How to draw up a statement of claim to the court on land issues?

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How to draw up a document correctly

In a statement of claim, the initiator of legal proceedings states his demands to the opposing party, supporting them with reasonable arguments and evidence. To guarantee success, it is necessary to work hard and make efforts to collect documents that will help prove the legitimacy of the plaintiff’s claims and sway the court on his side.

All steps towards achieving the goal and obtaining a positive court decision are clearly stated in the procedural codes, in particular in the Civil Procedure Code.

Remember! In order to correctly draw up a statement of claim in court, the plaintiff must correctly determine who will act on the opposite side, that is, who will be the defendant. This may be a private person or the head of a government agency who illegally claims a plot of land belonging to the plaintiff or prevents him from exercising his rights to register ownership of the land.

For example, a government agency’s refusal to register ownership of land or real estate.

Land tax benefits for pensioners

How to combine land plots into one, read here.

How a land plot is confiscated from the owner in SNT due to non-use, read the link:

The Civil Procedure Code clearly states all the attributes necessary for a claim:

• The header must indicate in which court the claim is being filed, as well as its address. Next, you need to clarify the identity of the applicant. The word “Plaintiff” is written, his last name, first name, patronymic and address. Then you also need to describe the opposite side. After the word “Respondent”, his personal data or full name, organizational and legal form, legal and actual address are indicated;
• characteristics of the disputed object: address of the site, its size, cadastral number if available;
• information about the ownership of the land plot - to whom and on what basis it belongs, for what time;
• a description of who and how the plaintiff’s property rights were violated;
• reference to clauses of regulatory legal acts (Land Code, Civil Code of the Russian Federation), which are grounds for going to court and recognizing the plaintiff’s property rights;
• in conclusion - a statement of specific requirements for recognition of ownership of a land plot, and also, at the request of the plaintiff, demands for reimbursement of the state duty paid and expenses for a representative may be included here.

Rights violation

The court also resolves issues related to refusals to register property rights on illegal grounds. Refusals of state institutions, local administrations and individual officials can be considered in court. You can appeal a refusal within three months after its issuance. However, this period can be extended in court if the injured citizen has valid reasons that he can confirm.

The decision will be made in accordance with procedural codes, federal legislation and government regulations with all regulatory documents.

Before a decision is made in court, legal experts should be consulted. Obtaining a satisfactory court decision will largely depend on a legally competent approach to the case.

The information in this article is provided for informational purposes only. We recommend that you contact our lawyer.

Through the court

What are we doing?

We recognize ownership rights to land plots through the court

(registration of land ownership in court).

In all cases, when for some reason you are unable to obtain ownership of a land plot in the usual manner, through the court (registration of ownership of a land plot in court) is the solution to your problem.

In what cases can ownership of a land plot be recognized through court?

Acquisition of ownership of a land plot due to prescription of possession (Article 234 of the Civil Code of the Russian Federation) - acquisitive prescription. The defendant is the local administration.

The land plot was transferred by the testator to another person under an invalid will. The defendant is the illegitimate heir.

The inheritance deed for the land plot has been lost and cannot be restored. The defendant is the local administration.

Acquisition of land plots with residential buildings located on them, as a result of transactions that were completed before the entry into force of the USSR Law of March 6, 1990 N 1305-1 “On Property in the USSR”, but which were not properly formalized and registered, and Currently, Rosregistration refuses to register your property rights. The defendant is the local administration.

You have the right to permanent (indefinite) use of a land plot (Article 20 of the Land Code of the Russian Federation) if the administration refuses to transfer ownership of the plot to you. The defendant is the local administration.

In all of these cases, an effective measure aimed at protecting your rights.

What problems does the lack of ownership of land cause?

a) you cannot sell, donate, exchange land

b) you cannot leave a plot of land as an inheritance to your children

c) your land plot can be transferred to someone else by the local administration, because you are not officially the owner

Regulatory framework

Civil Code of the Russian Federation part 1 and part 2

Land Code of the Russian Federation

Federal Law “On state registration of rights to real estate and transactions with them”

Federal Law “On the State Real Estate Cadastre”

If you have any questions about
(registration of land ownership in court),
you can
recognize the ownership of a land plot through the court
in our free online legal consultation.

Grounds for application

There must be compelling legal reasons to initiate any lawsuit.

In the event of initiation of legal proceedings for recognition of ownership of a land plot, these will be:

• the rights and legitimate interests of the owner of the site are violated by third parties;
• the victim tried to resolve the dispute without involving the court, which is officially confirmed.

Property rights can be violated in the following ways:

• refusal of a local government body to privatize a land plot;
• unjustified termination of registration of a property transaction;
• disagreement of former spouses when dividing jointly acquired property;
• violation of the rights of the heir entering into ownership rights by a notary or other claimants to the inheritance;
• loss of documents confirming ownership of real estate;
• land squatting;
• forced allocation of a plot of land from joint shared ownership if other owners or the board of a dacha or garden cooperative oppose this;
• illegal seizure of a plot;
• other cases in which judicial resolution of the case is necessary: ​​illegal use of the site, determination of the boundaries of the site.

