Claims of recognition: definition, characteristics

Claims for the recognition of rights or their absence are widely disseminated in legal practice. A fair number of cases considered in courts are based on them. Despite the fact that they are classified in one category, they also have differences.

What is an action

The lawsuit is one of the legal means of protecting one's rights. They call statements with which organizations and citizens apply to court. In the civil process there are two more categories: court orders and applications in special production.

Claims for recognition are being considered in the civil process by filing an application. The overwhelming number of participants are citizens who are not engaged in commerce.

Similar claims are also considered by arbitration courts in cases affecting the interests of entrepreneurs and organizations. If at least one participant is an individual who is not engaged in business, the materials are transferred to the district court of general jurisdiction.

A lawsuit is a document in which the plaintiff or a person who believes that his rights are not recognized or disputed, asks the court to restore them or recognize, as in our case.

The reasons for the statement are both the inability to agree among themselves, and the fact that the parties did not agree on their problem, in other situations, the formality that can not be dispensed with.

Why the claim for recognition is the only way

Recognition of the right is sought through the court. To cancel illegal registration, you should file a claim for recognizing the decision to hold it invalid. There are no other ways to challenge the record.

Registration is the recognition by the state of the result of the transfer of rights, therefore the plaintiff must prove the illegality of the actions that preceded it.

All disputes with the 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 the person claiming the property is proved.

If the application to the court is related to the actions of the registration authorities and it does not challenge the ownership or possession rights, the court is still being conducted in the civil process by filing a lawsuit.

In which court are considered

There are general and arbitration courts in the country. The system of general courts includes regional and world courts. The second category deals with property disputes, the price of which is not more than 50 thousand rubles.

Because of the size of the assessment, an action to recognize a property for an individual or a legal entity is being considered in a district court rather than in a world court. The delineation of cases between district courts and arbitration has already been written above. They also serve as the first instance.

Cases of rights to real estate are sorted by the place of its location. There is an exception - hereditary disputes about real estate are sorted out at the place of opening the inheritance. If there are several objects, then at the location of one of them.

Elements of the claim for recognition of rights

Claims for recognition are built on a single scheme:

• The name of the court to which they apply;
• The name of the plaintiff, his name, if the party is a person;
• The name of the respondent organization or the full name, if the party is a person;
• Third parties (authorities, organizations, individuals);
• Statement of circumstances, references to evidence proving violation or non-recognition of rights;
• Requirements to the court;
• List of documents attached to the claim;
• Date, signature of the plaintiff.

There are processes where claims are presented mutually by both parties. Instead of a counterclaim, the second party has the right to file an objection to the court.

Third parties are involved in connection with the fact that their interests may be affected. For example, the recognition of the right to housing affects everyone who lives there, particularly children.

State bodies are also often involved as third parties, for example, the recognition of the right to become a municipality or a local property department.

A regular participant in the processes is the registration service, since claims for recognition affect them directly.

They are not formally considered as direct participants in the dispute. But their arguments can seriously affect the outcome of the dispute, the violation of their rights is a sufficient reason for canceling the decision. In particular, if the dispute was considered without their call.

Circumstances are the circumstances of the violation of his rights and who is to blame for them.

Requirements - measures that the plaintiff requests to take to protect his rights. We will discuss them in more detail below.

The list of documents indicates their name and details. Below put the date, surname, initials, painting - without them the papers are considered not properly decorated.

If something is wrong in the claim, it will be returned to the sender with a description of the mistakes made. The correction takes time (the judge gives two or three weeks).

How to correctly state the requests

The request for recognition of the right may be mixed with other requirements. They must be in the right order, otherwise the requirement of recognition does not make sense.

For example, in the beginning the recognition of the transaction is void, and then the recognition of the right of ownership or use, and so on.

The claim for recognition of property can include both one and several requirements. A long list does not necessarily mean the complexity of the circumstances of the case and vice versa.

The remedy is chosen by the applicant, the judge has no right to go beyond the scope of the application.

People, not having enough knowledge, make a claim on the samples and make mistakes. For example, instead of the request to oblige the transfer, they write "requisition property" or "recognize the right to a home". Therefore, no complaints can be made against the judge here.

The court decides on the basis of what is written in the lawsuit, and not in the law. Such judicial acts are unrealistic to execute, they are useless. Claims of recognition are not always easy to compile, as it seems.

