Documents confirming ownership of the garage

The procedure for registering a garage as property

Author: I am a Capitalist. . Date: February 21, 2021. Reading time 7 minutes.

A permanent garage is the same real estate object as a residential building. If it is not registered, then it will be impossible to sell, bequeath or donate it, and it sometimes costs a lot of money. Registration of property rights is complicated by the fact that many owners do not have the necessary documents.

Due to active urban development, cases of demolition of garage complexes have become more frequent. Therefore, the owners of one, or even several boxes, at GSK are seriously concerned about the issue of how to register a garage as their property. Even if the city needs the territory for development, the legal owners will be paid compensation in this case. Its size usually covers the cost of purchasing or building another motorhome to replace the lost one.

It is also better to put the documents for detached garages in order. During cadastral work, any object is marked on the plan, but from a legal point of view, it is not property and has no value. In addition, any discrepancies between factual data and documents may cause refusal to register property rights.

We are, of course, not talking about temporary structures such as shells and the like. They are easy to drag when a threat arises. An immovable object is a permanent structure inextricably linked to the land. Registration of ownership of a garage and the procedure vary depending on where it is built and on what land. Let's look at three typical situations.

1. Construction on a summer cottage, in the courtyard of a private house.
2. A separate building on someone else's (unregistered) land.
3. Boxing in a common garage community, cooperative (GSK).

Registration of garage ownership through the court

In order to answer your question and help you, I need to know the details. Therefore, write to me and explain everything in detail, and we’ll think together about what can be done. If you need more detailed advice or need help resolving an issue, please contact me by email. mail or call 8 953 7029392 I will be glad to help. ALL CONSULTATIONS ARE FREE OF CHARGE.

An application is required for the trial. The statement to establish a fact of legal significance must indicate for what purpose the applicant needs to establish this fact, and must also provide evidence confirming the impossibility of the applicant obtaining the appropriate documents or the impossibility of restoring lost documents.

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.

Garage on your own site

There is only one fundamental difference between a personal garage (Fig. 1) and a house: it is a non-residential building. A building permit is not required for its construction unless it is intended for commercial purposes. There are no difficulties if:

1. own land plot or have a lease agreement with the right to develop;
2. agricultural land, intended purpose - summer cottages, gardening;
3. The plot is allocated for individual housing construction, land of settlements.

To obtain the right you need:

1. Check upon request (Rossreestr) whether the garage is registered (if you bought a plot and don’t know this for sure);
2. If the answer is negative, prepare a technical plan (BTI, or from a cadastral engineer) based on the available technical documents or declaration (letter of the Ministry of Economic Development D23i-1644, 05/14/2014);
3. Register the property with the cadastral register (10 days), obtain a passport (5 days).

Next, apply for registration of rights. As part of the dacha amnesty, you can simultaneously register all objects: a plot of land (without a boundary plan), a house and a garage (according to the declaration).

A BTI technical passport issued before 2008 (before the Cadastre Law came into force) is equivalent to a cadastral one. All such objects should have been automatically registered with the State Tax Committee.

Private owners sometimes underestimate the importance of official registration, out of laziness or unwillingness to pay property tax (by the way, it is not collected from dacha properties). Winning a boundary dispute by a neighbor can lead to him ending up behind your fence, and stepping on the red line can lead to demolition at his own expense.

Legalization of unauthorized garages

The unauthorized construction is determined by three signs:

1. there is no building permit;
2. urban planning norms were violated;
3. located on land not allocated for this purpose.

The first two conditions are unimportant; the stumbling block is the ground. There are two situations here.

1. The garage is owned, the land is not. This is possible, all laws (on real estate, cadastre, land) were adopted at different times, there was a lot of confusion. If there is a lease agreement, a decision on the allocation of land, the owner has a pre-emptive right to privatize the site under the building under Article 39.20 of the Land Code. Required:
   contact the administration with an application and attach a cadastral passport of the plot; if it is not there, carry out land surveying work at your own expense and enter it into the State Property Committee;
2. after receiving permission, register ownership of the plot (Rossreestr).
3. There are no documents or rights to the land. It will not be possible to legalize unauthorized construction. Until 2006, this was allowed (clause 3 of Article 222 of the Civil Code), if the administration, at the request of a citizen, allocated him an actually occupied plot. Now the right to such property can only be recognized by a court. And not only for the one who built the garage, but also for the owner of the land, for example, the city.

