Statement of claim for ownership by acquisitive prescription sample, drafting example, download the form for free

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Required Applications

To file a claim in court, you need to collect all the necessary documents.

Important! This list includes:

Real estate documents. Any that are available to the actual owner and have appeared during the entire period of use of the object. However, the list of documents will depend on the type of object: house, apartment, land or car. The list of documents to be provided should be included in the application;
Documents evidencing the citizen’s compliance with the conditions for the emergence of ownership rights on the basis of acquisitive prescription. Namely, that the object was in the actual possession of the citizen for at least 15 years, was obtained legally and was openly used;
The applicant, who is subsequently recognized as the owner, prepares documents for the value of the claim. It's about calculations. A certificate of cadastral price is also required. If necessary, contact appraisers to determine the market price of the property. This option will provide more accurate data on the property if in the future the owner wants to sell it (if the property is ownerless, the procedure should also be followed);
Receipt. It is necessary to confirm that the state duty has been paid. If you do not provide a receipt, the court will not consider the claim;
Information about claims (the list of documents in this case is selected individually, taking into account the nature of the case);
Identification document of the applicant (passport).

Of course, you can prove your identity with other documents, but a passport in this case will not raise unnecessary questions.

Despite the rather insignificant list of documents, each of them is important - the absence of at least one of them will lead to refusal to consider the case. The stated requirements may not be met.

How to protect yourself from scammers and lawsuits?

Registration of any real estate transaction requires extremely careful attention to documents. Mistakes in them can ultimately lead to the transaction being declared illegal, and you will have to leave the apartment or house you have already lived in. It is more profitable to immediately contact a reliable real estate agency that can boast of a reliable reputation.

There is a method that allows you to obtain information about who was registered in a given living space and when, and where they were then discharged. This information is contained in the house register, from which an extract must be made. You need to pay attention to several important points: If there are vague wording, for example: “Discharged in Chelyabinsk” - without indicating a specific address, this should alert the buyer. This means that the person was discharged from the apartment “to nowhere”, and in the future he can return and claim his rights to a share of housing or an entire apartment.

It is important to pay attention to whether minors were registered in the apartment, when and where they were discharged.

Time is not always on your side...

Previously, such operations were carried out only with the permission of the guardianship authorities, but now it has ceased to be mandatory. However, if the rights of minors were violated during the transaction, it may be declared invalid. Transactions concluded by minors under 14 years of age and incapacitated persons are also recognized as invalid; in addition, the law excludes sham transactions that are executed only for show. For example, a husband cannot buy a home from his wife if he is not the owner.

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If circumstances are revealed under which the transaction may be considered illegal, the court will oblige the buyer to vacate the living space and the seller to return the money. However, if at least several years have passed since the transaction, it is usually not possible to find a seller, and in the end the buyer will have to resolve the issue of both finding a new home and returning the money on his own.

To avoid unpleasant situations and litigation, you need to be careful when drawing up a contract and when searching for a seller. There is no need to rush, you need to talk to the person. It is important to find out why someone who lived here before is selling their home. The first basic safety rule is to make sure that the seller has registration documents for the property. Transactions must be made only with the owner; in the world of real estate, you cannot agree to any agreements drawn up by power of attorney.

This is a tool for both a bona fide buyer and a bona fide defendant. Its 10-year expiration date guarantees the rights of both. In general, you need to know how to use this tool. Because The period begins to run not from the moment of the event, but from the moment when the violation became known, the most unexpected situations may arise. Some people deliberately simulate situations to distort reality. There is another legal situation. Unilateral actions carried out to exercise a right, the statute of limitations for the protection of which has expired, are not allowed. We are talking about the sale of seized or pledged property, writing off money from accounts, etc. Therefore, it is important to be aware of such situations.

Another useful recommendation for our readers. Don't do real estate transactions yourself. Contact specialists who, in the contract for their services, will give you guarantees of the purity of the transaction and responsibility in case you have problems in the future.

Justification: Art. 199 of the Civil Code of the Russian Federation.

What to do if the statute of limitations has expired, a lawyer will explain in the video:

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Grounds for going to court

If you receive a refusal from Rosreestr to register property rights due to acquisitive prescription, you should file a claim in court. It is necessary to obtain written confirmation of such refusal from the specified authority, indicating the reasons.

