Claims for recognition of rights or their absence are widespread in legal practice. A fair part of the cases considered in the courts is based on them. Despite the fact that they belong to the same category, they also have differences.
What is a lawsuit?
A lawsuit is one of the legal remedies for protecting one’s rights. They are called statements with which organizations and citizens apply to the court. The civil procedure provides for 2 more categories: court orders and statements in a special proceeding.
Claims for recognition are just considered in the civil process by sending an application. The overwhelming majority of participants are non-commercial citizens.
Similar claims are considered by arbitration courts in cases affecting the interests of entrepreneurs and organizations. If at least one participant is an individual who is not involved in business, the materials are transferred to the district court of general jurisdiction.
A lawsuit is a document in which a plaintiff or a person who believes that his rights are not recognized or disputed, asks the court to restore them or recognize them, as in our case.
The reasons for the statement are both the impossibility to agree among themselves, and the fact that the parties did not agree on their problem, in other situations the lawsuit is a formality that can not be avoided.
Why a lawsuit for recognition is the only way
Recognitions of the right are sought through the courts. To cancel the illegal registration, a lawsuit should be filed to declare the decision to hold it invalid. There are no other ways to challenge the record.
Registration is a state recognition of the result of the transfer of rights, so the plaintiff must prove the illegality of the actions that preceded it.
All disputes with registration of rights to real estate are included in the category of “civil disputes” considered in the lawsuit.
Similarly, the absence of the right of a person claiming property is proved.
If the application to the court is connected with the actions of the registration authorities and the right of ownership or possession is not disputed in it, all the same, the court is held as part of the civil process by filing a lawsuit.
Which court is being considered
The country has general and arbitration courts. The system of general courts includes regional and world ones. The second category deals with property disputes, the price of which is not more than 50 thousand rubles.
Due to the size of the assessment, a claim for recognition of ownership of an individual or legal entity is considered in a district, not a world court. The distinction between cases between district courts and arbitrations has already been written above. They serve as the first instance.
Property rights cases are dealt with at its location. An exception is provided - hereditary disputes about real estate are sorted by the place of opening the inheritance. If there are several objects, then at the location of one of them.
Recognition claim elements
Recognition claims are based on a single scheme:
- name of the court to which they apply;
- name of the plaintiff, his name, if the party is a person;
- the name of the respondent organization or full name if the party is a person;
- third parties (authorities, organizations, individuals);
- statement of circumstances, references to evidence confirming a violation or non-recognition of rights;
- court requirements;
- list of documents attached to the claim;
- date, signature of the plaintiff.
There are processes where lawsuits are brought forward by both parties. Instead of a counterclaim, the other party is entitled to file an objection with the court.
Third parties are involved because their interests may be affected. For example, recognition of the right to housing affects everyone who lives there, in particular children.
State bodies are also often involved as third parties, for example, the municipality or the local property department becomes the recognition of the right.
The registration service becomes a regular participant in the processes, because claims for recognition directly affect them.
They are not formally considered direct participants in the dispute. But their arguments can seriously affect the outcome of the dispute, a violation of their rights is a sufficient basis for canceling the decision. In particular, if the dispute was considered without calling them.
Circumstances - circumstances of violation of his rights and who is to blame for them.
Requirements - measures that the plaintiff asks to take to protect his rights. We will talk more about them below.
The list of documents shall indicate their name and details. Below is the date, surname, initials, list - without them, the paper is considered improperly executed.
If something is wrong in the claim, it will be returned to the sender with a description of the mistakes made. Time is given for correction (judge gives two to three weeks).
How to spell out requests
A request for recognition may be confused with other requirements. They must be arranged in the correct sequence, otherwise the recognition requirement does not make sense.
For example, the recognition of a transaction is void first, and then the recognition of ownership or use rights, etc.
A claim for recognition of property may include one or several claims. A long list does not necessarily mean the complexity of the circumstances of the case and vice versa.
The applicant selects the remedy; the judge has no right to go beyond the scope of the application.
People who do not have enough knowledge make a lawsuit based on samples and make mistakes. For example, instead of a request to oblige to transfer, they write “to claim property” or “recognize the right to a house”. Therefore, no complaints can be brought against the judge.
The court makes a decision based on what is written in the lawsuit, and not in the law. It is impossible to execute such judicial acts, they are useless. Claims for recognition are not always easy to write, as it seems.
