With confidence we can say that in our time there is a rapid development of workflow to establish property law. At the same time, the process of paperwork has many nuances, and it will be quite difficult for an inexperienced property owner to understand them.
It is in a difficult situation that it will be necessary to prepare
a statement of claim on the recognition of property rights, since there simply is no other way. The market for any kind of real estate has a fairly wide range of participants. All of them are connected with the inevitability of a clash of the most diverse property interests. This fact determines the need for professional use of existing civil law methods that can be used to protect the right to own property.
A correct statement of claim for the recognition of ownership must be written in accordance with the established norms of the law. This is prescribed by the legislator and is indicated in article 12 of the Civil Code of the Russian Federation. Note that in Soviet times, when the bulk of the property belonged to the state, civil law nevertheless singled out a statement of claim on the recognition of property rights as an independent way of protecting the rights of the owner of the premises.
Today, a completely new registration system is being applied for residential and non-residential property rights objects, which was completely absent in Soviet times. The state gave a lot of time to citizens to bring their package of documents regarding property in accordance with the law. However, due to some circumstances, many citizens did not contact the competent authorities and did not carry out the necessary work.
If it becomes necessary to recognize property rights in court, the plaintiff in such a case should directly be the property owner. The plaintiff who submits a statement of claim for the recognition of ownership must prove on what basis he claims for a particular property. According to experts, the peculiarity of such a statement of claim is that the owner requires the court to establish the fact that the property belongs to him by right.
In order to receive recognition of ownership, the statement of claim must be written correctly. The application itself should begin with a heading that states the name of the court and its address.
Then the plaintiff must indicate all the information available to him about the defendant, as well as third parties. Next is the text itself, in which the applicant should describe his position as much as possible, as well as all the details and facts on which the further proceedings will be built.
A statement of claim for the recognition of property rights should be prepared in an amount that is sufficient for everyone involved in the case. It should also be remembered that if the application is not drawn up in accordance with established standards, it may not be accepted and sent to the plaintiff for revision.