You shouldn’t rely on Article 234 of the Civil Code (acquisition prescription over 15 years). Courts generally do not consider such possession to be bona fide. Of course, if some additional documents, witness statements, etc. are presented, the issue may be resolved positively.

The procedure for registering garages in GSK

We mentioned above that registering a garage does not require obtaining permits. But this rule applies only to individuals. GSK is a legal entity, therefore Rossreestr additionally requests: an act of commissioning (before 2005) or permission to commission a garage complex (after this date). 2 situations are common.

1. The act of entry (permission) is available. This means: the land plot has been registered with the cadastral register, an inventory has been carried out, and all technical documents are available. The first member of the GSK who applied provides:
   GSK Charter, state registration certificate, orders for the appointment of the chairman and chief accountant, lists of members of the cooperative.
2. land documents, technical documentation BTI.
3. certificate of membership in the GSK and full payment of the share (issued by the chairman).
4. passport, receipt of payment of duty.
5. cadastral passport - if there is an entry certificate, it is issued without complications.

All subsequent applicants for this GSK will only need to submit personal documents and a certificate from the cooperative. If the registration is inconsistent, each applicant carries a copy of the land documents and passport.

• There is no permission for commissioning. This is a typical problem for old cooperatives. If land plots were allocated to GSK members individually, you can act as an individual. Contact a cadastral engineer, draw up a technical plan, and receive a certificate. If the garage is separate (Fig. 2), there are no problems, but this rarely happens. Having received a certificate of title, the owner can privatize the land privately. Surveying is at your own expense.

Previously, cooperative garages were usually built in rows (Fig. 3). You can issue a passport for a separate box only as a room in a building for which the entire line is taken. In this case, the entire building must be registered. For buildings and structures, an act (permit) for commissioning is required. The way out of the vicious circle is through the courts. There are regions where such design is common practice. The basis for the claim is the refusal of registration.

When all the owners of garages in the GSK become owners, they can submit an application to the administration on behalf of the GSK (plus the decision of the meeting) for the privatization of the land plot and register it as shared ownership.

Registration of a garage in the ownership of a garage cooperative through the court

The work of a cadastral engineer is the most expensive. If you have old technical documents, you can save money. But if everything, starting with measurements on the ground, is carried out from scratch plus drawing up a plan, you need to prepare a decent amount. It is easy to submit documents to Rossreestr without overpaying for the services of intermediaries.

We are, of course, not talking about temporary structures like “shells” and the like. They are easy to drag when a “threat” arises. An immovable object is a permanent structure inextricably linked to the land. Registration of ownership of a garage and the procedure vary depending on where it is built and on what land. Let's look at three typical situations.

12 Jun 2021 uristlaw 171

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How much does it cost to register a garage as your property?

The total costs of decorating a garage consist of the following costs:

• drawing up a technical plan: calculated based on the volume of work, the price is different in all regions; in Moscow region for an object less than 50 sq.m. - from 6,000 rubles, in Moscow - from 25,000 rubles;
• obtaining a cadastral passport - 200 rubles; order through the Rossreestr website;
• payment of the state fee for registration of property rights - from 350 rubles (for a summer cottage, personal plot) to 2,000 rubles.

The work of a cadastral engineer is the most expensive. If you have old technical documents, you can save money. But if everything, starting with measurements on the ground, is carried out from scratch plus drawing up a plan, you need to prepare a decent amount. It is easy to submit documents to Rossreestr without overpaying for the services of intermediaries.

Addition: Still have questions? Ask them to a professional lawyer through the legal advice service Pravoved.