The requirement for recognition of rights should be as clear as possible and based on the law, i.e., the wording is directly rewritten from the code. The description of the object is taken from the cadastral passport or other official document.
How do the parties relate to the lawsuit
The process of recognizing the right often turns into a real battle. The absence of a dispute gives hope for a statement of recognition of the claim on the other hand.
State or municipal authorities more often leave everything to the discretion of the court, noting that they have no objection. Their representatives may object by writing a letter, but not appear at the meeting. Standard approach.
The court, having evidence of notification of the party about the time of the meeting, has the right to decide the case on the merits without a second party. The absence of objections of the second party does not automatically guarantee a positive decision. The plaintiff must first of all have appropriate evidence and serious arguments.
A statement of claim is second in itself. The court is obliged to find out if there is a violation of someone’s rights behind it; it is not obliged to accept it automatically. What is the reason for this?
Imitation of a dispute serves as a means of unlawful alienation of property. Formally, a decision that has entered into force cannot be disputed or ignored. This applies to the parties to the dispute, and to everyone else who did not participate in it, in particular the state and municipalities.
Another reason is the unscrupulous actions of guardians with the property of the wards.
Objections are sent to the court in writing. The participant has the right to speak orally. Written wording: “I ask you to reject the claim in whole or in part.” There is no such thing as invalidation of a claim.
Illegal transaction and recognition of law
At all times, real estate was considered a particularly valuable asset. It is beneficial to invest available funds in it in order to at least preserve them. Deception, delusion, violation of the law by officials or other persons can lead to the loss of rights to it. By the way, this applies to citizens whose inheritance was illegally disposed of when they were not yet 18 years old.
What is left to do? Submit a lawsuit to the court to invalidate the contract. Along with the recognition of the contract invalid, ask to cancel the registration records and then recognize the ownership of the plaintiff.
Having collected the documents, it is quite possible to ensure that the court agrees with such requests.
Legal entities whose property was also disposed of unlawfully have the right to file a lawsuit in court to declare the contract invalid. One example is when directors exceed their authority by conducting transactions without the approval of shareholders or owners, as required by the charter or memorandum of association.
An important point: the lack of a request for the application of the consequences of the invalidity of a transaction makes a court decision meaningless. What goes in there? For example, to assign an obligation to transfer an object, release it, recover an amount equivalent to the price of the object if it is lost, or compensate for damage from its damage.
Land disputes
They relate to various aspects, and the claim for recognition of ownership of the land is just one of them.
What is it about?
- recognition of the right to obtain land for use;
- recognition of the right to transfer ownership (privatization);
- the establishment of easement (the right to use other people's property);
- disputes with authorities on lease agreements;
- disputes about the legality of decisions of authorities on the transfer of land for use, property, etc.
When it comes to ownership, no less options arise. These are disputes between individual citizens related to transactions, with the distribution of inheritance, etc.
Claims are filed because of the unwillingness of the authorities to carry out registration procedures, disputing the rights of citizens.
Difficulties also arise in people who bought land or received free of charge from the state in the early 90s, but did not complete it completely for some reason. They are forced to sue for recognition of the sale as valid due to the fact that they did not register the contract in the past.
By the way, virtually all disputes related to land are classified as civil cases, in particular disputes about the legality of the decision of the authorities on the transfer of land.
The explanation is given in a special letter of the Armed Forces of the Russian Federation on the delimitation of administrative and civil judicial jurisdiction.
Housing disputes
The largest category among the whole mass of civil cases is disputes over housing rights. Sample list:
- recognition of the right to use the premises;
- claim for recognition as having lost the right to use the premises;
- transfer of residential premises into non-residential and non-residential into residential;
- recognition of the right to privatization.
Recognition of the right to use applies to both private owners and the state and municipalities. People, wanting to own property, find out that they do not have a full package of documents for a social contract of employment. Without it, the privatization of the apartment will not work.
Going for recognition of the right to reside on the basis of social recruitment. After receiving a judicial act, they draw up social hiring, and then the right of ownership in privatization order.
If a person moved for a long time to another room, he loses the right to reside in the previous one, unless, of course, he does not have a share there as an owner.
Unauthorized construction, conversion
Citizens, not wanting to plunge into lengthy, complex bureaucratic procedures, find that, having built a house without permission or refitted an apartment, they are at a standstill.
