Decision of the Leninsky District Court of Kursk on recognition of ownership of a garage box

Grounds for filing a claim

Cases when it is necessary to register ownership of a garage:

1. Divorce. Property is divided between spouses.
2. Transfer of ownership by deed of gift. The donor will first need to register the garage in his name.
3. Ownership of the building for more than 15 years. This is true if the garage was built without permission without documentation.
4. Inheritance. It is necessary to register the right to property for a certain person if the testator failed to do this.
5. Garage demolition.
6. Loss of building documents.
7. The property is not listed in the cadastral register.
8. Loss of documents permitting the construction of a garage. This is only possible if the authority that issued the papers no longer exists. In such a situation, the citizen will not be able to obtain duplicate documents.
9. Getting a garage along with an apartment in a new building. Filing a claim is possible if the developer refuses to process documents for the property.
10. Prohibition of the administration of the Garage-Construction Cooperative on registration of rights of ownership of shares.
11. Other cases.

For illegal construction, the property owner may incur administrative liability.

Registration of garage ownership in a garage cooperative

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.

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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.

What could be the consequences?

If you do not register the right to own a garage in a timely manner, the construction will not be recorded in official documents. This may lead to the following consequences:

1. Garage liquidation.
2. Purchase of territory by another person who managed to complete all documents on time.
3. Non-recognition of a garage as a real estate object;
4. Delay in some completed documents.
5. It is not possible to draw up a gift deed.
6. Changing the procedure for recognizing property.
7. A garage cannot be inherited after the owner's death.

These are not all the consequences that a citizen may face. For example, if material assets disappear from the garage, he will not be able to prove his involvement in this property. That is why you should never delay the preparation of documents.

How to file a claim

The application is drawn up in the form approved by the Code of Civil Procedure of the Russian Federation. The header of the document indicates the name of the court, full name. judge and plaintiff, as well as residential and registered addresses of the parties. In the middle is the name of the application.

Next comes the main text. Everything here is individual. For example, if the garage has been owned for more than 10 years, the statute of limitations for the purchase is indicated.

The following provisions are formulated below:

1. On what basis and when did the owner acquire the garage.
2. Defendant's culpable actions.
3. The reason why there was a need to prove ownership of the object.
4. The plaintiff's opinion on why the defendant violated his property rights.

On the ground under the garage

Land plots intended for the construction of garages are allocated by the municipality for perpetual use. As a rule, this territory is not the property of citizens and the cooperatives themselves.

Therefore, the privatization procedure is used to determine the owner. Legal practice has shown that when registering a land plot, citizens are refused.

In this case, the issue is resolved through the court. The main condition for filing a claim is receiving an official written refusal from the competent authority. This document will become the basis for sending the case to court.

A claim is being drawn up for the land under the garage. You will need to collect a wide range of documents that can prove the possibility of privatization. Finally, a request is submitted for recognition of ownership of the land plot under the garage.

To avoid being rejected, file your claim correctly. Below are sample statements that are recommended to be relied upon when drawing up an application.

When inheriting

Heirs often face problems regarding the transfer of property for personal use. Such situations arise if the testator did not have time to formalize ownership rights during his lifetime.

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A statement of claim is drawn up to recognize the ownership of the garage as the deceased. This document speeds up the inheritance process and protects the property interests of citizens.

The claim must state the problem in detail and present available evidence of ownership of the inherited property. After this, you can go to court to make a decision.

A claim for recognition of ownership of a garage by inheritance must be filed in court for the heir to participate in the right to privatize the garage. This is relevant for those who have incorrectly completed documents for real estate or have no documents at all.

Along with the application, documents confirming the relationship of the citizen with the deceased are submitted. Also included:

• certificate from the Garage Construction Cooperative;
• a copy of the statement of claim (the number depends on the number of defendants and interested parties); a receipt confirming payment of the state duty;
• MBRTI certificate.

In some cases, plaintiffs wish to reflect a difficult financial situation. A copy of a pension certificate, a certificate of health and income is submitted with a basic list of documents.

Built without permission

After unauthorized construction of a garage, they contact the administration commission on construction issues. The commission must make a decision within 14 days and provide the opportunity to register the property.

If the issue cannot be resolved, the case is sent to court. A statement of claim is drawn up and a minimum set of documents is collected:

• a certificate from the register confirming that the object does not belong to other persons;
• certificate from the sanitary inspection;
• receipts confirming expenses for real estate construction;
• technical project;
• photocopy of passport;
• paper confirming the lease of the land plot, as well as ownership of the plot.

