Acquisitive prescription: law and terms, judicial practice

Conditions of acquisitive prescription

It is obvious that by taking possession of property by unlawful means, such as, for example, concealing documents or seizing space, contrary to the will of the legal owner, the possibility of applying acquisitive prescription is excluded. But if you owned real estate in good faith, for example an apartment, that is, you did not hide the fact that you lived in it, allowed guests in, paid bills on your own behalf, carried out current and major repairs - then there is a way out, and this is the possibility of obtaining rights through the rules on acquisitive prescription.

statute of limitations for acquisitive limitation: you must use the real estate so that there are no interruptions in residence for fifteen consecutive years;
live not on the basis of a lease agreement (click on the link you can get acquainted with an advantageous offer for drawing up any agreement on our part) or other agreement with the owner, do not hide from anyone that your use is not backed by written documents giving you the right to housing ;
own the apartment in good faith, that is, not know that there is no basis for the emergence of your ownership rights.

Advantages of registration in the order of acquisitive prescription

inner peace and confidence in the future arises, there is no fear of losing what money is invested in (current repairs, redevelopment, improvements);
property rights registered on the basis of a court decision with the registration authority provide prospects for improving living conditions because it becomes possible to sell the property and make a down payment on a mortgage loan;
a legal right to rent out the object arises, because now continuity of ownership, as well as proof of openness of use, is no longer required. Receiving income from rental property can be considered as an additional incentive when deciding whether or not to register real estate through the process of acquisitive prescription for property.

What papers are needed?

A citizen will need to carefully prepare for proceedings before a judicial authority. The main point in this direction is how complete the documentation package is. If a person does not have compelling arguments to support his position, he will not be able to confirm the existence of rights regarding the land plot. The decision is made on the basis that continuous ownership of the plot has been proven. In addition, there must be evidence that the person has openly used the site and is in good faith.

Other facts and evidence may be required. The important point is that you cannot use arguments the use of which is unacceptable according to the provisions of the law. The main package of documentation includes an act through which a citizen verifies his identity, testimony of witnesses, as well as documentation of payment value. You will also need technical certificates for the property, confirmation of payment of the fee, as well as payment of land tax. The citizen collects archival certificates and extracts from the register. In addition, cadastral acts are needed.

IMPORTANT !!! When it comes to legal succession, you will need to collect documents indicating the presence of a relationship with the citizen who previously owned the plot. It is important to collect such acts that can confirm the existence of rights to the site over the past 15 years. The fact that a right is recognized in court does not mean that this right is likely to be challenged by other persons. They may view themselves as the rightful owners of this plot. The earlier owner has the opportunity to prove that he is the actual owner and also to reclaim his plot.

This authority is retained by him, even in a situation where the allotment is transferred on the basis of a court decision. At the same time, this citizen was not at the meeting and he did not challenge it in a higher authority; he still has this opportunity. In such a situation, the defendant is a citizen who is the actual illegal owner. The right in question cannot apply to a situation where there has been an unauthorized seizure of territory. At the same time, it does not matter whether buildings are erected on the territory or not.

If the specified citizen applies to the judicial authority, he will be denied recognition of his rights to the property. In addition, there will be an obligation to demolish illegal buildings.

Acquisitive prescription for property through court

A statement of claim to the court for recognition of rights to property due to prescription is a good opportunity to become the rightful owner of the occupied objects.

How to file a claim in court for acquisitive prescription?

In accordance with paragraphs 2-3 of paragraph 19 of the Resolution of the Plenum of the Supreme Arbitration Court No. 10, the specified statement of claim is presented to the former owner of the property. If the plaintiff does not know such a person, then the state registrar is involved as a defendant (interested person).

The rules for drawing up an application are no different from the general rules established by procedural legislation.

According to the text of the application, you must indicate the name of the location of the property, describe the evidence confirming that you in good faith own this property “as if it were your own” (clause 1 of Article 234 of the Civil Code of the Russian Federation).

In the pleading part, indicate - I ask you to recognize the Plaintiff’s ownership of such and such a thing due to acquisitive prescription.

What documents can be presented to the judge for acquisitive prescription?

A copy of the technical passport;
Documents proving that you have continuously and in good faith owned the property for a certain period of time (more than 5 or 15 years).
A document confirming the sending or delivery of a copy of the claim (and its attachments) to the defendant or other involved persons;
Receipt for payment of state duty;
The Law Office “Katsailidi and Partners” will explain to you about other documents (depending on your legal status).

Confirmation procedure

The ownership right of a long-standing owner is established on the basis of a judicial act. The defendant in the claim is the former owner. If the applicant does not have information about the previous owner of the property, the court considers the petition to recognize the fact of ownership.

Grounds for filing a claim

You can file a claim for recognition as an owner after the expiration of the period established by law.

The reasons for filing a claim include:

lack of information about other applicants for property;
property claims of third parties;
lack of results after pre-trial settlement.

Read also: State duty when entering into an inheritance

In accordance with the requirements of Article 56 of the Code of Civil Procedure of the Russian Federation, the plaintiff (applicant) independently collects evidence confirming his right to real estate.

