But the whole snag of this process is that the required documents may not be available . In this case, you will have to be patient and seek recognition of the right to own your own garage through the court. In addition, recognition of property rights through the court can be carried out in other cases. For example, recognition of property rights through privatization or recognition of property rights by inheritance.
What it is?
Recognition of ownership of a garage is the receipt of a title document, which can be an administrative decision or a court decision.
It is often carried out within the framework of a judicial procedure by filing a claim. The need for it arises in the case when the privatization of a garage through its registration in the department of the FS cadastre and cartography turns out to be impossible.
A similar precedent may arise when the owner of an illegal garage is unable to provide all the necessary documents for registering the property . But the appeal to the administrative body did not lead to results.
Real estate such as garages, built without complying with certain building regulations at a time when the issue of ownership was practically not raised, by and large can only be registered as ownership through the court.
If a court ruling is made in favor of the plaintiff, he will acquire property rights. Accordingly, the plaintiff needs to thoroughly prepare, in the context of all the requirements that will be presented to him.
An appeal to the court will be required if the garage has fallen into the status of “unauthorized construction”, which cannot be legitimized due to the following reasons:
- The administration refuses to issue permission for privatization.
- There was an attempt on the right of ownership of the garage (a plot of land under the garage) by third parties.
- You were not provided with documents after the construction of a garage in a new building on the basis of shared ownership.
- You have lost your garage documents and you cannot restore them.
When dividing property between spouses, as well as in other cases of establishing rights in common property, recognition of property may also be required.
Sometimes such cases arise among garage owners in garage cooperatives who understand that their ownership rights based on common ownership are too amorphous and want to separate themselves into an autonomous existence.
Filing a claim in court is based on certain established rules ; without following these rules, the claim will be categorically rejected. These include:
- Carrying out the procedure for pre-trial settlement of the issue (pre-trial reconciliation).
- Compliance with the form for drawing up a statement of claim.
- Collection and application of evidence justifying the adequacy of the claim.
Is it possible and necessary to privatize a garage in a garage cooperative?
At the moment, each garage owner is a member of the garage cooperative and for the use of the occupied premises he has to annually make a share contribution established by the board to the GSK fund. According to Federal Laws: No. 93 “On Dacha Amnesty” and No. 1541-1 “On Privatization”, any member of the GSK has the right to privatize a building.
Land, unlike a building, cannot be privatized; it, as before, will belong to the state or municipality, so registering a garage as your property makes you not only the owner of the re-registered object, but also the manager of the general property of the GSK.
For clarity and a more objective assessment of the advantages and disadvantages of privatization, we have collected the main ones in a small table:
| pros | Minuses |
| The owner has the opportunity to have sole disposal of the property: the garage can be sold, rented out, inherited, donated, mortgaged | Every year all owners are required to pay real estate tax, and this is an additional expense |
| If the building is seized by the state, its owner will receive monetary compensation | Every year you will have to pay rent for the use of the land plot on which the building stands |
| It is almost impossible to challenge the legality of property rights to a garage, which guarantees complete protection of personal property | You must always remember that you need to pay taxes; failure to make mandatory payments on time will lead to the accumulation of a large debt to the state |
Based on all of the above, we can conclude:
- if you want to own the garage alone, so that at any time you have the opportunity to alienate it for compensation or gratuitously in favor of another person - privatize it,
- if you want to continue to use the building as before, and not pay taxes, leave everything as is.
Pre-trial settlement
It must be carried out before filing a statement of claim in all cases without exception. The court does not consider claims unless the plaintiff has made an attempt to resolve the process on other grounds.
Pre-trial settlement plays a vital role, since the mandatory nature of this procedure often makes it possible not to bring the issue to court, but to resolve it at the stage of administrative or other consideration.
In order to carry out the pre-trial settlement procedure, you will have to contact the local government body - the head of the administration with an application. The reason for the application must be a request to recognize ownership of the garage and indicate on what basis you have requested recognition of the right.
Only after the administrative commission (the asset of the garage cooperative), having considered your question, refuses to recognize your right to property, do you have the opportunity to file a claim in court.
You can demand recognition of ownership rights from the administration or chairman of the garage cooperative based on the following legislative projects and provisions:
- Federal Law of the Russian Federation dated June 30, 2006 No. 93-FZ, No. 214-FZ, dated July 21, 1997 No. 122-FZ “on state registration of rights to real estate...”, “on equity participation...”, “on investment activities” and so on.
- Civil Code of the Russian Federation, art. 208, 218, 222 and the Land Code of the Russian Federation.
In fact, pre-trial settlement should not only consist of an attempt to resolve the issue without trial through compromise.
It also requires compliance with regulated deadlines, warning the defendant of your intention to consider the issue in court. The rules for meeting the deadlines for filing a claim are as follows:
- When resolving the issue administratively - within 10 days after the administrative decision with refusal is issued.
- 1 month in case of a dispute with the chairman or members of the garage cooperative about establishing ownership.
- 1 month in case of a dispute with a former spouse or third parties.
The pre-trial settlement procedure must have written documents confirming its implementation.
Step-by-step instructions for filing a claim
If you intend to determine the ownership rights to the garage through the court, you need to contact the arbitration court of general jurisdiction of the first instance, which has jurisdiction over these lawsuits.
Contact the district court at the location of the defendant against whom the claim is being filed, that is, at the location of the administration, the garage cooperative, or the place of residence of the person who challenged the ownership of your garage.
We need reasons!
