How To Recognize Ownership

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How To Recognize Ownership
How To Recognize Ownership

Video: How To Recognize Ownership

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One of the most important civil rights is the right to property. There are situations when a person or organization has reason to be considered the owner of a thing, but there are no documents confirming his ownership. In such cases, this person needs an official statement of the fact of his ownership so that there is no doubt in relations with third parties who owns this thing. This is relevant, for example, in connection with the loss of title documents for a real estate object, in case of unauthorized construction (Article 222 of the Civil Code of the Russian Federation), due to acquisitive prescription (Article 234 of the Civil Code of the Russian Federation), in view of the actual acceptance of inheritance and in many other cases.

How to recognize ownership
How to recognize ownership


Step 1

To recognize the ownership, you need to go to court with a claim. An individual who is not an individual entrepreneur should file a claim with a magistrate if the value of the property does not exceed 50,000 rubles. If the value of the property exceeds the specified figure, then the case on recognition of ownership will be subject to the jurisdiction of the district court. The claims of individual entrepreneurs, if they are related to the implementation of entrepreneurial activities, and organizations are considered by the arbitration court.

It is also worth noting that if a claim is filed for the recognition of ownership of real estate, then such a claim should be filed at the location of the real estate object; in other cases, the statement of claim is filed at the location of the defendant.

Step 2

A person is involved as a defendant in a claim, both declaring his rights to the thing and not presenting such rights, but not recognizing the plaintiff's ownership rights to the property. Local governments are often the defendants. In some cases, the respondent may be, for example, a regional property management body, developers, and other individuals.

Step 3

Since the statement of claim is not drawn up in an arbitrary form, but must meet the strict requirements established by procedural legislation, it is difficult for a person who does not have sufficient legal knowledge to competently draw up a claim himself. It is recommended to enlist the help of a qualified lawyer, especially if the matter concerns real estate or other valuable property.

Step 4

A necessary condition for the protection of property rights through its recognition is the confirmation by the plaintiff of his rights to property. This may follow from the documents of title presented by him, testimony, as well as any other evidence confirming the ownership of the disputed property by the plaintiff.

As a result of the successful consideration of the case for the plaintiff, the court makes a decision recognizing his ownership of the disputed property. After entering into legal force, the court decision becomes binding on the plaintiff, the defendant, as well as for other third parties.

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