Sample statement of claim

Cases on recognition of acquisitive prescription are heard in district (city) courts. If the value of the disputed property is less than 50,000 rubles, the appeal will be accepted by magistrates. The petition is submitted to the judicial authority at the location of the property.

The outcome of the claim depends on the exact presentation of the circumstances. To obtain information about the owner, you must first request an extract from the unified real estate register from Rosreestr.

Sample statement of claim

The statement of claim states:

name and address of the judicial authority;
personal data of the plaintiff (last name, first name, patronymic, postal address, contact phone number);
information about the defendant (last name, first name, patronymic, residential address);
start date of ownership;
circumstances of receipt of property;
a brief description of the disputed object (for example, technical and cadastral parameters of real estate, characteristics of the vehicle);
links to current legislation;
request for recognition of ownership;
list of documents confirming the requirement.

On a note! If ownership is established in relation to ownerless property, the application is considered in a special proceeding.

In such a situation, the court involves the municipal administration as an interested party.

Documentation

Before filing a claim, it is necessary to prepare papers indicating the applicant’s right to apply acquisitive prescription.
The set of documents includes:

technical and cadastral passports (copies);
conclusion on property valuation;
a certificate from the passport office about registration in the disputed real estate;
receipts for the purchase of building materials;
extract from personal account;
receipts for utility bills in the name of the applicant;
copies of receipts for the transfer of funds for the purchase of property.

Testimony of witnesses regarding long-term possession of the disputed object may be accepted as evidence.

Cost of claim

A mandatory point in a statement of claim for recognition of ownership rights is the cost of the claim.
The cost of the claim is calculated individually. The cadastral or market value is used for calculation. The Tax Code of the Russian Federation stipulates that the amount of the claim cannot be lower than the inventory valuation of the property. If such information is not available, the price of claims is determined by the insurance contract.

State duty

The amount of the state fee depends on the value of the claim. The amount of the contribution is set as a percentage of the amount of claims (Article 333.19 of the Tax Code of the Russian Federation). The minimum state duty is 400 rubles, the maximum is 60,000 rubles.

If property claims are not subject to assessment, the fee for citizens is 300 rubles.

Refusal of the claim

Courts often refuse to apply acquisitive prescription to actual owners.
The grounds for refusal of a claim are the following circumstances:

insufficient tenure of real estate (less than 15 years);
existence of demands for the return of property;
an illegal method of acquiring property (for example, through deception or fraudulent activity);
violation of the condition of continuity of ownership;
contractual basis for providing property for use.

Recognition of the statute of limitations will be refused if, during the consideration of the case, it turns out that the plaintiff hid information about the ownership of the disputed property.

Challenging a court decision

The legislation provides citizens and organizations with the right to appeal a judge's verdict to higher authorities.

Read also: Registration of ownership rights to real estate

The parties have 1 month from the date of the reasoned decision to file an appeal. The judicial act shall indicate the reasons for the refusal to apply acquisitive prescription.

If the plaintiff is sure of his rights, he needs to provide additional evidence. When drawing up an appeal, you can consult with lawyers who have positive experience in handling cases of this category.

Refusal of acquisitive prescription

First of all, don’t despair. Perhaps you have not reached the acquisitive statute of limitations, not all documents confirming your right to the property have been attached, or the petition part of the application has not been drawn up correctly. There may be a lot of nuances in this matter, but it is quite difficult to understand these legal subtleties without the appropriate education and experience, if not, it is impossible. Therefore, if your claim is denied, contact us; you need the help of a professional!

Judicial practice on acquisitive prescription

A case from our legal practice that ended in a win in favor of the plaintiff:

V.’s family consisting of I.V. and S.V. in 1994, an apartment was given to them by a trust, but they were not given any documents when entering this apartment. Later, the residents were registered at their place of residence. Currently, two children live with them. From the moment they moved into the apartment, the family paid bills for heat and electricity. She independently bore the costs of maintaining the house. During this entire period, the owner of the residential premises did not make any claims regarding the apartment. Since the family openly, conscientiously and continuously owned the apartment for 15 years, they wanted their ownership rights to this property to be recognized, since they have such a right. No one has ever attempted to challenge their rights to this apartment. V.’s family had no other housing, and there was no possibility of purchasing it.

Based on the provisions of the Constitution of the Russian Federation and the norms on acquisitive prescription, the court made a decision to recognize the V. family’s ownership of this apartment, which allowed them to register the right to property in the Office of the Federal Registration Service for the Sverdlovsk Region. So, with our help, the family was able to become the full owner of their home, and you also have this opportunity by solving the problem of acquisitive prescription for property.

How to apply?

A plot of land in SNT can be registered as a property in accordance with the provisions of civil law. At the same time, an important point is that it will not be possible to use acquisitive prescription in relation to plots that belong to state or municipal authorities. Judicial practice in 2021 indicates that the state has the opportunity to withdraw an allotment from circulation or establish a restriction regarding the use of a specific area. This will require a decision by a judicial authority.

The authority in question can be transferred to plots that are duly recognized as ownerless. In addition, this may apply to plots formally owned by another person. The resolution of the Plenum of the Armed Forces of the Russian Federation indicates that in order to receive an allotment, certain conditions will need to be met.