debate, a court order is issued to the parties. It is useful in Rosreestr for registration of property rights to real estate.
Perhaps this is all. If the defendant does not agree with the decision, he can appeal it in a similar way. In words, everything is simple, but not in practice. The procedure for recognizing ownership of a land plot through a court is now understood.
Fees
A huge role is played by the issue related to the payment of the state duty for the statement of claim. As already mentioned, the citizen claimant must pay for filing a claim. Without an appropriate payment document simply will not be accepted.
How much specifically to pay for the recognition of ownership of the land? The state duty, as we have already found out, will be different. It depends on the inventory value of the property. Usually, the cadastral price is taken into account.
The price of the claim may not be lower than the inventory assessment of the property. If there is none, then no less than the cost of an insurance or balance sheet property.
It is also important to pay attention to the fact that the state duty is set as a percentage of the value of the claim. Usually you need to pay 0.5% of the cost of the application. But at the same time, the payment should not exceed 60,000 rubles.
For example, for a claim for recognition of ownership of a land plot that costs more than 1,000,000 rubles, 13,200 rubles and another 0.5% of the value of the property should be paid.
About Documents
A statement on the recognition of ownership of the land written? It will not be accepted without certain documents. They, as already mentioned, depend on the specific situation.
Nevertheless, most often a citizen needs:
- lawsuit;
- ID of the plaintiff;
- a check that indicates payment of a fee in established amounts;
- title documents for land (if any);
- evidence indicating the possibility of recognition of ownership of the plot;
- marriage certificate (if any);
- receipts and other certificates capable of establishing the fact of shared ownership;
- cadastral passport for property;
- extract from the Unified State Register;
- technical passport of the land.
This is by no means an exhaustive list of documents, but it is usually needed in any circumstances. Worthless will be testimony. Often, it is witnesses who have a considerable influence on the course of property disputes.
About writing a lawsuit
Now it is worth considering some features of writing a statement of claim. Recognition of ownership of the land in court without this paper does not take place.
Fortunately, there are no essentially difficult moments in writing a lawsuit. It is enough to follow the general principles of conducting business correspondence. The structure of the document is standard:
- "cap";
- name of the document with clarification;
- main part;
- appeal to the court for recognition of property rights;
- list of attached documents;
- conclusion.
In the main part, as we have already said, it will be necessary to write the full history of a particular case. This describes the situation in which property rights to property arise. Usually this component does not cause any problems.
In conclusion, they write the date of appeal to the court of general jurisdiction, as well as sign the plaintiff.
Practice
The practice of recognizing ownership of land, as well as for any other "immovables", is ambiguous. The thing is that in life there are different situations. And far from always appeals of the plaintiffs are expedient and legal.
That is, once a citizen will be helped to recognize property rights, in some cases this is impossible. For example, the plaintiff built a house on the land.At the same time, a citizen tried to privatize the land together with the house, but he was refused because documents on property rights to the house were not submitted. The court will satisfy such a claim - it recognizes the ownership of both real estate. This alignment can be considered exceptional. The fact is that the court usually recognizes the ownership of the house, and not the land in such circumstances.
Special court proceedings
But the features do not end there. Sometimes you can register ownership in the absence of title documents. In this case, the court will consider facts and circumstances that have legal significance.
Recognition of the ownership of the land during a special court proceeding is possible if the plaintiff is able to prove that he could not receive or restore the title documents. The application is filed with the court at the location of the land.
Summary
Regarding the citizen, was his recognition absent? The ownership of the land in this case has not yet passed to the heirs. Usually a person is recognized not only missing, but also dead. Then the inheritance opens. And the heirs receive property rights to the property of the deceased.
If someone does not agree with the division of property, he can go to court. Especially if there are no testamentary documents. The recognition of the right of shared ownership of the land in this case occurs mainly in the courts.
In any case, now we understand all the features of securing ownership of real estate. A court ruling will help to register them in Rosreestr in the future.