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Claim for recognition of ownership of a garage

Jurisdiction will be determined by the location of the garage. Filing a claim is accompanied by payment of a state fee. If the cost of the claim is less than 50 thousand rubles, the magistrate will consider the issue; if the garage costs more, the issue is under the jurisdiction of the district court. The price of the claim is determined in accordance with the inventory value calculated by the BTI.

To legalize a garage, you must provide the registration authority with an impressive list of documents. If it is not possible to provide it, ownership of the garage can be recognized through the court. As judicial practice shows, a court decision can replace missing documents.

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Registration of ownership of a garage through the court

In some cases, in order to complete the paperwork for a garage and secure the right to property, it happens that a lawsuit is filed. Recognition of ownership of a garage, judicial practice shows the majority of decisions in favor of the applicant.

• Such registration is quite expensive and difficult, since ordinary documents are supplemented with documents approved by the sanitary and epidemiological station, firefighters and other court certificates: about the assessment carried out and recorded rights.
• Registration of a garage by court decision is done only after all fees have been paid in full. You also need to accurately state the essence of the statement and take part in the meetings of the Themis.
• If you understand a little about papers, then it is better to do everything yourself. In this case, the cost of a positive decision will be significantly lower.

Attention: In order not to spend additional money, it is necessary to go to court in cases where all other ways to resolve the conflict have been exhausted.

In what inevitable cases will you have to resort to court to register ownership of real estate? Here are some of the most common circumstances.

Inheritance

So, your relative, who was allocated land for the construction of a garage (see Permission to build a garage and the necessary documentation), who was its owner, died without having time to draw up the necessary documents during his lifetime.

• In this case, the notary will not be able to issue a certificate of inheritance to the legal heir, because the box was not the property of the deceased, since it was not registered with him. In this case, it is necessary to inherit the property and dispute the right of ownership through the legal service.
• Despite the fact that the site for the construction of the garage was transferred in the order determined at that time - by decision of the executive committee, all approvals and certificates will have to be drawn up, the same as for arbitrary development.
• There are some cases when court proceedings can be avoided. A notary official sometimes formalizes an inheritance if the building has not been registered, but there is a document from the head of the cooperative about payment of the share contribution.
• A cooperative farm must meet many requirements: be operational at the time of contacting a lawyer, be registered with the tax office before the date of death of the owner, and the document itself must be accurately drawn up.
• Justice must be turned to if the heirs missed the six-month deadline specified by law for entering into rights, and the heirs at the time of the owner’s death were registered at the same address as him (it is considered that the heirs entered into inheritance regardless of the period of contact with the notary’s office). Moreover, in this episode you will have to go to court, even if the garage box was registered with the deceased in the Russian Register.
• In such an episode, it is necessary in court to recreate the deadline for accepting the inheritance, or to determine the fact of accepting the inheritance of the garage building.

Attention: If you have a garage registration, there is no need to update the documentation. But you will need to prove that you had a truly valid reason for not turning to a notary in a timely manner to enter into inheritance rights, and also that you turned to the court no later than six months from the moment the real reason was eliminated.

Purchase based on receipt

Some time ago you bought a box with an ID. You have in your hands the decision of the executive committee to allocate a plot of land for the construction of a garage, but the document was issued to the previous owner, that is, his data is entered.

Attention: Even if the garage was built without any violations, you do not have the right to register it in your name, since the decision indicates the first owner, and only he can currently register the garage.

• In this case, you need to contact the first owner and first register the garage in his name, and only then re-register it in your name.
• If you are unable to find the old owner, or he refuses to take part in the re-registration, you will have to resort to the services of a lawyer. Then the notary may refuse to recognize your right of ownership, because your predecessor was not the owner of the garage and could not sell it to you, and the agreement of sale and purchase is insignificant - it does not cause any legal consequences.
• Courts often accommodate applicants halfway and recognize the buyer’s right to a garage. There is no need to collect the necessary approvals and certificates in the same way as in the above-mentioned case.

Errors in personal data

You have an executive document from the city executive committee, a purchase agreement or some other document for the garage, but your personal data is entered incorrectly in it.