The demand for recognition of rights must be as clear and law-based as possible, that is, the wording is directly rewritten from the code. The description of the object is taken from the cadastral passport or other official document.

How the parties express their attitude 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 on the recognition of the claim on the other side.

State or municipal bodies more often leave everything to the discretion of the court, noting that they have no objections. Their representatives can also object by writing a letter, but not to attend the meeting. Standard approach.

The court, having evidence of the party's notification of the time of the meeting, has the right to decide the case on its merits without the other party. The absence of objections by the second party does not guarantee an automatically positive decision. The plaintiff must first have suitable evidence and serious arguments.

The application for the recognition of the claim itself is secondary. The court is obliged to find out whether there is a violation of someone's rights for this, it is not obliged to automatically accept it. What is the reason for this?

Simulation of the dispute serves as a means of unlawful alienation of property. Formally, the decision that entered into force can not be disputed or ignored. This applies to the parties to the dispute, and all the others who did not participate in it, in particular the state and municipalities.

Another reason - 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 language: "I ask to reject the claim in full or in part". There is no such thing as the recognition of a claim as invalid.

Illegal transaction and recognition of law

At all times, real estate was considered a particularly valuable object. It is advantageous to invest the available funds in order to at least keep 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 legacy was illegally ordered when they were not yet 18 years old.

What remains to be done? Send to the court a claim for invalidating the contract. Together with the recognition of the contract, it is invalid to ask to cancel the registration entries and then to recognize the property rights of the plaintiff.

Having collected documents, it is quite realistic to get the court to agree to such requests.

Legal entities, whose property was disposed of just as illegally, have the right to submit to the court an action for invalidating the contract. One example is when directors exceed their authority by conducting transactions without the approval of shareholders or owners, as required by the charter or constituent agreement.

An important point: the absence of a request to apply the consequences of the invalidity of the transaction makes the court's decision meaningless. What does it include? For example, to impose the obligation to transfer the object, to release it, to recover the amount equivalent to the price of the object, if it is lost, or to repair the damage from its damage.

Land disputes

They deal with various aspects, and the claim for recognition of ownership of a land plot is only one of them.

What is it about?

• Recognition of the right to receive a site for use;
• Recognition of the right to transfer to ownership (privatization);
• The establishment of an easement (the right to use someone else's property);
• Disputes with authorities on lease contracts;
• Disputes about the legality of decisions of the authorities on the transfer of land for use, property, etc.

If it is a question of the right of ownership, there are no fewer variants. This is also the disputes between individuals, related to transactions, the distribution of inheritance, and so on.

Claims are filed because of unwillingness of authorities to conduct clearance procedures, challenging the rights of citizens.

Difficulties arise in people who bought land or received free of charge from the state in the early 90's, but did not complete it for the rest of the reasons for some reason. They are forced to file a claim for the recognition of the purchase and sale transaction as a result of the fact that they have not registered the contract in the past.

By the way, in fact, 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 RF Armed Forces on the delineation of administrative and civil judicial jurisdiction.

Housing disputes

The largest category among all mass of civil cases - disputes about the rights to habitation. An indicative list:

• Recognition of the right to use the premises;
• A claim for recognition that has lost the right to use the premises;
• Transfer of living quarters to non-residential and non-residential - into residential;
• Recognition of the right to privatization.

Recognition of the right to use concerns both private owners, and the state and municipalities. People, wanting to get their own property, find out that they do not have a full package of documents for the contract of social hiring. Without it, the privatization of the apartment will not work.

Exit the recognition of the right to reside on the basis of social employment. Having received the judicial act, they make out the social hiring, and then the property right in the order of privatization.

If a person moved to another room for a long time, he loses the right to reside in the previous one, unless, of course, he has a stake there as an owner.

Unauthorized construction, alteration

Citizens, not wanting to sink into long, complicated bureaucratic procedures, find out that by building a house without a permit or by refurbishing an apartment, they are at a dead end.

If the house is located on a land plot in property that is issued for the construction of housing, there will be no difficulties.

A declaration is being submitted for registration of the property right, a certificate from the municipality is attached to it, confirming that the building does not exceed the boundaries of the plot.

If you refuse the declaration, you can ask the court to recognize the ownership of the house. The base basis is the ownership of the land and everything that is on it.