The package of documents may vary depending on the circumstances of the case. For example, if the garage is part of a cooperative, the citizen is required to provide a certificate confirming this fact. And also attach technical documents and a receipt for payment of the share in full.

The decision on an unauthorized garage will be reflected in the court extract. The document is issued at the court office at the appointed time. To receive it, you must show your passport.

If a refusal is received, the court decision can be appealed within 10 days. The appeal is filed with the arbitration court.

GSK

Often citizens are faced with a situation where the garage is not listed in the real estate cadastre. A certificate is obtained from the chairman of the GSK, which confirms that the person belongs to the Garage and Construction Cooperative.

Lawyers recommend preparing a technical plan for real estate in the BTI and registering the building with the cadastral register.

Contact the Rosreestr with a certificate from the chairman with a statement from the GSK. This can only be done after cadastral registration. The procedure is free of charge.

In the application, indicate personal information and reflect the current situation. The following documents are attached along with the claim:

1. Help from GSK.
2. A copy of the cadastral passport for the garage and land.
3. A receipt confirming payment of the state duty.
4. Construction plan on the land plot.
5. A copy of Form 1 certificate for the garage complex.
6. A copy of the extract from the register;
7. GSK Charter.
8. A copy of the certificate of entry into the Unified State Register of Legal Entities.
9. A copy of the land lease agreement.

The list of documents may change.

Step-by-step instruction

If the owner of the garage is not a member of the GSK or owns it unofficially, he must:

1. Contact the design organization. Conclude an agreement and receive a deed. Documents must be valid for a year.
2. Make a document confirming the legal ownership of real estate. This is relevant for citizens who rent an object. A lease agreement is drawn up with the owner of the garage, and a certificate of the completed transaction is obtained from him. Make a copy of the agreement.
3. Register the object with the BTI if it is capital (built from blocks or bricks, has a basement or foundation). Take an extract from the Unified State Register.
4. Apply for a certificate confirming the facility’s compliance with fire and environmental safety.

Documents will be attached to the claim. If at the time of filing the application at least one document is missing, the court may refuse to consider the case.

Claim for recognition of ownership of a garage

• it is necessary to carry out technical inspection of the building by contacting the design organization, for which an appropriate conclusion will be issued;
• if there are documents for the land, you must attach them;
• if land relations are not regulated, you will have to find out who is the owner of the plot and draw up a lease agreement;
• if it turns out that the site is ownerless, you should contact local authorities with an application to allocate it for a garage;
• capital construction must first be registered with the BTI. For a metal garage, this procedure can be omitted.

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.

Where to contact

A claim for recognition of ownership of land or a garage is sent to a district or magistrate court. A citizen can submit an application himself or through a representative. In the latter case, the power of attorney must be notarized.

1. If the amount of the claim is less than 50,000 rubles - to the magistrate's court.
2. More than 50,000 rub. – district.

If the case is heard in a magistrate's court, 1 month is given for the time the verdict is rendered. During the hearing, the parties to the proceeding have the right to terminate the proceedings by signing a peace agreement.

Preparing a claim for recognition of ownership of a garage

• obtain a technical report for construction from the BTI or design organization stating that the construction work meets all requirements;
• register a capital building with the BTI, if the garage is iron, then this is not necessary;
• prepare papers for the land plot; if ownership rights cannot be obtained, then a long-term lease will be required;
• in the case where the land is ownerless, you will need to contact the municipality and ask to allocate it for a garage.

An application is submitted in accordance with the provisions of the Code of Civil Procedure, Art. 28. It says that if the defendant is an individual, then it is necessary to apply to the court at the latter’s place of residence. When the defendant is an organization, then at its location, i.e. the location of the GSK. For the defendant, the state, the court address will be the location of the garage.

Required documents

Registration of ownership of a garage is possible only after preparing the necessary documents. The list of papers may vary depending on the details of the case. But there is a basic list that is required for everyone:

• copy of the passport;
• extract from the cadastre;
• documents confirming ownership of property;
• technical project;
• certificates from sanitary services on compliance with fire and environmental standards;
• passport for the object;
• USR extract;
• documents reflecting the current location of the garage;
• information about the plaintiff’s monetary expenses that were spent on the construction or reconstruction of real estate.