Recognition of Ownership of Real Estate
Legal services (legal assistance) in disputes on the recognition of ownership of real estate
According to Art. 12 of the Civil Code of the Russian Federation, one of the ways to protect civil rights is the recognition of property rights.
The emergence of such disputes is due to situations in which it is not possible to carry out state registration of property rights in an administrative manner.
The main evidence that can serve as a basis for recognition of ownership can be:
- documents confirming the conclusion of an agreement on participation in shared construction and the commissioning of this residential building with the signing by the parties of the act of acceptance and transfer of the object, if there is a refusal of the registration authorities to register ownership of the shared construction object;
- title documents for property and other documents confirming ownership of property;
- documents confirming the prescription of possession of property;
- archival data;
- witness's testimonies;
- documents confirming the impossibility to register the right of ownership out of court;
- other documents confirming the plaintiff's rights to property, for which the right of ownership is recognized.
The applicant does not always have a set of documents necessary for the complete collection of evidence. In these cases, the court makes appropriate requests to the authorized bodies, as well as accepts testimonies. At the stage of pre-trial preparation, the maximum possible formation of the evidence base is carried out.
The procedure for considering disputes on the recognition of ownership of real estate
Within this category of disputes, the pre-trial / pre-trial dispute settlement procedure is not mandatory. At the same time, documents must be submitted to the court confirming the fact that the plaintiff used all methods to register ownership of real estate out of court.
The jurisdiction of disputes on the recognition of ownership of real estate is determined depending on whether the plaintiff is a legal entity or an individual entrepreneur (such cases are considered by arbitration courts), or an individual acts as a plaintiff (these cases are within the jurisdiction of courts of general jurisdiction).
Before choosing the means and method of legal protection, we conduct an in-depth analysis of the case materials and form an action plan, since from the very beginning there must be a plan and strategy for a legal position in a court case. After choosing the means and method of legal protection, it is necessary to act, making every effort, to achieve the intended result in court.