Only this document can be regarded as the main basis for applying to the judicial authorities.

The same documents recognizing ownership rights on the basis of acquisitive prescription that were sent to Rosreestr should be attached to the claim.

Note! In order for the conditions defined by Article 234 of the Civil Code to be met, the following mandatory factors must be taken into account:

Ownership of an object must be open. Witness testimony, payment documents (on repairs, services, maintenance) are required;
Another mandatory feature is conscientiousness. Possession must be in good faith, therefore, evidence is required indicating that the applicant has performed actions indicating that he took care of the property being used, carried out landscaping, and made improvements.
It is imperative that you own the object continuously. Documents confirming this fact are provided throughout the entire period of ownership. The fact that the property is rented out does not affect continuity.

Openness of ownership

To prove the openness of ownership, a person must confirm that he is not hiding the fact that the property is in his possession. An analysis of judicial practice allows us to identify those circumstances that make it possible to recognize possession by prescription as open. These may include: – lease of the land plot on which the disputed object is located. In this case, a lease agreement for the area under the object will help prove the openness of ownership; – transfer of the disputed property for rent. In this case, the evidence may be acts of authorized bodies regarding the property. For example, the openness of ownership can be confirmed by resolutions and orders of local governments in relation to the disputed property; – maintenance of premises in the building. Evidence may include contracts for electricity supply, security, removal of solid waste, payment of bills for services thereon, gas supply and maintenance of gas equipment and other evidence of the owner’s activities in maintaining the building; – registration of the non-owner at the location of the disputed property, repair and reconstruction of the object; – placing ownerless property on the balance sheet. This circumstance will be confirmed by acts and notifications of the transfer of ownerless property and its placement on the balance sheet of a bona fide purchaser; – correspondence on issues of ownership of objects with authorities; - witness's testimonies ; - other documents.

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The owner is recognized in good faith only on the condition that he did not know and should not have known about his lack of rights to the object. The period of bona fide ownership must be 15 years.

Good faith is subject to examination at the time of taking possession of property. The owner is considered to be in good faith, even if he subsequently learned about the rights of the real owner. On the contrary, if at the time of taking possession he knew that he had no rights to the property, the court will not recognize his rights, despite the long period of possession.

Thus, in order for the court to recognize ownership, it is necessary to prove bona fide open and continuous possession of the property as one’s own for 15 years.

Subjects of ownership

The subjects can be different, since both legal entities and individuals can own property.

Certain requirements are imposed on such entities. Thus, the owner declaring his right to property must be untitled (in fact, “illegal”).

But in practice, such a basis cannot be freely used to deliberately circumvent special rules relating to the acquisition of ownership of property.

Please note! The following categories of entities are not recognized as historical owners:

who created a building on an illegally occupied site without any permits (review of court practice in cases related to unauthorized construction, approved by the Presidium of the RF Armed Forces on March 19, 2014);
those who own property in respect of which the privatization procedure is provided (Resolution of the Presidium of the Supreme Arbitration Court of February 28, 2012 No. 13464/11).

Statement of claim for ownership by acquisitive prescription

Sample statement of claim for ownership rights by acquisitive prescription, taking into account the latest changes in the legislation of the Russian Federation.

One of the grounds for acquiring ownership of movable and immovable things is acquisitive prescription. In order to qualify for the acquisition of property by virtue of this rule, it is necessary to openly and in good faith own a movable thing for 5 years, and an immovable thing for 15 years. In addition, 3 years should be added to these periods, that is, the limitation period during which the owner could bring claims in court regarding the possession of the property by the plaintiff.

What objects are being considered?

The concept of acquisitive prescription and the peculiarities of its use in relation to property is specified in Article 234 of the Civil Code.

Such a rule provides the opportunity to register ownership of property that the subject does not actually own, but which he has used for many years. At the same time, the main condition for acquiring the right to property is the statute of limitations, openness and good faith of ownership.

Ownership becomes full only from the moment all documents are completed. As soon as the case to confirm acquisitive prescription is won in court, the interested person needs to submit an application to the authorized authority.

The law allows you to establish ownership based on the prescription of possession only if the following factors are present:

the property has no owner and cannot be identified;
the property has not been used by its owner for a long time.

Usually, on the basis of acquisitive prescription, objects passed by inheritance are registered, but without the execution of any wills or other documentation.

