What is recognition of ownership of a land plot?
The procedure for recognizing ownership of land plots is regulated by the Constitution of the Russian Federation, the norms of the Civil Code of the Russian Federation, the Land Code and other regulations of federal and regional significance.
In accordance with the norms of the Land Code of the Russian Federation, recognition of the right to a land plot can only be realized through the court. A properly formalized right allows the owner not only to use, but also to sell, lease and inherit the land without any restrictions.
You can protect your land rights in accordance with the norms of the Civil Code of the Russian Federation by recognizing them. Taking into account the fact that the right to a land plot (LZ) is not inviolable, it can be challenged or confirmed in court. In accordance with Art. 261 of the Civil Code of the Russian Federation, the right to use and own a land plot is associated with the sale of not only the plot itself, but also all real estate located on it, as well as all plants and water bodies located on it.
Grounds for filing a claim for recognition of ownership of a land plot
In accordance with Art. 8 of the Civil Code of the Russian Federation, ownership of land plots and any other real estate may arise after:
- the parties enter into a relevant transaction or sign an agreement;
- acquisition of memory in accordance with legal norms;
- adoption of a legislative act by government agencies;
- the occurrence of certain consequences that provide for the acquisition of civil rights (contract of gift or inheritance);
- making a decision by a judicial authority.
If the ownership of land is denied, disputed or called into question, then, in accordance with Art. 59 of the Land Code of the Russian Federation, its owner has the right to appeal such actions in court. Until property rights are restored, the owner’s exercise of his civil rights such as sale, lease, donation, inheritance or exchange will be difficult.
Existing methods of recognizing rights to a plot
The right to own property (civil rights and obligations) arises under several circumstances, which are spelled out in Article 8 of the Russian Civil Code in force after the latest amendments:
- after drawing up the relevant agreement or concluding a transaction;
- after legal acquisition;
- on the basis of legislative acts drawn up by state authorities;
- on the basis of events that provide for the onset of civil rights, including property rights;
- judicially.
Recognition of the right to a plot, according to Article 59 of the Land Code of Russia, is possible in court only by those who have legal rights to this plot. This method is used in the event that the right to property is questioned or this very right is generally denied. This significantly complicates the implementation of civil rights and freedoms to the plot: its transfer for rent, sale, exchange, donation and inheritance.
How to draw up a statement of claim for recognition of land rights
Recognition of land ownership in court is associated with the need to draw up and submit an appropriate statement of claim, to which must be attached the documents provided for by law, which become the basis of the evidence base of the interested party.
The claim can be filed by the owner of the land plot whose rights were violated, or by a representative authorized by a power of attorney. The defendant in this case will be an individual or legal entity (municipal authorities, Rosreestr bodies) that violated the rights and legitimate interests of the owner.
The subject of the claim will be the entire land plot or part of it on which a controversial issue has arisen. If the value of the land plot is less than 50 thousand rubles, then the claim is filed in the magistrate’s court. In all other cases, the dispute is considered in the district court at the location of the land.
Note! In accordance with Art. 64 of the Labor Code of the Russian Federation, at the request of the plaintiff and defendant, the case may be considered in an arbitration court, which resolves economic or commercial disputes on a contractual basis.
The statement of claim has an approximate form for all plaintiffs, regardless of the court to which it is sent. It should include:
- full name of the judicial authority;
- FULL NAME. and contact details of the plaintiff and defendant;
- complete data on the subject of the dispute, taking into account the address of the land plot, its size and cadastral number;
- grounds for acquiring land and confirming them with relevant documents;
- specific circumstances confirming the violation;
- civil and land norms that have been violated and are the basis for restoring violated rights.
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What documents will be required to consider the case?
Recognition of ownership of land by inheritance or on another basis is possible if there are documents attached to the claim:
- state certificate land registration;
- extract from the unified state real estate register;
- certificate of ownership issued on the basis of the old model;
- a certificate of inheritance or a fixed-term and perpetual right of use, issued according to old models;
- state acts on allotment of land plots;
- information from primary inventory, household or land books;
- approved projects for organizing partnerships and gardening plots;
- receipt of payment of state duty.
What evidence will be taken into account by the court in favor of the applicant?
All documents confirming the validity of the claim must be collected before the start of the court hearing and before filing the claim. Responsible ownership of land can be confirmed by presenting to the court invoices and receipts for payment of land tax and maintenance of the land plot.
If there is a house on the land, then documents confirming its registration are submitted to the court. The evidence base will also be certificates requested from the archives. In addition, the court will take into account:
- testimony of witnesses, including those certified in writing by a notary;
- administrative acts;
- opinions of experts and independent appraisers.
Peculiarities of consideration of cases on recognition of land ownership rights by inheritance
The court considers the claim within the framework of the claims stated by the plaintiff and the stated circumstances of the case. The plaintiff and defendant need to rely not on their emotions, but only on certified documentary evidence and facts, as well as on expert opinions and witness testimony. A positive result depends on a clearly developed action plan that will be clear to the judge.
The court may invite the parties to make mutual concessions and enter into a settlement agreement. If it is in the interests of both parties, they can sign this document in court.
At the end of the consideration of the case, the court makes a decision, guided by the norms of Part 1 of Art. 196 Code of Civil Procedure of the Russian Federation and Part 1 of Art. 168 Arbitration Procedure Code of the Russian Federation. The parties receive an extract from the decision in the form of a reasoning part within three days after its issuance. The parties have 10 days to appeal to a higher regional court. If the decision has entered into force, then each of the parties must execute it, otherwise a bailiff will join in the enforcement.
If, for example, the plaintiff filed a claim for recognition of ownership of land due to acquisitive prescription, and the court ruled in his favor, then this will be the basis for the state registration authorities to make appropriate entries in the state. real estate register.
What nuances to consider when filing a claim?
A statement of claim for recognition of ownership rights is filed with the district court. In some cases, such cases are heard by a magistrate. The application must be accompanied by copies of documents confirming your rights, cadastral extract, and passport. The text of the application must indicate:
- how did you acquire title to the land;
- why the registration authorities refused to recognize you as the owner;
- on what norms of law are your demands based (usually this is Article 2 of the Constitution of the Russian Federation, Article 12 of the Civil Code of the Russian Federation and Article 59 of the Land Code of the Russian Federation).
Judicial practice regarding cases of recognition of property rights has developed in favor of the plaintiffs: if a person can provide evidence that the land belongs to him, he will most likely be recognized as the owner.