• In this case, you must first contact the organization that issued the document to correct the error.
• But it may happen that such an organization has been closed for a long time, or is categorically against corrections. For example: The district administration will refuse you, in their opinion, they do not have the right to be the legal successor of the district executive committee that made the decision, and cannot make any changes to the document. All that remains is to go to court.
• This episode is a little more trivial than the previous ones; it is necessary to determine the fact that you own the title document. There is no need to collect approvals and certificates for a garage box; the main thing is to prove the fact that the decision was issued to you, and not to someone with a similar last name, first name or patronymic. It simply made an oversight. Judicial practice on the design of garages in this case will be on your side.

Self-made construction

Legalize in court a garage built without permission before September 2006. It was possible without any initial documents.

Attention: After the expiration of the above date, amendments were made to paragraph 3 of Article 222 of the Civil Code of the Russian Federation, which gives recognition of the right to arbitrary development only to the owner of the land where the garage is built.

• It turns out that buildings for which there were no documents and no documents will not be able to be legitimized even through the courts. Then it is necessary to confirm that the land for development at this point was allocated, albeit not to you personally, but to the cooperative of which you are a member.
• There will be a need to draw up the necessary consent certificates to prove that the unauthorized structure meets the standards and does not affect the interests of third parties.

Attention: Ownership of a box without documents may not always be recognized, but there are positive solutions to this issue.

How to register ownership of a garage through court

1. So, your garage, or rather the land plot under it, should be classified as individual housing construction, private household plots, garage construction, and also intended for gardening. Unfortunately, other categories of land cannot participate in such construction, and therefore in privatization in principle.
2. Privatization can take place if you have papers and documents that indicate that the person who owns this plot by right of ownership or lifelong ownership has papers that prove this fact.

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The line below, in the middle of the sheet, indicates the name of the document, followed by the main text. This part first provides information about the essence of the dispute. If the claim is of a property nature, the value of the object is indicated. If the object has been in possession for more than 15 years, the fact of recognition of the acquisitive limitation period is indicated.

Other flaws in documents

The initial documents necessary for registration of the construction are there, but they contain some inaccuracies, incorrect expressions, the garage was built with gross violations (underground communications are located below).

• City authorities often do not register a garage in such situations, and they end up filing a lawsuit.
• It is impossible to say in advance what certificates will be required for the court, and how difficult the trial itself will be; everything entirely depends on the current situation.

Registration of ownership of a garage through the court is not such a simple matter, but it is completely solvable. You have instructions and they will help you do everything correctly.

Registration of garage ownership in a garage cooperative

Registration of rights to a garage has its own characteristics. This is due to the fact that it itself can be allocated to a person upon joining a garage cooperative, and the land plot belongs to the GSK on a leasehold basis. In such cases, you will need to obtain permission from the board, and only then register your right. The exception is situations where land was allocated directly to a person by the local administration. In this case, no one’s consent is required to register the garage as property. You will only need to contact the local government regarding issues related to the land plot.

How to register a garage as your property

Having collected the documents for registering the garage and received the certificate, all that remains is to resolve the land issue. After all, you are the owner only of the structure. The lands are municipal, and the tenant can easily be “asked” to vacate the territory after the end of the contract. So it's time to act.

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Surely everyone has heard about cases of garages being demolished, the owners of which at one time did not take care to protect the rights of the cooperative. The building itself is valuable due to the shortage of “car stables” and the constant increase in the number of cars. But the earth beneath it is an even more tasty “piece.” Therefore, registering ownership of a garage is the first step towards privatization of the land underneath it. Having completed these two procedures, the car owner will reliably protect his property and take care of his “peaceful” future.

Registration of ownership

The registration procedure concerns not only the garage, but also the area on which it is located. Each of these objects has its own procedure.

