A lawsuit to recognize property rights is a way to protect property rights. Its purpose is to give the plaintiff a certain status. After all, before the court’s decision, he has neither authority nor rights, and other persons can possess them. The presence of a court decision gives the authority to dispose and own property.
Drafting a document
A claim for the recognition of property rights should be prepared in full accordance with the law and judicial practice, otherwise filing it will not bring the desired result. The judge will either refuse the claim, or will not consider it on the merits. And the study of the norms of the law, the practice of its application in the region will give an understanding of how to do the right thing.
The main regulatory acts governing this type of dispute are the Civil Code, the LC and other laws.
What type of proceedings
From the procedural legislation apply GIC and agribusiness. The first regulates the consideration of disputes between citizens and organizations, the second - between entrepreneurs and organizations. If a simple citizen without the status of a merchant takes part in the case, the proceedings are organized according to the rules of the Civil Procedure Code in a court of general jurisdiction.
Participation in a dispute of state bodies does not change these rules. If the second participant is a simple citizen, then the case will be tried in the general court, if the merchant or organization is in arbitration.
Where will the lawsuit be taken
The choice between the arbitration court and the general court is not the final stage, it remains to be seen which court to appeal to. The lawsuit on recognition of the right of ownership shall be filed with the justice of the peace if the price of the property does not exceed 50 thousand rubles. For example, a dispute over the right to a vehicle or money is settled.
If the price of a lawsuit rises during the course of a lawsuit or in a case claims arise that go beyond the competence of a magistrate court, the material is submitted to the district court. There, the case begins to be considered again by another judge.
Claims for the recognition of ownership of real estate (apartments, houses, land) are considered at the location of the property (for example, within the boundaries of a district or city court). Cases on movable property shall be considered at the place of residence or location of the defendant.
Whom to indicate in the statement
A lawsuit to recognize ownership is filed with the defendant. In his capacity is the person with whom a dispute arose over property rights. This includes citizens, organizations, and authorities. One way or another, they take part in such processes. The only difference is in the regulation and application of special rules.
If the rights to property are unclear, the department of land and property relations of the municipal authority becomes the defendant.
If a contract was previously concluded but was not registered, the previous owner becomes the defendant. Because of this, lawsuits are constantly being filed with the courts for recognition of the ownership of the apartment and the obligations of Rosreestr to register the rights.
In a dispute over rights to immovable objects due to confusion with documents, it is not always clear who was the previous owner and possesses all rights to property.
In the course of the proceedings, the court, having ascertained additional circumstances, has the right to offer the plaintiff to replace the inappropriate defendant. Whether the plaintiff refuses or not, the claim on recognition of property rights to property will continue to be considered. However, in case of disagreement with the replacement, the claim will be denied to the original defendant.
The property rights registration office is involved only as a third party without claiming its own claims.
Third parties with their own requirements are distinguished by the fact that when resolving a claim in favor of one of the parties, they will already have a dispute with the winner.
How serious is the question of choosing a party
The higher court is obliged to annul the decision, even the right one in essence, because the party that had a legal interest was not able to express its opinion. This also applies to the choice of the defendant, and the involvement of third parties. This ground for cancellation applies, as a rule, at the complaint of the interested party.
The law allows you to file a complaint against a judicial act to a person who is not involved in the process, but whose rights it affects. The right is reserved during all stages of the trial.
Property Description
The statement of facts is an integral part of the statement of claim. The law does not affect either the narrative or the motivation of the claim. It is advisable for the applicant to state the circumstances in chronological order. The manner of presentation should lead the judge to a full understanding of what the plaintiff wants from him and what legal grounds are for this.
Subject of the dispute - property claimed by the plaintiff. The description is taken from the technical documentation. With real estate and cars, everything is not so complicated. It is advisable to attach documents issued upon purchase (receipts, contracts, etc.) to movable things.
Arguments
The examples of claims for recognition of ownership give a little attention to the presentation of arguments. They are provisions of laws and by-laws confirming the rights of the plaintiff. Direct reference and citation make the statement more weighty in the eyes of the judge.
Links to explanations of the Supreme Court, its practice and the practice of regional courts and institutions equivalent to them are no less significant (they periodically issue thematic reviews of dispute resolution). The findings of the Constitutional Court in its acts should be applied directly and, unlike the instructions of the Supreme Court of the Russian Federation, are not of a recommendatory nature.
A full-fledged argument is a link to existing documents.
Claim requirements
The desired result for the plaintiff is indicated - recognition of ownership of the disputed object.
A mixture of several requirements is characteristic. For example, if the right to property is registered, it must be revoked or changed. For example, the plaintiff asks to recognize the right to a share in the property.
To the list of requirements are added requests for the demand for documents, calling witnesses. The court will demand documents if the party does not have a real possibility of obtaining them independently (for example, the plaintiff does not have access to the inheritance case).
State duty
Citizens are required to pay a state fee for considering a case in court. Recognition claims are classified as property claims. The size of the payment is determined by the price of the property. The Tax Code describes the calculation rules. Usually a minimum amount is calculated plus interest on the value of the property.
The calculation is based on the market price of the property. The appraiser's report is considered valid during the year.
The applicant has the right to ask the court to reduce the amount of the fee or to exempt from it in full due to material difficulties. For example, he does not have a permanent job at the time of going to court and his children are dependent. A similar right is enjoyed by pensioners who do not have additional income, except for their pension.
Inheritance affairs
There are two cases:
- recognition of the right as a result of the resolution of a dispute with another heir;
- recognition of law in the absence of a real dispute.
For example, a citizen for some reason did not have time to complete the registration of property in his name.
The new owner is left to file a claim for the recognition of ownership by inheritance. The reasons are the testator’s unwillingness to deal with paperwork during his life, the death of the previous heir who only managed to write a statement of acceptance of the inheritance.
If the deceased accepted it in fact, the plaintiff, in the framework of the claim for recognition of his rights, proves the fact of the acquisition of the inheritance by his predecessor.
The lawsuit on the recognition of ownership of the land
Rights are recognized on a common basis, such as for inheritance. But there are features. So, plots issued before 2001 (before the new Land Code was enacted) are transferred to citizens if there are a number of documents listed in the law on registration of rights.
The rule applies to areas where the documents do not contain information about the type of right of their owner (rent, use, property). Confirmation, in particular, of ownership is organized on the basis of a list of documents specified in the law.
If the management of Rosreestra refuses to register the rights, having received a refusal, the applicant has grounds for going to court. The claim explicitly states the recognition of ownership. The registration service is already a defendant, not a third party.
Attached to the claim:
- cadastral passport;
- technical documentation;
- document - the basis for the right of ownership (order of the authority, judicial act, certificate of inheritance, etc.).
More options
Ownership is also associated with free privatization. This is not about recognizing the right directly, but about the obligation of the authority to carry out certain actions. A person submits a list of documents, but they are denied registration for various reasons. Is a lawsuit filed for recognition of ownership of the plot?
Yes, if a citizen began the privatization procedure, but did not live to see it end and he has heirs. The notary, not having a full package of documents, will not issue the right to the site.
House Operations
The owner of the house has rights to the plot under it. Having an apartment with this almost never come across. Having a house, a person will be able to demand the transfer of land to ownership. Before this, a package of documents is drawn up. It is necessary to provide papers indicating the legality of building a house.
It is much simpler if the rights to the plot on which the house stands are framed. Rights to a building no higher than 3 floors, not exceeding the boundaries of the plot, are registered on the basis of the declaration without additional verification.
When making a decision on the refusal, the applicant is also entitled to file a lawsuit with the judge to recognize the ownership of the house. The defendant in the case is the registration service department.