Recognition of ownership of land. Claim for the recognition of ownership of land under the house

Recognition of land ownership is a process that interests many citizens. It allows you to fully manage the site to some extent. And no one can take the land from a citizen. This is especially true when the house is suitable for living. If you leave the land in tie, then you can seriously suffer. For example, if the state wants to put this piece into operation. To prevent this from happening, it is necessary to file a claim for recognition of the right to own land. This is a very difficult process, which is fraught with many features. What should I look for?

Privatization or redemption

The first point, requiring clarification - this is what kind of registration of property rights a citizen claims. There are two options for the development of events: buying out or buying property free of charge through privatization.

This moment plays an important role. Especially when filing a lawsuit. Depending on the situation, the list of documents required to be submitted to the judiciary will change.

Also, the difference will be the lawsuit itself. In the first case, an action is filed for the redemption of a land plot with subsequent recognition of ownership of it. In fact, a citizen wishes to redeem the land and the article by its owner. In the second case we are talking about a claim for ownership of a plot. Defending the statement in this situation is more difficult than it seems.

Founding Documents

The next stage is the collection of documents. A great role is played by the grounds for recognizing the right of ownership of land. Without them can not do. If a citizen has no papers that can serve as grounds for satisfying the claim, you can not hope for success. What could it be?

It all depends on the situation. Therefore, it is necessary to first thoroughly study the reasons for the use of this or that site at all. Recognition of ownership of land under the house or any other real estate proceeds usually without any problems. After all, in this case, the grounds have - this is the ownership of the building, which is closely connected with the site. In order to satisfy the claim, it is possible to provide as grounds for:

• Certificates of ownership of the buildings and buildings produced on the site;
• Lease of land / house / garage;
• Contract of sale (both land and buildings on it);
• Certificate of the right of inheritance (will, among other things).

Accordingly, in the presence of these papers, it is possible to recognize a citizen as having legal rights to a land plot. It often happens that there is a document on home ownership, but it does not include any information about the land. How to be in this situation?

Without specification

Recognition of ownership of land under a garage or a house is the simplest thing. And in the court, and without it. If there are documents confirming the redemption of the site, you can do without litigation. But what if the citizen only has a certificate of the right to own a building on a particular territory?

Many believe that the court will have to defend its opinion for a long time. In fact, the population should know - Article 35 of the Land Code of the Russian Federation will help to quickly solve the problem. It says that if there are documents on home ownership, if there are no details about the site, the entire territory under construction is automatically recognized as the property of the plaintiff.

But with the adjacent land will have to try. Recognize the rights to it can be very problematic. Some prefer to simply buy out the plot and not worry. This is a good solution, but it does not suit many.

Where to go

Where to file a claim for the recognition of ownership of land? This question bothers many people. After all, citizens often turn to the wrong place. Therefore, the application process becomes more complicated.

In this case, the claim is filed with the courts of general jurisdiction. It will be required to apply to either the city or the district court. But nothing more. No arbitration courts. You can also forget about the Supreme.

The claim for the recognition of ownership of land is filed at the location of the site. For example, if the plaintiff is in St. Petersburg and the real estate in Moscow, you will have to apply to the Moscow court of the area to which the land belongs and the buildings on it.

Cost

The next point is the cost of the question. The thing is that filing a lawsuit is not always a free trial. Recognition of ownership of land will require the payment of state fees for the conduct of the relevant meeting. How much will the state give?

It all depends on what kind of lawsuit is being filed. If it is a question of recognizing land as property with free privatization, then it is necessary to give only 350 rubles. This is how much in 2016 it is worth submitting an application to the district or city judicial authority.

But when it comes to pre-purchase, you have to understand the exact cost of state duty. The thing is that in this situation it will be necessary to calculate the market and cadastral value of the land. And proceeding from it to pay certain interest. The higher the cost, the greater the payment. Therefore, the exact amount will have to report when assessing the site.