If the house is located on a land plot in the property that was issued for the construction of housing, there will be no difficulties.
A declaration of registration of ownership is submitted, a certificate from the municipality is attached to it, confirming that the building does not go beyond the boundaries of the site.
If the declaration is refused, you can apply to the court with a request to recognize the ownership of the house. The basic foundation is ownership of land and all that is on it.
The declaration is checked only in terms of filling in all the columns, the signature and the required number of copies (2 pcs.).
With apartments, everything is more complicated:
- signatures of the owners of the house are collected to agree to the conversion (best of all - the minutes of the meeting of the residents of the house, where at least 2/3 of the owners were present);
- a survey of the reconstructed object is assigned;
- applying for legalization.
With the decision of the general meeting, the results of the survey, the refusal from the urban planning department, a lawsuit is filed in court. Recognition of ownership of a reconstructed or converted apartment with an address, area, number of rooms - an approximate wording of the requirement.
How to transfer non-residential premises to residential
If a person owns non-residential premises, how to change his status?
A lawsuit to recognize ownership of an apartment will be a wrong move.
For this purpose, an administrative procedure is provided for:
- an interdepartmental commission is being formed;
- accepts an application for the recognition of the premises with the attached documents;
- the commission makes an opinion based on the collected materials.
The commission is formed by the local department of architecture and urban planning, it includes employees of the SES, the fire inspectorate, and other bodies, based on need. What list of documents is submitted?
- certificate of ownership;
- technical or cadastral passport;
- conclusion of the design and survey organization;
- premises reconstruction project.
The Commission adopts a conclusion that forms the basis of the decision of the administration. If she refuses to change the status of the premises, is a lawsuit filed? Recognition of premises as residential does not require this. How to proceed?
Formally, there is no sense in complaining about the conclusion; the courts note that this is an interim document. Claims are accepted and considered by the administration on the refusal to transfer the premises from non-residential to residential. With the participation of experts and the administration, the application and all materials are examined.
The powers of the court are limited, it only has the right to recognize the decision of the administration to refuse unlawful. If you ask in this case to recognize the premises as residential, the claim will be rejected.
The commission, as a rule, does not refuse after the trial.
Inheritance
A claim for recognition of the right of succession may be the only way to formalize the estate after the death of the owner. Why it happens? A person either did not have time to complete the process (for example, he died before the transaction was registered), or put everything aside for later.
Going to court is required due to the fact that a notary performs his actions with only a complete set of documents. If at least one paper is missing, the client is sent to court.
For example, a citizen died before receiving a certificate of ownership of real estate. There are two ways out of the situation:
- a lawsuit to include the plot in the estate (before they pass six months after death);
- claim for recognition of ownership of the object (after 6 months have passed).
The notary clarifies what is necessary and issues a refusal to conduct notarial acts. It serves as evidence of the need for a claim. Without refusal on hand, a person will not achieve the opening of a case.
If the property was transferred from the heir to the heir and it was not completed to the end, the last heir, having proved the fact of acceptance of the property by each of his predecessors, asks the court to recognize his ownership.
Recognition of the right by inheritance may arise due to a dispute between the heirs of both one queue and those belonging to different queues. One example.
The court is asking:
- recognize a citizen as an unworthy heir;
- annul the certificate of inheritance;
- property ownership registration records;
- Recognize the right of ownership (hereinafter, property information is listed).
It is interesting that the heir who actually accepted the inheritance may not draw it up due to his or her debts. The bailiff has the power to ask the court to recognize the debtor as accepting the inheritance and its property right. Then send the registration documents. It turns out that the right can be recognized without the participation and desire of the owner.
Acquisitive prescription
The possession of residential or non-residential real estate for 15 years is a way of recognizing the right of ownership due to acquisitive prescription:
- possession is carried out openly as own property;
- the owner has not entered into an agreement with anyone giving ownership;
- the owner has no reason to believe that he has no right to the object;
- someone else’s property or its owner is unknown.
Good faith implies that the house was not occupied against the will of the original owner.
Courts are guided by two approaches to assessing integrity:
- lack of requirements to vacate the premises by the former owner;
- legal grounds to occupy the premises.
If there are no documents confirming the transfer of real estate, then the plaintiff will be refused his request.
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