The declaration is checked only in terms of filling in all the graphs, the signed signature and the required number of copies (2 pcs.).

With the apartments all the more difficult:

• Signatures of co-owners of the house about the consent to re-equipment are collected (it is better - the minutes of the meeting of the tenants of the house where at least 2/3 of the owners were present);
• A survey of the reconstructed object is assigned;
• An application for legalization is submitted.

With the decision of the general meeting, the results of the survey, the refusal from the town planning department is sued in court. Recognition of ownership of a reconstructed or converted apartment with an address, area, number of rooms - an approximate statement of the requirement.

How to transfer non-residential premises into residential

If a person owns a non-residential premises, how can he change his status?

The claim for recognition of ownership of the apartment will be a wrong move.

For this purpose, an administrative procedure is provided for:

• An interdepartmental commission is formed;
• Accepts an application for recognition of the premises with attached documents;
• The commission makes a conclusion on the basis of the collected materials.

The commission is formed by the local department of architecture and town planning, it includes employees of the SES, fire inspection, other bodies, based on the need. What list of documents is served?

• Certificate of ownership;
• Technical or cadastral passport;
• The conclusion of the design and survey organization;
• Project for the reconstruction of the premises.

The Commission adopts an opinion, which is the basis for the decision of the administration. If she refuses to change the status of the premises, is there a claim? Recognition of a dwelling does not require this. How to proceed?

To complain about the conclusion formally makes no sense, the courts note that this is an interim document. Claims are accepted and considered for the decision of the administration to refuse to transfer the premises from non-residential to residential. With the participation of experts and administration, the application and all materials are examined.

The powers of the court are limited, he only has the right to recognize the decision of the administration to refuse to be illegal. 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.

Registration of inheritance

The claim for recognition of the right by inheritance may be the only way to formalize the hereditary property after the death of the owner. Why is this happening? A person either did not complete the process (for example, died before registering the transaction), or postponed everything for later.

Going to court is required because the notary performs his actions, having 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 obtaining a certificate of ownership of real estate. There are two ways out of the situation:

• An action to include the plot in the estate (before the 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 a notarial action. It serves as a proof of the need for a claim. Without having a refusal, the person will not achieve the opening of the case.

If the property was transferred from the heir to the heir and it was not executed until the end, the last heir, having proved the fact of taking property by each of his predecessors, asks the court to recognize his property right.

Recognition of the right in the order of inheritance can arise because of a dispute between the heirs of one line, and those who belong to different lines. One example.

The court requests:

• Recognize a citizen as an unworthy heir;
• To annul the certificate of inheritance;
• Registration records of ownership of property;
• Recognize the right of ownership (hereinafter referred to as information about the property).

It is interesting that the heir, who actually accepted the inheritance, may not formalize it because of debts of his or her deceased. The bailiff has the authority to ask the court to recognize the debtor as having inherited and his property right. Then send the documents for registration. It turns out that the right can be recognized without the participation and desire of the owner.

Acquired prescription

Possession of residential or non-residential real estate for 15 years - the way of recognition of ownership through acquisitive prescription:

• Possession is carried out openly as own property;
• The owner did not enter into a contract with anyone granting the right of ownership;
• The owner has no reason to believe that he does not have the right to an object;
• Property of others or its owner is unknown.

Conscientiousness implies that the house was not occupied against the will of the original owner.

Courts are guided by two approaches in assessing integrity:

• No requirement to vacate the premises on the part of the former owner;
• The presence of legal grounds to occupy the premises.

If there are no documents confirming the transfer of real estate, it means that the plaintiff will be refused his request.

Recognition of the claim in court on acquisitive prescription today resembles a lottery, in which there are no guarantees.

A somewhat different form is the recognition of the fact of conscientious possession. The difference is that the application for establishing the fact of bona fide possession is being filed.

The interested parties are the local government or the property relations department, as well as the Rosreestr administration.

The application to the court is the only way to circumvent Rosreestr's refusal to recognize the rights of the owner.

If the court agrees with the arguments, the registration of the right is made.

Provisions on acquisitive prescription do not work with land. According to the Land Code, lands that do not have an owner are considered state property. It makes sense to file claims for recognition of rights to the house, or building, or premises. Their owner has the right to privatize the land under them.