Application of acquisitive prescription to land plots (practice)

Despite significant achievements in the field of modern domestic legislation, today there are quite serious shortcomings regarding the sphere of land legal relations. This situation made it possible for citizens to own plots of land without being their owners.

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It's fast and free! A similar situation is quite common in Russia, where at the end of the last century the situation with respect to plots of land - the right to land for a long time remained unclear and not approved in the legal field.

Today, the solution to the problem is the legislation regarding acquisitive prescription. Some cases of completely legally stipulated entry into the rights to own property are considered.

The principle of acquisitive prescription

When using certain options for taking possession of a land plot, you must remember that a whole list of subtleties and legal features must be observed.

Usually a decision regarding land ownership is made by the court, but for this it is extremely important to comply with all legal subtleties without exception, neglect of which entails a number of significant financial and time costs, and subsequently a very likely negative decision of the court.

What, in essence, is the issue of acquisitive prescription and how to use it

In order to resolve the problem in the legislative field, you should know exactly all the legal nuances of land ownership.

On what grounds does the right of ownership arise under the law? See here.

More than a dozen years ago, Russian legal entities and individuals received the right to court recognition of rights to plots of land by reference to the institution of acquisitive prescription.

What is the right of acquisitive prescription under the law? Watch in this video:

The legislative framework for this proceeding is based on the articles of the current domestic Civil Code and Land Code, namely:

Art. 234 Civil Code of the Russian Federation, parts 1 and 2;

Article 234. Acquisitive prescription
1. A person - a citizen or a legal entity - who is not the owner of property, but who in good faith, openly and continuously owns either his own real estate for fifteen years or other property for five years, acquires the right of ownership of this property (acquisitive prescription).
The right of ownership to real estate and other property subject to state registration arises in the person who acquired this property by virtue of acquisitive prescription from the moment of such registration.
2. Before the acquisition of ownership rights to property by virtue of acquisitive prescription, a person who owns the property as his own has the right to protect his possession against third parties who are not the owners of the property, as well as those who do not have the right to own it by virtue of anything else provided by law or contract grounds.

Art. 214 Civil Code of the Russian Federation, clause 2;

Article 214. Right of state property
1. State property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of the subject Russian Federation).
2. Land and other natural resources that are not owned by citizens, legal entities or municipalities are state property.

Land Code of Russia;

Special conditions are the conditions of continuity, good faith, openness of the fact of ownership of a certain land plot. The absence of legal rights to the allotment for 15 years or longer is recorded.

In accordance with modern legislation, owners of plots can be citizens - individuals and firms, organizations, companies.

However, federal, regional, and municipal entities cannot become owners of plots of land on the basis of acquisitive prescription.

About the conditions for the onset of PPD

To begin registration, the following conditions must be met:

The statute of limitations for determining land ownership is at least fifteen years. Calculation of the period from the date of application rights;
Continuous process of possession for a certain period of time, the expiration of the limitation period for possession;
The site must be used, fertilized, improved and cultivated for at least fifteen years from the beginning of use, confirmation of the continuity of operation of the plot is necessary;
Confirmation of the use of the land for its intended purpose. But the tenant of the plot may not have a legal relationship with the owner, but there is a need for the potential opportunity for others to observe the use of a particular plot;
Conscientious use and confirmation of the absence of intent to occupy someone else's land useful for cultivation.

Conditions for the exercise of personal data rights.

The land issue has been and remains one of the most important and significant in the field of state law.

Acquisition right to real estate

It is known that someone else’s real estate can come to a person for long-term use, and this is quite possible.

Example : Let's say a person was caring for a sick pensioner, and they lived in the same house. After some years, the owner of the apartment died. The tenant, having no other property where he can live, remains to live in the same apartment. No one claimed their rights to the living space and the person continued to live there, using the property as his own.

In court, it is necessary to prove that someone actually owns the property. Evidence may include:

neighbors who directly see the tenant and can testify in court;
receipt of utility payments for square meters of real estate. Only this must be confirmed with certificates and payment receipts.

But it also happens that third parties learn about the concept of “acquisitive prescription” and try in every possible way to prevent someone who is still living in someone else’s territory from obtaining ownership rights. Or they can claim the property. Here the citizen who owns the housing has every right to refuse them this. This is explained in Article 234 of the Civil Code of the Russian Federation. A person who owns real estate as his own property can fully protect it from other persons who do not own this property and do not have rights to it. An exception may be that the third party had an agreement with the owner.

We file a claim, the scope of the package of documents for the court

How does the judicial procedure take place?

Such issues are regulated by domestic legislation. A sample statement of claim for recognition of property rights by acquisitive prescription can be downloaded below for free.

Sample statement of claim for recognition of ownership rights by acquisitive prescription.

First of all, you need to complete the following tasks:

The statute of limitations for land ownership must exceed 15 years. The calculation is carried out from the beginning of the rights of ownership of this plot;
Continuous process for at least fifteen years. A person applying for a plot of land must confirm that ownership of the plot was legal. An exception may be situations where the principle of use could be terminated and resumed according to norms determined by law (clause 3 of Article 234 of the Civil Code of the Russian Federation).

Article 234. Acquisitive prescription
3. A person referring to the prescription of possession may add to the time of his possession the entire time during which this property was owned by the one whose legal successor this person is.