Another option is previously executed contracts that do not have written confirmation.

Despite the fact that the future owner of the property is legally protected even until the documents for the property are drawn up, the emerging legal owner has the right to file a vindication claim in order to recover property from someone else’s illegal possession.

What to do if you have lost your passport?

The limitation period is the period within which a person can go to court to claim protection of his civil right or interest. Article General limitation period 1. The general limitation period is set at three years. Special limitation period 1.

Transactions to purchase a home in a building under construction are the riskiest. It is necessary to carefully understand the terms of the contract with the developer and determine whether you should trust him.

Perhaps, for each of us the housing issue is the most pressing. When conducting real estate transactions, bona fide buyers may fall for the tricks of scammers, and their property may be appropriated by other people. The law has the concept of “limitation period for real estate transactions.” What is it and how can it be used to challenge transactions?

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Let's turn to Art. 196 Civil Code of the Russian Federation:

In cases of disputes concerning family relationships (for example, division of property or challenging a will) - by the norms of the Family and Housing Code of the Russian Federation (LC RF).
In matters relating to the legality and procedure for the exercise of property rights - the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
In cases of fraud caused with the intent of significant damage to the victims - using the norms of the Criminal Code of the Russian Federation (CC RF).

Sham transactions are actions taken to cover up one of the parties. Such actions are considered invalid under any circumstances. For example, when an individual enters into a contract for the purchase and sale of real estate with a company or enterprise, but which is formalized as an exchange transaction.

Legally significant actions with real estate affect the interests of a wide range of people. The cost of the issue cannot be discounted. Even in remote areas, housing costs a lot of money for local residents.

From 2020, personal property tax for apartment owners is calculated according to new rules. In case of illegal use of illegally obtained budget funds, it makes sense to contact the authorized government bodies to verify the existing right to dispose of maternity capital funds or housing subsidies. As a rule, with the participation of a lawyer, such requests are answered fairly quickly.

In the event that the reasons why you were unable to file a claim in a timely manner are truly valid and you can prove them (preferably with documents, but possibly with testimony), along with the claims, submit a separate application to the court to restore the statute of limitations.

Therefore, if several transactions took place over the last three years, then the buyer is able to really check only the last transaction - for the rest he will have to act by unofficial methods. This gives rise to the recommendation to buy only those apartments for which the seller has been the owner for more than three years.

Until this moment, the buyer is much more vulnerable legally; in particular, he must first file a claim to compel him to register his property rights and only then protect his rights as an owner.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

From the date of termination of the circumstance that served as the basis for the suspension of the limitation period, its period continues to run. The remaining part of the period is extended to six months, and if the limitation period is six months or less than six months - to the limitation period. If the claim is left by the court without consideration, then the running of the limitation period that began before the filing of the claim continues in the general manner.

Depending on the situation, deadlines vary in length. The terms are not subject to change by agreement of the parties.

In the housing sector, every document is important, so possible risks can only be avoided by thoroughly checking all the nuances of the upcoming transaction.

In order for the court to consider the circumstances that prevented a timely appeal to be valid, they must relate directly to the personality of the plaintiff.

This is due to the provisions of Art. 89 NK. In accordance with it, an on-site inspection, which is carried out by a higher-level division of the Federal Tax Service as part of monitoring the activities of a lower-level structural unit that carried out the initial supervision procedure, can be carried out regardless of the time of the previous (initial) one. Accordingly, the decision can be made at any time.

The situation is similar when the guilty party admitted its actions were illegal and violated your rights.

When acquisitive prescription does not apply

When is acquisitive prescription not used? The answer to this question is based on significant court practice and the current legislation of the Russian Federation. When collecting information regarding this issue, it is clear that there are not many cases of using such a rule.

Please note! Under such circumstances, acquisitive prescription is not used:

When it is necessary to implement objects built without appropriate construction documentation. Such real estate can be registered in possession only on the basis of Article 222 of the Civil Code;
Separate procedures for registering rights apply to property. For example, an object becomes a property as a result of its privatization;
A plot of land is occupied without obtaining permission;
When a separate part of the common property is received into ownership by the party that acts as a co-owner.

The court satisfies only a small number of filed claims related to the issue of acquisitive prescription.

If the decision is positive, the owners receive the right to register the property as their own. Such a small percentage is justified by the need for long-term ownership of property and the collection of an extensive evidence base (for the entire period of ownership).