The procedure for registering ownership of a garage depends on a number of features. First of all, this is the status of the object itself. It must belong to a person. This is only possible if the latter fulfills all his duties as a member of the cooperative. The determining factor in this case is the full payment of share contributions. You will also need to obtain the consent of the cooperative board. The design of the garage itself is another determining factor. If the box is part of a common structure, that is, it has adjacent walls with other garages, then you will need to obtain the consent of other owners. In this case, there is no need to contact the local authority.

For a plot of land

Land plots are usually allocated by local authorities to legal entities or individuals on a lease or perpetual use basis. In such situations, it is necessary to proceed from who exactly the territory was provided to. If the user is a cooperative, then the person must first apply to the board for permission, and then to the local administration. If the plot has been allocated to a person, an application must be sent to the authorities. It should be noted that in both cases you will need to draw up a document containing data on the boundaries of the site.

Registration of garage ownership, necessary documents, garage ownership

First of all, it should be noted that owning a garage in the GSK has nothing to do with the right to own the garage as long as you are a member of the GSK, the garage is yours. In order to fully manage the garage and have ownership rights, it is necessary to at least register with the BTI and obtain a technical passport; in the future, if possible, it is necessary to privatize the land on which the garage is built.

Registration of ownership of a garage depends directly on where and how the garage is built. Registration of a garage is, first of all, obtaining a certificate of ownership, which allows the owner to legally dispose of his property. A fully decorated garage means having a certificate of ownership of the garage and land. You can register ownership of a garage only if you have documents for the land for the garage; it can be either owned or leased.

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Garage registration procedure

The procedure for registering a garage as a property consists of several stages that must be implemented sequentially. You need to start with a collection of documents that will confirm the validity of the initiator’s demands. After this, you need to fill out an application and pay the state fee for registering the right. Then the papers are transferred to the Rosreestr authorities. The final stage is the initiator receiving a response.

Collection of documents

This is the absolute responsibility of the initiator. To do this, he can personally visit certain authorities. When applying, you must have your passport with you. A person can also entrust the collection of data to his legal representative. In this case, the latter must have a power of attorney confirming his authority. Requests may be submitted online or via mail. But in this case, you will need to attach copies of documents to the application that will confirm the person’s right to receive information. This will incur additional costs.

All documents can be submitted in the form of originals or certified copies.

Registration in Rosreestr

After collecting all the data, it must be sent to the Rosreestr authorities. This responsibility rests with the initiator. There are several ways you can do this.

The most convenient and optimal way is to transfer documents through a multifunctional center. In this case, you just need to provide the data that the initiator himself has in his hands. In this case, you do not need to fill out an application yourself. The center’s specialists will provide a completed form and assist in filling it out. They will also explain what additional information needs to be provided. During the communication process, the initiator will have the opportunity to receive clarification on all issues of interest, as well as correct mistakes. The advantage of this method is that the service is free of charge. That is, the MFC does not require any payment from a person.

Quite often people contact Rosreestr on their own. In this case, you must bring all documents in person. As when contacting the MFC, you can fill out an application on the spot, get clarification on all questions of interest and correct mistakes. Similarly, documents are transmitted through a legal representative. The latter will have to have a power of attorney indicating the terms of reference.

Information can be sent by mail. In this case, it would be correct to use registered mail. The initiator will receive a notification that the request has been delivered to the addressee. This method has some disadvantages. First of all, a person needs to fill out an application on his own. It will also be impossible to immediately correct errors and get advice on issues of interest.

The option of sending via the Internet has a procedure similar to the one indicated. In this case, you will need to digitize all data and have email at your disposal. Upon completion of the operation, the initiator will receive a notification via the Internet.

A person chooses any of the options independently. Once the data is transferred, it will be subject to detailed analysis. At the end, the initiator receives a response. This can be either a certificate of ownership or a notice of refusal, with justification of the reasons.

The duration of the procedure depends on the methods of data transmission. For example, if the information was transmitted through the MFC, then registration will be carried out within nine working days. In case of self-transfer, the period will be seven working days.

Register a garage as your property through the court

Today, more and more often we have to face a banal situation where a person using the land has been wanting to privatize it for many years and has every right to do so, but the local administration authorities refuse him this, without giving reasonable arguments.