To obtain a positive court decision, the evidence base and its quality preparation are extremely important.

The court makes a decision based on the evidence presented, which irrefutably confirms the openness, continuity, and good faith of ownership of the plot.

Required documents

The package of documents may be different, which in turn depends on the individual conditions of the applicant and the objective reasons for the problem.

Basic package:

Technical plan, passport and other documents for this site, from the BTI in copies;
Applicant’s passport, certificate of TIN assignment, copies;
Documented evidence of continuous ownership of the site for at least 15 years. Evidence may include statements of witnesses or neighbors recorded by officials, receipts for payment of land fees and remuneration for work carried out on the site.

The court's decision cannot be considered completely unambiguous and final; it is possible for third parties who may have claims to the land to go to court.

Further actions after the court decision

So, a decision regarding ownership has been received.

But this is far from the last stage in order for the procedure to be completed in the legal field before the moment determined by law.

Having a positive court verdict in hand, you should begin the procedure for registering an allotment of property.

What is land encumbrance? What kind of encumbrances are there? Answers at the link.

The Court Order contains precise information and identification of the site. The location, link to the legal address, and Cadastre number are indicated.

The absence of a number does not allow the property to be registered even if there is a positive verdict.

How to register an acquisitive prescription for a land plot

seized or restricted land cannot be registered as private property;
the period of use of the land, which must be proven, is at least 15 years;
use of the site without interruptions in time, taking into account the transfer of land to inheritance or to a third party;
the owner extracts the beneficial properties of the site for its intended purpose (for example, growing vegetables for the needs of the family);
the fact of conscientious use of the site can be confirmed by uninterested persons and payment documents confirming payment of land tax for the period of use of the site;
the owner’s sincere belief that he is using the site legally, due to the absence of claims to the land from outsiders.

an application to the Unified State Register of Property Rights to secure property rights by court order;
title document for the site - court decision;
the original document that identifies the applicant;
information from the cadastral passport and a copy of the cadastral plan;
receipt of payment of the duty.

Registration procedure in the register

When all positions have been thoroughly double-checked, you should contact Rosreestr within the period stipulated by modern domestic legislation - no more than thirty days - to register the acquired right of ownership.

How can you prove your PPD? Answers in this video:

The following should be submitted:

Standard application for entering data into the Unified State Register of the Russian Federation regarding the consolidation of a decision made in court;

How to properly register land ownership? Details here.

The decision as the main legal document for land;
Passport and TIN code of the applicant;
Cadastral passport and plan in copy;
Original receipt for payment of state duty.

No more than a month from the date of submission of the package of documents, an employee of Rosreestr makes a corresponding entry. The owner takes legal ownership. If necessary, the owner can obtain an extract from the Register by submitting the appropriate application.

Package of documents for registration of land ownership

Russian lands are the subject of special legal regulation, the norms of which are contained in specially developed acts, including the Land Code (LC).
Additional evidence of the need for special regulation was the emergence of a separate legal branch after 1991. However, this specificity does not prohibit the free circulation of land in the Russian Federation. According to Art. 15 of the Land Code, lands can become the property of citizens, and the latter have free access to the acquisition of plots.

Despite the special regulation and the existence of an entire legal branch, as stated in Art. 25 of the Land Code, ownership of plots of land arises precisely on civil law grounds, primarily on those specified in the Civil Code (C Code).

One of them is acquisitive prescription. What is it, who can use it and does it affect lands{q}

If a positive decision is made and land ownership is recognized, the next step for the new owner is state registration of the acquired rights. To do this, he needs to contact the territorial division of Rosreestr and provide:

application for registration of property rights;
a court decision recognizing ownership rights that has entered into force;
receipt of payment of the state duty for state registration: 2 thousand rubles for individuals. individuals, 22 thousand rubles for organizations;
passport or other identity document;
cadastral passport and other documents for the land plot: boundary survey, technical plan, and so on.

The application and package of documents can be submitted in person to the territorial offices of Rosreestr or the MFC, sent by mail, or filled out an electronic form on the State Services website.

Nuances of judicial practice

One of the most common methods of obtaining land legally confirmed is the judicial procedure.

In practice, there are quite ambiguous situations. Quite often, different courts make decisions that are diametrically opposed in content.

Examples

A court in one city recognized the ownership of half a plot of land divided during a divorce between a husband and wife. More than two decades passed, I cultivated the entire plot when my ex-wife was not involved in cultivation. The court of this city recognized the claim as legitimate and transferred part of the wife to her ex-husband.

In a similar situation, the district court of another locality rejected the claim, based on the fact that the wife’s share was processed by the husband, despite the fact that he knew that it was her material value. The principle of good faith was violated.

The practice of such decisions became common a few years ago due to the previous weak legislative framework and the potential for ambiguous verdicts in similar situations.

Advice

Citizens of Russia, seeking to secure their land allotment, currently have insufficient information about the legislative nuances of using the country’s main wealth.

Acquisitive prescription, its terms and possibilities of exploitation in no way act as a basis for ownership of land.

But such a situation creates all the conditions for establishing the legal right to acquire property.

The court today considers only conflict situations of this nature only in relation to private landholdings.

In other situations, you should resort to legal assistance.