The recognition of land ownership is a process that interests many citizens. It allows you to fully dispose of the site to one degree or another. And no one can take the land from a citizen. This is especially true of cases when a house suitable for living was built on the site. If you leave the land empty, then you can seriously suffer. For example, if the state wants to put this particular piece into operation. To prevent this from happening, you have to file a lawsuit for recognition of land ownership. This is a very difficult process, which is fraught with many features. What should I look for?
Privatization or redemption
The first point requiring clarification is what registration of property rights a citizen claims to be. There are two options for the development of events - redemption or free acquisition of real estate ownership through privatization.
This moment plays an important role. Especially when filing a lawsuit. Depending on the situation, the list of documents that need to be submitted to the judiciary will change.
Also, the lawsuit itself will have a difference. In the first case, a lawsuit is filed for the redemption of the land with the subsequent recognition of property rights to it. In fact, the citizen wants to redeem the land and the article by its owner. In the second case, we are talking about a claim for property rights to the site. It is more difficult to defend a statement in this situation than it seems.
Ground Documents
The next step is the collection of documents. A huge role is played by the grounds for recognition of land ownership. There is no way to do without them. If a citizen does not have any papers that can serve as grounds for satisfying the lawsuit, one can not hope for success. What could it be?
It all depends on the situation. Therefore, you should initially thoroughly study on what grounds the use of one or another site generally takes place. Recognition of ownership of land under a house or any other real estate usually proceeds without any particular problems. Indeed, in this case, the grounds are - this is the ownership of the building, which is closely connected with the site. That the claim was satisfied, you can provide as grounds for:
- certificates of ownership of the buildings and buildings produced on the site;
- land / house / garage rental agreement;
- sales contract (both land and buildings on it);
- certificate of inheritance (testament including).
Accordingly, in the presence of these securities, a citizen can recognize the legal rights to a land plot. It often happens that there is a document on home ownership, but it does not indicate any information about the land. How to be in this situation?
Without specification
Recognition of ownership of land under a garage or house is the simplest thing. Moreover, in court, and without it. If there are documents confirming the redemption of the site, you can do without a judicial debate. But what if the citizen just has a certificate of ownership of the building in a particular territory?
Many believe that in court they will have to defend their opinions for a long time. In fact, the population should know - Article 35 of the Land Code of the Russian Federation will help to quickly solve the problem. It says that if there are documents on home ownership, if there is no clarification about the site, then the entire territory under construction is automatically recognized as the property of the plaintiff.
But with the adjoining land will have to try. Recognizing the rights to it can be very problematic. Some people just prefer to buy the land and not worry. This is a good solution, but it does not suit many.
Where to go
Where to file a claim for recognition of land ownership? This question worries many. Indeed, often citizens turn to the wrong place. And so the application process is getting complicated.
In this case, the lawsuit is filed with the courts of general jurisdiction. You will need to contact either the city or the district judicial authority. But no more than that. No arbitration courts. The Supreme can also be forgotten.
A claim for recognition of ownership of land is filed at the location of the site. For example, if the plaintiff is in St. Petersburg, and the real estate is in Moscow, then you will have to turn to the Moscow court of the district to which the land and buildings on it belong.
Cost
The next point is the cost of the question. The thing is that filing a lawsuit is not always a free process. Recognition of the right of ownership of land will require the payment of a state fee for holding the relevant meeting. How much will the government have to give?
It all depends on what kind of lawsuit is being filed. If we are talking about the recognition of land ownership as a free privatization, then you need to give only 350 rubles. That is how much in 2016 it costs to submit an application to a district or city judicial authority.
But when it comes to the preliminary repurchase, you have to understand the exact cost of the state duty. The thing is that in this situation it is necessary to calculate the market and cadastral value of land. And proceeding from it, pay certain percentages. The higher the cost, the greater the payment. Therefore, the exact amount will have to be reported when evaluating the site.
When to go to court
In total, there are several options for the development of events when it is advisable to carry out the recognition of land ownership by applying to the court. After all, usually with the presence of documents-grounds, you can do without judicial debate. When is the best time to assert your rights with the appropriate authorities? The following circumstances are distinguished:
- The plaintiff does not have documents on ownership of the land.