The basis for filing a claim will be the possibility of confirmation on your part of ownership of the garage, as well as documents confirming the pre-trial settlement procedure. This will mean that other than going to court, your ownership cannot be confirmed in any other way. And accordingly, going to court is dictated by necessity.
find out the address of the courthouse, the surname and initials of the justice of the peace by the precinct number on the website, where you can also find a sample statement of claim, according to which you can easily draw up your own claim. In order for the application to be drawn up according to all the rules, you need to indicate incoming and outgoing data in the upper right corner, which include:
- name of the court;
- your information as a plaintiff;
- defendant's details.
Next, after the title of the document, in the main part you need to provide basic information concisely but in detail :
- about the subject of the dispute (garage);
- about the reasons for the dispute;
- about the reasons for non-recognition of property rights on the part of the defendant;
- about the pre-trial settlement procedure carried out;
- on the results of the pre-trial settlement procedure.
Finally, ask the court to recognize your ownership of the garage and explain on what basis. The grounds should not be unfounded; they must be supported by evidence. This may include all possible facts that you can substantiate with written documents or testimony. Read about recognition of property rights by inheritance here.
They must reflect your right to own the garage . It’s good if you still have bills for construction materials when building a garage. It’s even better if you personally issued a permit for the construction of this facility. If you own (use) a plot of land under a garage, submit these documents as well.
In general, everything that can directly or indirectly confirm that it was you who bore the financial expenses for the construction of the object, as well as the subsequent financial responsibility for its operation, can become an evidence base.
When preparing evidence, which must be carried out in advance, there is no need to analyze and decide for the judges which documents will be needed. Collect everything you can, and the judicial panel itself will decide on what evidentiary arguments to base the concept of your property rights.
You can download the sample here.
The same applies to the recognition of ownership of a car.
Required documents
In addition to the evidence base, you will need a package of documents, which must be listed in the statement of claim and attached to it along with other evidence. These include technical documents from the BTI on the presence of a garage as a fact of dispute, as well as the main characteristics defining it. If the garage is registered with Rosreestr , provide its cadastral passport, and, if available, the title document. Provided that the area under the garage is assigned to you in some way: by right of ownership, use, lease, etc. – be sure to submit these documents.
If the garage is not registered, and the land under it is under the jurisdiction of the municipality, you need to draw up an act of use of the garage. To do this, contact:
- to the administration;
- directly to the court;
- to independent experts.
Based on the evidence you provide, for example, that you have the keys to the garage, there is a vehicle in it registered in your name, neighbors confirm that you regularly use the garage, etc., an act will be drawn up. It must be attached to the application.
If you are suing your ex-spouse and plan to receive a share of the cost of the garage, you must provide the results of its assessment by an independent expert. And if you intend to separate from the garage cooperative, a certificate of paid membership fees.
As you can see, each situation will require a specific and flexible approach, taking into account the nuances of the history of the owner and his property.
A mandatory condition will be to attach a receipt for payment of the state duty. Its amount will be 200 rubles. But if you divide property after a divorce and claim half (another part) of the total value, then you will additionally pay a fee depending on the amount of the claim. It can be charged from 2,000 rubles. In this case, in the statement of claim you will need to indicate the exact amount that you plan to receive as a result of recognition of the right to part of the property.
Limitation of actions
In such matters, it is usually determined by the general limitation period, which is 3 years . But in some cases, this period can be renewed, that is, its calculation will begin anew.
For example, if the owner’s garage is being used by third parties, but the owner did not and could not know about it (he was away, sick, etc.) - the statute of limitations will begin to count from the moment the garage owner knows about it found out. If, along with the garage, you are also applying for the right to own a house, read about the procedure for your actions at the link.
results
The results of the trial will be announced at the end of your case.
They will be properly documented in the form of an extract from the court decision.
You will be able to receive the extract on the appointed day upon presentation of your passport against signature.
Upon presentation of the extract, you will be able to register the garage with Rosreestr and receive a certificate of ownership. It will also indicate in detail the extent to which your claim is successful and what legal actions you can take.
A positive court decision will play the role of a title document ; its legal force allows compensation for all missing documents.
Appealing a court decision
In case of refusal, an appeal is carried out on the basis of a court decision, which in a reasoned form reflects the reason for the refusal. You can appeal it within 10 days in an arbitration court of general jurisdiction of the second instance.
When filing a claim to appeal a court decision, pay attention to what grounds and in accordance with what reasons your claim was denied. When appealing, you must change your claim strategy.
In this case, in the statement, you no longer indicate the previous reasons, but indicate your complaints about the court hearing, which did not pay due attention to the facts that confirm your right of ownership, and therefore made an unlawful decision against you.
Look for clues about the procedure , take into account all the nuances that can play a positive role for you. And most importantly, build on the grounds for which you were rejected, supporting your weak points with more carefully formed evidence.
General rules for registering real estate
Despite the variety of situations associated with garages, they are registered according to the same rules as any real estate. To obtain a certificate of ownership, you need to contact Rossreestr and submit three main documents:
- certifying the right of ownership - purchase agreement, shared construction, certificate of payment of a cooperative share, certificate of inheritance;
- cadastral passport - only the object registered in the State Property Tax Register is registered as a property;
- proving the right to use the land - a lease agreement, a decision of government agencies on the allocation of a plot, a certificate of ownership.
In addition to the listed documents, you will need: passport, state duty receipt. The application must be completed on site. You can also apply through the MFC and the State Services portal. Registration is carried out within 10 days. The registration chamber may request your passport and payment information itself, but it is better to submit them to save time.
The problem is that many actual owners have no documents, or they are prepared incorrectly. Massive development of GSK occurred in the 70-80s, then they were not subject to cadastral registration. There were many violations during construction, documents were stored carelessly, and sometimes they were destroyed deliberately. How to register a garage as your property, where to start in each specific case - read below.