This situation arises for several reasons. Firstly, citizens cannot explain what their issue is and what they want. Secondly, citizens do not have the appropriate documents for the land or building on the land being registered. Thirdly, officials are not very willing to give state property into private hands. Fourthly, officials sometimes themselves do not understand the situation and the legislation on the land, but cannot say openly about it.

List of documents

The documents required to register ownership include:

1. Initiator's passport.
2. The decision of the GSK board to accept a person as a member of the cooperative.
3. Receipt for payment of state duty.
4. Consent of the board to register the garage as property. This also applies to the opinions of other participants if boxing is part of the overall structure.
5. Permission from the local government authority in relation to the land plot, if it is its property.
6. A cadastral plan of the territory that will belong to a person, indicating its boundaries.
7. Technical passport for the garage.
8. If real estate is received by a person as a result of a civil law transaction or inheritance, then a contract of sale, exchange, donation, or a certificate issued by a notary will be required.
9. Certificate of absence of debt on payment of the share.

A written application is also required. Its text should indicate the following:

1. Name and address of the Rosreestr authority.
2. Last name, first name, patronymic, contact phone number, and place of residence of the initiator.
3. Description of the garage - location address, total area.
4. Application for registration of rights.
5. List of attached documents.
6. Date of the application.

The application must be signed by the garage owner.

Registration of property rights is a paid service. In this case, we are talking about paying a fee, the amount of which is determined by the current law. The payment amount will be two thousand rubles for an individual and twenty-two for a legal entity. You can pay for the service at the post office, at a bank, via the Internet or directly at Rosreestr. In this case, it is possible to use both cash and a payment card. The main thing is that the person has in his hands a receipt for payment of the fee for the service provided.

Register a garage as your property through the court

• Statement;
• Document on the right of the cooperative to the land plot (purchase and sale agreement or lease agreement for a period of more than a year);
• Administration order to provide the cooperative with a plot of land;
• Charter, certificate of state registration of the cooperative and certificate of its registration with the tax inspectorate, extract from the Unified State Register of Legal Entities for the cooperative;
• Minutes of the general meeting on the appointment of the chairman;
• Receipt of payment of the state fee for registration of rights in the amount of 7,500 rubles.

• Minutes of the general meeting of GSK members on the decision to privatize a land plot for a cooperative;
• Minutes of the general meeting of shareholders on the appointment of the chairman of the State Joint Stock Company;
• Certificate of state registration, charter of the cooperative, certificate of tax registration, extract from the Unified State Register of Legal Entities;
• Technical documents for all garage boxes;
• Refusal of the justice institution to provide information about the land plot of the cooperative due to its absence in the Unified State Register;
• State act on the provision of a land plot to a cooperative;
• Cadastral passport for a land plot.

Judicial option

If for some reason a person was denied registration of rights to a garage, which, in his opinion, is illegal, he can appeal such a decision in court. This procedure consists of several stages. To begin with, the initiator must submit a written application, to which must be attached documentary evidence of his claim. Next, the material is sent to the court. After this, a meeting is scheduled, based on the results of which a decision is made.

Preparing a claim

To complete the application, you can use regular office paper. A person can file a claim on his own or by contacting the services of a qualified lawyer.

The text of the claim must indicate the following:

1. Name and address of the court to which the appeal is sent.
2. Information about the initiator - last name, first name, patronymic, place of residence, contact phone number.
3. Data about the garage - location address, area, grounds for receipt.
4. A detailed description of the dispute that has arisen. Here it is necessary to indicate when the initiator contacted the authorized authorities regarding his issue, as well as the reasons for the refusal received.
5. Measures that were taken to resolve the dispute out of court.
6. Claim. In this case, this will be recognition of ownership of the garage.
7. List of attached documentation.
8. Date of application and signature of the plaintiff.

The initiator must attach information to his application that confirms the validity of the requirements. These include: passport, receipt of payment of state duty, documents for a garage, refusal to register a right, applications sent to the authorized body and responses received.