When should I go to court

In general, there are several options for the development of events, when the recognition of the right to own land is advisable to conduct by applying to the court. After all, usually with the availability of documents, you can do without judicial arguments. When is it best to assert one's rights in the relevant bodies? The following circumstances stand out:

1. The plaintiff has no documents for ownership of the land plot.
2. Refusal to privatize or register the rights of possession, use and disposal by the state.
3. If they do not allow a citizen to buy land without a reason.
4. When the trial is faster, it will give you a chance to get the land in the property as compared to its purchase from the state.

In the rest it is usually possible to do without a court session. But how to file a claim for the recognition of ownership of land? What other features of this process should the plaintiffs know?

Content

For example, the content of the statement of claim. It must be composed according to a certain pattern. An incorrect claim is the adjournment of a hearing. Therefore, it is necessary to clearly understand what data should be indicated in the application. "Claim" about the recognition of the right of ownership of the land necessarily reflects:

• The name of the court in which the appeal takes place;
• Contact details of the claimant and the defendant;
• FULL NAME. And personal information about the parties;
• Description of the land and objects that are located on it;
• Circumstances in which there was a need to file a claim;
• The demand for recognition of land rights;
• The grounds on which a citizen submits a claim;
• The date of filing the application with the signature of the plaintiff.

All of this is a mandatory claim item. Without them, an application for recognition of ownership of land will not be accepted at all. But this is not enough. What else is required to apply to the district court?

Documents for circulation

Everything depends on the specific situation. It should be noted that the claim is far from the only document requested by the relevant authorities for judicial debate. The plaintiff will have to additionally try and attach the following list of papers to the application:

• Passport data (personal, copy of passport);
• Documents-grounds for recognizing ownership of a land plot;
• Receipt of payment of state duty;
• A cadastral passport for the property specified in the claim.

Timing

So, the citizen went to court. Recognition of the right of ownership of land will be made in the event that there is a legitimate reason for this act. But how long to wait for the result to be fulfilled?

The statement of claim in the district courts should be considered within a month (to be exact, 30 days) from the moment of its submission. If the citizen used the mail to implement the idea, then the specified period is counted when the relevant authority received the application.

Judicial recognition of ownership of land is not a rare occurrence. Only here the limitation period for this case is 3 years. So, not always after satisfying the application the citizen can relax. During the first three years, a state or organization has the right to appeal a court decision.

After the trial

The suit is behind. There was recognition of the right of ownership of land. Judicial practice often encounters similar phenomena. And often the claims are fully satisfied, and it is very difficult to refute them.

After the end of the court session, it is impossible to name the recognition of the property rights to the plot completed. The citizen will have to do something else. As soon as the application is considered in court, the plaintiff will be given a document - a court report. It will come in handy later.

Now it remains to obtain a certificate of ownership of the land. For this it is necessary to apply to the Registration Chamber or Rosreestr. The former plaintiff must provide a number of documents so that he has been issued with the appropriate certificate (now an extract from the Unified State Register of Unlimited Activities). You will need to bring with you:

• Judicial opinion;
• Documents-grounds on land, which were presented in court;
• Identity card of a citizen (passport of the Russian Federation);
• Application for registration of property rights;
• Cadastral passport.

After the citizen will be issued an extract, which indicates the date of receipt of the certificate of ownership. Additionally, a person may be required to:

• An extract from the BTI;
• Results of survey;
• Results of geodetic work.

Then you just have to wait for the appointed date. And afterwards to come to the Rosreestr for a certificate of ownership. To do this, you will need to show your passport. Only now can we call the process of recognizing land rights fully realized. By the way, in addition to the registration chamber and Rosreestra, you can apply for documents in the MFC. Only then will the receipt of the relevant certificate take more time - it takes about 45 days to process it.

conclusions

What conclusions can we draw from all of the above? Recognition of ownership of land under the house or near it - the process is not so difficult. With the right preparation it will be possible to realize the idea without a great effort. The main thing is not to forget the appropriate certificate after the court.

Rarely when the court takes the side of the defendant in this situation. Especially if the citizen decided to buy out the land. Therefore, we can hope for a win. All that is required of a citizen is to properly file a claim and attach all relevant documents.

But when registering a certificate of ownership of land in this situation, an additional receipt is attached, confirming the fact of the repayment of the plot. This is the only nuance that needs to be taken into account.