Nuances of filing a claim

Claims regarding ownership of a land plot must be filed with an arbitration court, which is geographically located in the same region where the object of the dispute is. The essence of going to court is the requirement to establish and obtain ownership rights through the courts. In this case, there should be only one requirement. With such a claim, the owner does not have the right to ask the court to remove any obstacles that may affect the deprivation of these rights.

Before going to court, you should take into account that there are two types of statements of claim and when drawing them up, you need to clearly formulate the essence of the conflict. The following types of claims exist:

Whatever the requirements, it is imperative to provide documented evidence, contracts, acts, receipts, witness statements, and, if necessary, photographs and videos confirming any important facts in order for the decision to be satisfactory.

What documents will be needed

To be sure of a positive resolution of the case, it is necessary to support the claim with a worthy evidence base.

Mandatory documents when considering cases of recognition of land ownership are:

• a document that proves the plaintiff’s ownership of the land plot;
• cadastral passport of the plot;
• certificate of ownership, if available;
• divorce certificate of the spouses if they cannot agree peacefully on the division of property;
• certificate of inheritance, if a dispute between claimants to inheritance is being heard;
• identification document of the plaintiff;
• a notarized power of attorney, if the victim protects his rights through a representative;
• receipt of payment of state duty.

Also attached to the claim is evidence of attempts to pre-trial resolve the dispute and other documents that will help persuade the court to side with the plaintiff and confirm that he is right.

The procedure for recognizing ownership of a land plot through the court

1. You provide us by e-mail, or in person at your or our office, information and documents for:

A copy of your passport;

Primary materials of the case:

Agreement, act, resolution on the basis of which you acquired / were allocated a plot of land;

Old-style certificate of ownership;

Documents confirming payment of all payments for the plot for the entire period of ownership - receipts for payment of utilities, property taxes;

In case of inheritance, additionally - a certificate of opening of inheritance, materials of the inheritance case;

2. We study the submitted documents, evaluate the possibility of recognizing ownership of the land plot

, We are informing you.

3. You transfer to us the remaining documents that are necessary to prepare a claim and claim for, issue a power of attorney to our specialists to conduct the case and recognize ownership of the land plot through the court

and further registration of ownership of the land.

4. We are preparing a claim for recognition of ownership of a land plot through the court

, which we send to the defendant.

5. Upon expiration of the deadline for responding to a claim for recognition of ownership of a land plot through the court

, established by us in the claim, we prepare a statement of claim
through the court
, coordinate it with you and send it to the court.

6. We are handling the case to recognize ownership of a land plot in court

until you get the result.

7. We receive a court decision in the case of Fr.

8. As a result of recognition of ownership of a land plot through the court

We register your ownership of the land plot with Rosregistration (Federal Registration Service) and give you a certificate of ownership of the land plot.

Additionally:

1. You will also need to obtain cadastral registration documents necessary for recognition of ownership of a land plot through the court

– survey materials, cadastral passport.

Presentation of evidence

Evidence when considering cases on recognition of ownership rights to a land plot is a mandatory aspect of legal proceedings. Without evidence, the claim will be declared invalid. Therefore, it is very important to collect the maximum amount of high-quality and compelling evidence before the trial; it will serve as confirmation of a violation of the plaintiff’s rights.

The following documents will be required as evidence:

• receipts for payment of taxes, maintenance, bills for the site;
• technical documentation for the structure, if the disputed area is located underneath it;
• project and construction permit, if the facility has not yet been completed;
• all kinds of acts, examinations, opinions, assessments of independent experts.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Deadlines through court

According to Article 154 of the Code of Civil Procedure of the Russian Federation, “civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court,” i.e. within approximately two months, your ownership of the land will be recognized by the court.

The deadline for registering ownership of a land plot with the Federal Reserve System is 30 calendar days.

Total ~ 3-4 months

In some cases, the deadlines may be delayed due to active opposition from the local administration, which has its own plans for your land plot and wants to sell it for the construction of, for example, a cottage village. The court's decision to recognize your ownership of the land will put an end to the administration's plans for your property once and for all.

Jurisdiction

In order to begin the legal proceedings as quickly as possible, it is necessary to correctly determine which court has the right to hear the case of recognition of land ownership. The law is categorical on this issue: the case can only be initiated at the location of the disputed land plot.

That is, the claim is filed in a city or district court. However, there is the possibility of considering such a case by a magistrate - if the amount of the claim does not exceed fifty thousand rubles. But, given that we are talking about land, most likely the cost of the claim will be many times higher.

Privatization or buyout

The first point that requires clarification is what kind of registration of property rights the citizen is applying for. There are two options for the development of events - redemption or free acquisition of real estate due to privatization.