- Refusal from privatization or from registration of ownership, use and disposal rights by the state.
- If they do not allow a citizen to buy land for no reason.
- When the trial will allow you to quickly get the land in the property compared with its purchase from the state.
The rest usually turns out to be without a court hearing. But how to file a claim for recognition of land ownership? What other features of this process should plaintiffs know?
Content
For example, the content of the statement of claim. It should be composed according to a specific template. Wrong lawsuit is a postponement of the trial. Therefore, it should be clearly understood what data should be indicated in the application. The "claim" on recognition of the right of ownership of land without fail reflects:
- name of the court to which the appeal takes place;
- contact details of the plaintiff and defendant;
- FULL NAME. and personal information about the parties;
- Description of the land plot and objects located on it;
- circumstances in which a need arose to file a claim;
- requirement for recognition of land rights;
- the grounds on which the citizen files a lawsuit;
- date of filing the application with the signature of the plaintiff.
All this is a mandatory claim item. Without them, an application for recognition of land ownership will not be accepted at all. But this is not enough. What else will you need to apply to a district court?
Documents for circulation
It all depends on the specific situation. It should be noted that the lawsuit is far from the only document requested by the relevant authorities for judicial debate. The plaintiff will have to additionally try and attach the following list of papers to the application:
- passport data (personal, copy of passport);
- documents-grounds for the recognition of ownership of the land;
- receipt of payment of state duty;
- cadastral passport for the property indicated in the lawsuit.
The timing
So, the citizen went to court. The recognition of the right of ownership of land will be issued if there are legal grounds for this action. But how long does it take to execute a result?
The statement of claim in the district courts should be considered within a month (or rather, 30 days) from the moment of its submission. If a citizen used the mail to carry out the idea, then the specified period is counted when the relevant authority received the application.
Judicial recognition of land ownership is not such a rare occurrence. Only now , the limitation period in this case is 3 years. So, it is far from always that after satisfying the application, a citizen can relax. During the first three years, the state or organization has the right to appeal the court decision.
After the trial
The suit is behind. The recognition of land ownership has occurred. Litigation often encounters similar phenomena. And often claims are fully satisfied, and refuting them is very problematic.
After the court session, the recognition of property rights to the site cannot be called complete. A citizen will have to do something else. As soon as the application is considered in court, the plaintiff will be given a document - a court opinion. It will come in handy later.
Now it remains to obtain a certificate of ownership of the land. To do this, you must contact the registration chamber or Rosreestr. The former plaintiff must provide a number of documents in order for him to issue the corresponding certificate (now an extract from the Unified State Register of Unlimited Acts). You will need to bring:
- judicial opinion;
- ground documents, which were presented in court;
- citizen's identity card (passport of the Russian Federation);
- application for registration of property rights;
- cadastral passport.
After the citizen will be issued an extract stating the date of receipt of the certificate of ownership. Additionally, per person may require:
- extract from the BTI;
- land surveying results;
- results of geodetic work.
Next, just wait for the appointed date. And after coming to Rosreestr for a certificate of ownership. For this you will need to present a passport. Only now we can call the process of recognition of land rights fully implemented. By the way, in addition to the registration chamber and Rosreestr, you can apply for paperwork at the MFC. Only then obtaining the appropriate certificate will take more time - it takes about 45 days to complete.
conclusions
What conclusions can be drawn from the foregoing? Recognizing ownership of land under or near a house is not so difficult. With proper preparation, it will be possible to put the idea into practice without much difficulty. The main thing is not to forget to issue the appropriate certificate after the trial.
It is rare that a court takes the side of a defendant in a given situation. Especially if the citizen decided to buy the land. Therefore, we can hope for a win. All that is required of a citizen is to file a lawsuit correctly and attach all the relevant documents.
But when you issue a certificate of ownership of land in this situation, an additional receipt is attached, confirming the fact of redemption of the land. This is the only nuance to be taken into account.