Ownerless property. Civil Code

The Civil Code considers ownerless property as a thing that can be used by any entity, if this is not disputed by its legal owner. Let us further consider the features of such material values.

Definition

What is ownerless property? Civil Code in Art. 255 contains a definition of such things. They are called objects that do not have legal owners. They are also things that the owners of which are not installed / abandoned. The rules provide for a special procedure for the registration of ownerless property. It involves the following steps:

1. Acceptance of documentation necessary for the adoption of immovable ownerless things.
2. Legal expertise.
3. Entry in the Unified State Register.

Ownership statement

It is made out:

1. The local authority of rural, urban settlements, districts, municipalities in relation to objects located within these administrative-territorial units.
2. Executive state structure of the cities of the Fed. values ​​in relation to real estate located within them.

Filling out the document is carried out in the approved form. If ownerless real estate is located on the territory of more than 1 municipality, then the form is drawn up by any local authority. At the same time, the document indicates the name of another municipal entity in whose territory the facility is also located.

Supporting documents

First of all, the interested person provides papers certifying the recognition of property as ownerless. These include, among other things, documents confirming that the object is not included in federal, state and municipal registers. The interested person also provides a paper certifying that the relevant authorities did not register ownership. Ownerless property may become such in the case when the rightful owner refuses it. This fact must also be documented. This is provided by documents certifying the ownership of the entity and a written refusal to own the property.

Submission Rules

The application is sent to the authorized body by mail, delivered in person or in electronic form. Paper documents are provided in duplicate, with the exception of cases provided for in regulatory enactments. One of the copies must be the original and, after being accepted for registration or rejected, is returned to the interested person. Electronic forms must be signed with an enhanced digital signature.

Procedure specifics

The application, as well as the documents attached to it, must be registered in the Inbox. The interested person receives a receipt. The decision on registration is made no later than 18 days (calendar) from the date of receipt of documents. After making the necessary entries, an entity that renounces legal possession is sent a message.

Suspension of procedure

The legislation provides for cases when the registration process is terminated. These situations include:

1. The establishment of the fact that the object is not ownerless. This is clarified by the content of the submitted documents.
2. When applying, the interested person did not submit a statement by the legal owner to refuse the object or it does not follow from the paper that the subject does not want to use and dispose of it.
3. The submitted documents do not indicate that the person is the owner.
4. In the Unified State Register there is an entry about the burden / restriction in relation to the object. However, it does not follow from the documents submitted that the person concerned knew about them.
5. In the period provided for the consideration of the appeal, the authorized body received papers on the arrest or prohibition of the owner to make transactions with the object.

The suspension of the procedure is carried out for no more than 1 month.

Explanations

The presence in the Unified State Register of records of the presence of an encumbrance / limitation at the time of the submission of the application acts as a basis for suspension of the procedure. The structure authorized to carry out state registration terminates the process and immediately notifies the territorial authority about this. If during the review of the documentation provided, information is received about the arrest or prohibition of the rightful owner to carry out transactions with the object, suspending the procedure, also notifies the authorized structure of the local administration about this. The body that terminated the process must notify the person concerned that ownerless property is not registered. In this case, the subject may provide additional information that acts as the basis for the continuation of the procedure. When sending a notice to the rightful owner, it additionally indicates that the purpose of sending the message is the need to receive a written refusal from the object and the ability to dispose of and use it.

Renouncement

Ownerless property cannot be registered in cases if:

1. The legal owner of the object shall submit to the authorized body a document certifying that it has been again taken into possession, disposal and use.
2. The owner will send a paper indicating that the actions aimed at the waiver of rights to property have not been performed previously. The document may also contain information that the subject did not express his will to stop disposing, using and owning the object.
3. Within the established period, the legal owner will not send any written notice or the organization of communication will confirm the impossibility of delivery of the notice due to the absence of the recipient at the specified address. At the same time, the local government should also not submit a document from the owner about his refusal of his rights to property.
4. At the end of the period established in the appeal on the suspension of the procedure, the entity that sent this application will not report the elimination of the reasons that provided the basis for this.
5. Not all owners have given up the rights to the object.

The state registration authority, in the process of reviewing documents, takes measures to establish the real situation with the object. If according to the results of the implementation of measures it is established that the registered object does not act as ownerless property, then the continuation of the procedure will be refused. The authorized body must, within five days from the date of adoption of the relevant decision, send a message to the interested person indicating the reasons for which it was made.

Unregistration

Ownerless property is excluded from the register in the following cases:

1. Acceptance of the object again in the possession of the subject, previously abandoned this.
2. State registration of property rights to property in the manner prescribed by law.
3. The transfer of the object to the person by virtue of acquisitive prescription.
4. The state registration of the rights of a person previously unknown, in accordance with which the property was registered.

Additionally

When removing an object from the register as ownerless due to state registration of municipal or state property rights , in accordance with article 225 (paragraphs 3 and 4), it is considered removed from the moment the relevant information was entered into the Unified State Register. The legislation provides for a number of guarantees for the rightful owners. In particular, regardless of the date of registration of an object as an ownerless, an owner who has previously abandoned his rights, but whose legal capabilities regarding property have not been terminated legally, may apply to the structure authorized to carry out state registration with a request to transfer it to him again possession, disposal and use. This provision is provided for in paragraph 3,225 of the article. In this case, the object will be considered deregistered from the moment of making the corresponding entry in the Unified State Register.

Recognition of law

Ownerless property can be used by an entity that is not the legal owner or by a financial authority (if the thing is seized by an authorized executive structure within its competence). In order to obtain official legal opportunities regarding a thing, it is necessary to file documents with the court. Among them are papers confirming the recognition of ownerless real estate. It is, in particular, extracts from the Unified State Register containing the corresponding entry. If the appeal to the court took place before the end of the year from the date of acceptance of the object by the structure performing state registration, the entity will be denied the claim. Accordingly, the proceedings will be terminated.

The content of the appeal to the court

The application must indicate:

1. Object name.
2. Description of the main characteristics.
3. Evidence of the refusal of the owner of the ownership of the thing.
4. Confirmation that the subject has taken possession of the object.

For real estate, the date of entering information into the Unified State Register and the body that carried out this procedure are additionally indicated. In addition, evidence is presented showing the absence of a legal owner of the object.

Case review

The proceedings are carried out with the involvement of all interested parties. In preparation for the meeting, the court finds out a circle of entities that can provide information about the ownership of the disputed object, sends requests to the relevant organizations. After the fact of the refusal of the rightful owner is established, one of the following decisions is made:

1. Recognize the property as ownerless and provide it to the interested person who has taken over.
2. Hand over the facility to the municipality or city of the Fed. values. This decision is made regarding real estate.

Corresponding entries are made to the Unified State Register.

Conclusion

After state registration of the right of ownership (except for state / municipal), the authorized body sends the fed to the executive structure of the city within five days. value or local government notice. Operations are carried out in the manner prescribed to notify the rightful owner of making entries about the burden / restriction, introduced not at the initiative of the latter. When conducting state registration of municipal / state property rights to an object, the authorized structure is obliged to send a notice to the entity that has abandoned legal ownership. The notification shall indicate the details of the court decision in accordance with which the procedure was carried out. Operations are carried out in accordance with the rules provided for notifying the owner of the procedure for state registration of the property right of a municipality or a constituent entity of the Russian Federation for a land allotment or a share of a plot that the previous owner refused to legally own.