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How to recognize the right of ownership

How to recognize the right of ownership

One of the most important civil rights is the right to property.

There are situations where a person or organizationthere is reason to be considered owner of the thing, but the documents confirming its right to property, no. In such cases, the person needs to be an official statement of the fact of his ownership rights to relations with third parties did not have doubts, who owns this thing is.

This is true, for example, due to lossdocuments of title to the property, if the unauthorized construction (Article 222 of the Civil Code), by virtue of acquisitive prescription (article 234 of the Civil Code), in view of the actual acceptance of the inheritance, and in many other cases.



To recognize right property, you must apply to the courtlawsuit. A natural person is not an individual entrepreneur, you should file a lawsuit magistrate if the property value does not exceed 50000 p. If the value of the property exceeds the specified figure, the case of the recognition of property rights will be under the jurisdiction of the District Court. Claims of individual entrepreneurs, if they are related to business activities, and organizations are considered by the arbitral tribunal.
Also worth noting is that if you make a claim forrecognition of property rights to immovable property, the claim should be offered a place at other times of the object nedvizhimosti- writ is served on the defendant's location.


As the defendant in the lawsuit involved personhow to claim their rights to the thing, and do not impose such rights, but does not recognize the plaintiff the ownership of the property. Most defendants are the local authorities. In some cases, the defendant may be, for example, the authority for regional property management, real estate developers and other private individuals.


Since the claim is made is notarbitrary manner, but must meet the strict requirements set by the procedural law, a person who does not have sufficient legal knowledge, it is difficult to correctly make a claim. It is recommended to enlist the help of a qualified lawyer, especially if the issue is real estate or any other valuable property.


A necessary condition for the protection of property rights through its recognition serves as a confirmation of the plaintiff his rights to the property. This may follow from the presented to them rightestablishing documents, testimony and any other evidence to support the affiliation of the disputed property to the plaintiff.
As a result of the successful plaintiff of the casethe court shall issue a decision for recognition of ownership of the disputed property. After the entry into force of the court decision becomes binding on the plaintiff, the defendant, as well as to other third parties.

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