The initiator is obliged to send the collected data to the court. To do this, you can use mail, the Internet or a legal representative. A person can also submit documents independently. The last option is the most convenient. It allows a person to verify personally that his request has been delivered as intended, eliminate possible inaccuracies on the spot, and also receive advice on issues of interest. In addition, forensic specialists can provide assistance in filing a claim.

Trial

After the claim material is received, it is subjected to detailed analysis. Then a court hearing is scheduled. The parties to the dispute and other participants must be duly informed about the time and place of the hearing. This can be done by issuing a summons or mobile notification.

On the appointed day, all summoned participants in the proceedings must appear in court or report the reasons for their absence. During the meeting, everyone who came was questioned and the submitted documents were studied again. The court may reschedule the hearing if additional information is required. The missing information is provided by the parties to the dispute or third parties, based on the request.

The court's decision

To do this, the judge retires to a separate room. The decision made is communicated to interested parties by reading it aloud. After it comes into force, it is sent to the plaintiff and defendant for information and execution. The decision is sent by mail or delivered against signature. Each party can receive the conclusion in hand on the day of its delivery. However, in this case there will be no mark on the document indicating that the decision has entered into legal force. If the claim is satisfied, the conclusion will be the basis for applying to the Rosreestr authorities to register property rights.

Garage certificate

• to confirm the existence of an accounting object;
• to enter into inheritance;
• to confirm or clarify the technical characteristics of the accounting object;
• to make a record of the new owner of the garage in the previously issued garage certificate;
• for paperwork when demolishing a garage;
• when completing purchase and sale transactions;
• to make changes to the technical characteristics of the garage and/or to accommodate the new owner of the garage;
• upon the emergence, change or termination of rights to the garage.

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Registration costs

Going to court will entail certain costs. They are associated, first of all, with the payment of state duties. Its size depends on the cost of the garage. This is described in more detail in paragraphs. 1 paragraph 1 article 333.19 of the Tax Code of the Russian Federation. Also, additional costs will arise in connection with payment for the services of a legal representative for filing a claim and subsequent representation of interests in court. In this case, the cost is determined based on the prices that are in effect at the time the service is provided.

Arbitrage practice

In one of the courts, a person's claim against a company for the construction and operation of garages for recognition of ownership was considered.

During the study of the content of the appeal, the following was established. The initiator is a member of the KSEG. In this regard, he built a garage on the territory of the cooperative using his own funds. The land plot on which the property is located is used by the company under the terms of a lease agreement concluded with the local administration. The garage itself is usable. The share payment was paid by the plaintiff in full. However, the Rosreestr authority gave an unfounded refusal to register property rights. Based on the above, the plaintiff asked that his demand be satisfied.

Representatives of the defendant and the administration did not appear at the meeting and did not send responses to the appeal, despite the fact that they were duly notified. For this reason, the proceedings took place without their participation.

In the process of studying the submitted documents, it was established that the plaintiff paid the shares in full and had no debt. The defendant, in turn, occupies a plot of land on the basis of a lease agreement concluded with the local administration in order to place garages on it. The plaintiff erected such a structure at his own expense. At the same time, a construction permit was not required, since the territory has a designated purpose, and all norms and rules have been complied with. That is, the object is not an unauthorized construction. According to the conclusion of the expert organization, the garage complies with fire safety requirements, sanitary standards and urban planning regulations, and is in satisfactory technical condition. And since the requirements of the current legislation were not violated during the construction of the object, in this case the Rosreestr authorities refused to register a person’s property rights without any grounds.

Based on the above, the court made a decision, and the plaintiff’s demands were satisfied in full.

How to prove ownership of a garage

There are situations when a garage was built back in Soviet times, but the deceased parents never registered it. Therefore, the heirs (heir) of the garage will have to prove their right to own this building themselves. In the current problem, you should carefully think through everything: how to correctly write an application to a higher authority; whether it is necessary to submit an application for recognition of ownership of the structure or is it better to draw the court’s attention to the right of inheritance. It is better to resolve such issues with the help of a lawyer.