This moment plays an important role. Especially when filing a claim. Depending on the situation, the list of documents that must be submitted to the judicial authorities will change.

The claim itself will also be different. In the first case, a claim is filed for the purchase of a land plot with subsequent recognition of ownership rights to it. In fact, the citizen wants to buy the land and become its owner. In the second case, we are talking about a claim for ownership of the site. It is more difficult to defend a statement in this situation than it seems.

Compilation example

To independently draw up a statement of claim for filing in court, use the following sample:

After the trial

The lawsuit is over. Land ownership was recognized. Judicial practice often encounters similar phenomena. And often the claims are satisfied in full, but it is very problematic to refute them.

After the end of the court hearing, the recognition of ownership rights to the plot cannot be called complete. 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 judicial opinion. It will come in handy later.

Now all that remains is to obtain a certificate of ownership of the land. To do this, you need to contact the registration chamber or Rosreestr. The former plaintiff must provide a number of documents in order to receive the appropriate certificate (now an extract from the Unified State Register of Indefinite Validity). You will need to bring with you:

• judicial opinion;
• documents supporting the land, which were presented in court;
• citizen's identity card (Russian passport);
• application for registration of property rights;
• cadastral passport.

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

• extract from the BTI;
• survey results;
• results of geodetic work.

Then you just have to wait for the appointed date. And then come to Rosreestr for this. You will need to present your passport. Only now can the process of recognition of land rights be considered fully implemented. By the way, in addition to the Registration Chamber and Rosreestr, you can apply for paperwork at the MFC. Only then will obtaining the appropriate certificate take more time - its registration takes about 45 days.

Let's go to court

A claim demanding recognition of the plaintiff as the owner of the plot is filed in court in order to protect the rights of citizens who are prevented from using these rights. The rule of exclusive jurisdiction applies to land plots. This means that only a judicial body that conducts its work at the location of the land plot can open a case. Both magistrates and district judges can hear such cases. In the first case, the plot should be cheaper than fifty thousand rubles. Nowadays, plots with such a price are very difficult to find. Accordingly, most of the burden falls on the district court, where deprived citizens go to seek protection. The general data that a statement of claim for recognition of land ownership rights should contain is, in principle, no different from the content of a standard statement of claim:

• court data;
• plaintiff's details;
• defendant's details;
• description of the disputed plot of land, its location;
• data on land ownership (who owns and uses it, from what time and on the basis of what title documents);
• as a result of what events (actions/inactions) the property right was violated (or not provided, or limited, etc.);
• references to regulations governing legal relations in the land sector, which, according to the plaintiff, were violated;
• the plaintiff’s demand (what he wants to achieve as a result);
• date, personal signature;
• applications.

The documents that are attached to the statement of claim as an appendix usually include:

• power of attorney;
• checks for state fees;
• title documents for the subject of the dispute (in our case, this is land);
• other documents that can confirm the information specified by the plaintiff.

Typically, copies of documents are attached to the application, and the originals are brought directly to the court hearing. When going to court, you also have the right to invite a person with experience in the legal field as a proxy. Or get the necessary advice in real time thanks to the work of lawyers online. and you can get an answer to it without even leaving the courtroom. And completely free.

The resolution of conflicts and controversial situations related to real estate in Russia occurs exclusively through the courts. Litigations between land owners to clarify all the circumstances often drag on for a long period. In order for the court to make a decision as quickly as possible, you need to know how to correctly draw up a statement of claim for recognition of ownership of a land plot.

It is practically impossible to challenge a decision made at the state level in the future. The defendant has no right to disobey and continue to encroach on territory that does not legally belong to him. The claim itself may contain a request to recognize the plaintiff’s right to own a land plot or, on the contrary, to deprive the defendant of this right. Whether the plaintiff receives a positive decision or a refusal depends on how legally competent the applicant approaches filing a claim, can clearly and fully state the situation, what evidence he attaches to the application and whether he collects written testimony from witnesses.

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Foundation documents

The next stage is collecting documents. The grounds for recognition of land ownership play a huge role. There is no way to do without them. If a citizen does not have any papers that can serve as grounds for satisfying the claim, there is no hope of success. What could this be?

It all depends on the situation. Therefore, you should initially thoroughly study the grounds on which this or that site is used in general. Recognition of ownership of the land under a house or any other real estate usually proceeds without any special problems. Indeed, in this case, there are grounds - this is the ownership of a building that is closely connected with the site. In order for the claim to be satisfied, the following can be provided as grounds:

• certificates of ownership of buildings and structures produced on the site;
• land/house/garage lease agreement;
• purchase and sale agreement (both land and buildings on it);
• certificate of inheritance (including a will).

Accordingly, if these papers are available, it is possible to recognize the citizen’s legal rights to the land plot. It often happens that there is a document about home ownership, but it does not indicate any information about the land. What to do in this situation?