○ What is the statute of limitations?

Let's turn to Art. 196 Civil Code of the Russian Federation:

In cases of disputes concerning family relationships (for example, division of property or challenging a will) - by the norms of the Family and Housing Code of the Russian Federation (LC RF).
In matters relating to the legality and procedure for the exercise of property rights - the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
In cases of fraud caused with the intent of significant damage to the victims - using the norms of the Criminal Code of the Russian Federation (CC RF).

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Determining the value of the claim

The price of the claim is determined based on the value of the property (clause 1 of Article 91 of the Code of Civil Procedure).

Remember! When calculating the cost of a claim, the following rules are followed:

The price of the property in respect of which the case is being considered is determined by the time the application is sent to the court;
The claim price should be calculated based on the value of the object, but it should not be inferior to the inventory price, the value established by the insurance contract, or the book price (by organization);
If it is not possible to obtain data regarding the inventory price of a real estate property when contacting the authorized bodies, this fact should be indicated in the statement of claim.

The fact of lack of property valuation documents should not be regarded as a reason for not paying state duty. The plaintiff has the opportunity to determine the market price by contacting companies engaged in appraisal activities.

Stipulated state duty

Important! Article 91 of the Code of Civil Procedure establishes that the state duty is calculated based on the value of the property included in the statement of claim sent:

up to 20,000 rub. – paid 400 rubles. + 4% (of the amount);
from 20,000 rub. up to 100,000 rub. – 800 rubles are paid. and an additional 3%;
from 100,000 to 200,000 rub. – paid 3,200 rubles. + 2% from above;
from 200,000 rub. up to 1,000,000 rub. – 5,200 rub. + 1%;
1,000,000 rub. and more - 13,200 rub. and 0.5%.

If it is impossible to establish the value of the disputed object in respect of which an application is sent to the court, the amount of the obligatory payment will be equal to 300 rubles. (individual) and 6,000 rub. (legal entity).

Continuity of ownership and its characteristics

Continuity of possession of an object in respect of which a claim is filed for recognition of ownership rights to it is interpreted literally by the judicial authorities. The tenure period established by clause 1 of Art. 234 of the Civil Code of the Russian Federation, should not be terminated or interrupted (paragraph 5, clause 15 of resolution No. 10/22).

To establish the fact of continuity, documents must be submitted to the court for the entire period of ownership that will confirm this. Eg:

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contracts with public utilities;
tax payment receipts;
payment documents indicating constant payments for the maintenance of housing and its operation;
other documents from the contents of which it can be determined that the plaintiff owned the property for the required period.

Risks! If during the ownership of property there are periods when a citizen or organization could not use and exercise ownership of the property due to any circumstances, then the claim may be denied. Moreover, a plaintiff's assertion of continuity of ownership may be questioned if there is no documentation of ownership during certain periods (for example, lack of utility payments).

Note! Continuity is not violated if the owner transferred the disputed property for temporary possession to third parties, for example, for rent (clause 15 of resolution No. 10/22).

Is it possible to refuse an application?

In some cases, submitted claims are not satisfied. However, the court must always have compelling reasons for this.

Please note! Reasons for refusing to satisfy the claims presented in the claim:

The person actually owns the property and uses it for less than 15 years;
There is a risk of filing a counterclaim to return the property to the rightful owner, the heir. In this case, you will need to wait 3 years;
A person took possession of property illegally. For example, through threats, extortion or deception;
If it is discovered that the owner did not advertise his direct relationship to the property;
If the property did not belong to the applicant for the entire designated period, ownership was interrupted.

In addition to those indicated in the list, there may be other reasons that prevent the applicant from registering property rights.

But if the property is still ownerless, then the owner is lucky - there will be no claims from other owners who suddenly arise. In this situation, judicial practice indicates the advantage of the owner who wants to register the property in his own name.

Appealing a judicial decision

When a court decision does not meet the applicant's expectations, he has the right to appeal it by appealing to a higher authority.

But before that you need to do a few things:

collect additional evidence to confirm the applicant’s legal position;
Get advice from a lawyer after assessing the prospects of your appeal.

The appeal period is allotted up to 10 days from the date on which the contested decision was announced in court. The complaint is sent to the appellate authority at the regional level.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.