Tip 1: How to register ownership of a fence

Jurisprudence

Tip 1: How to register ownership of a fence

The right to own a fence can be formalized by applying to the territorial subdivision of Rosreestr. At the same time, an obligatory condition is the assignment of a fence to real estate objects.

The question of the possibility of legalizationthe ownership of the fence is rather complicated, since for the adoption of a positive decision by the Rosreestr authorities, the selection of a number of characteristics is necessary. First, the fence should be inextricably linked to the ground, and its dismantling, dismantling or moving should be impossible without causing disproportionate damage to this object. In addition, usually a fence is an auxiliary thing, so the ownership of it is registered along with the main object. The main object can be a building, a structure or a property complex enclosed by a specified fence.

What documents will be required for registration of ownership?

To apply to a territorial unitRosreestr for the registration of ownership of the fence will require a preliminary inventory of this object, its designation on the plan BTI. In addition, the owner of the fence should collect documents confirming the acquisition or the independent erection of this object. The land plot on which the object is erected must belong to the owner of the fence or be in his possession, with the designated purpose of the site being to allow the erection of a similar fence on it. In addition, only those fences that have a foundation can be assigned to real estate objects, which confirms the impossibility of dismantling it without seriously damaging this property.

How to apply to the territorial unit of Rosreestr?

In accordance with the constructed or acquiredthe owner can apply to the territorial subdivision of Rosreestr, where it is required to submit an application for state registration, identity documents, proof of payment of state duty, inventory documents from BTI, as well as documents confirming the acquisition or erection of this object. Usually these documents are submitted simultaneously with the documents for registration of the main real estate object. If the registering body makes a decision to refuse to register the fence, then this act can be appealed in a judicial procedure. If the fence meets the necessary characteristics, the court will oblige the authorized body to conduct the state registration of this object, after which the owner will receive the appropriate certificate.

Tip 2: Which document confirms ownership

Going to buy a property or a carit is important to prepare in advance for the transaction and have a clear idea of what documents should be transferred to you after signing the contract and transferring funds. Possession of even superficial information will facilitate understanding of the process of transfer of ownership.

Instructions

Ownership is a concept usedin the civil law of the Russian Federation for the designation of private property. In accordance with the norms of the Civil Code of the Russian Federation, both physical and legal persons can own property.

The property can be any property,except for some types, which by virtue of the law can not belong to the right of ownership to citizens or legal entities. The owner of the property is entitled to own, use and dispose of it, this allows the property to transfer into ownership from one person to another.

It is very difficult for a normal person to understandonly in existing laws, but also the documents of ownership. Therefore, it is advisable to consult a lawyer when purchasing a property or an expensive vehicle, as ignorance can be expensive in the long run.

A document certifying the ownership ofreal estate (apartment, house, land or garage) is a certificate of ownership issued by a body that registers real estate transactions.

The right of ownership arises from thetitle deed - purchase and sale agreements, annuities, donations, equity participation in construction, certificates of accession to inheritance rights, court decisions and so on.

The documents of title to the land plot, in addition to those previously listed, include acts of state bodies, a resolution of the head of administration on the granting of a site to the property.

The ownership of the land is alsocan be confirmed by a certificate of the right to lifetime inheritable possession and a certificate of the right of permanent (perpetual) use. The above-mentioned certificates are necessarily accompanied by the relevant decisions of the state bodies on the transfer of land.

Transactions with real estate are subject to mandatorystate registration, it is from the moment of state registration that the ownership right is transferred from the seller to the buyer. In the name of the buyer a certificate of ownership of the acquired property is issued.

When buying a vehicle,that you can not own it on the basis of a power of attorney. The document confirming the ownership of the car may be a sales contract, certificate-account, gift agreement, certificate of accession to inheritance rights, court decision. The vehicle's passport (PTA) and the certificate of registration are the registration documents of the vehicle. Registration and registration are carried out by the traffic police.

Tip 3: How to transfer land to property

Registration of land ownership rightsis carried out on the basis of the Federal Law No. 122-F3, which entered into force on January 30, 1998. If the land was purchased, donated or inherited before this time and you did not manage to formalize it, you have the right to correct this situation.

You will need

- passport;
- title documents;
- cadastral statements;
- application;
- receipt of payment for registration.

Instructions

On land that is bought, donatedor received in the inheritance before the entry into force of this law, there are only title documents: a contract of sale, gift or certificate of inheritance. If you received the land in an unlimited lease, you have an agreement concluded with the district administration.

To register ownership of landYou will need to process the cadastral documents. For their registration, contact the regional cadastral chamber (FUKK), submit a written application for an engineer's call.

Get a photocopy in the district administrationplan of land settlements, it will require an engineer to conduct a survey. On your land site will carry out a list of technical works, in which you do not need to delve into any need. The only thing you need to do - is to prepare a solid stakes or fence to set the boundary marks after marking territory.

Based on the works you will receiveTechnical documents. Make a written act of coordinating borders with neighbors of bordering land. If in the process of surveying it turned out that the area of your land lot exceeds the one specified in the title documents, you will have to give a written explanation of the origin of excess land. For example, it is enough to write that on one side of the site there was a wasteland, you moved the fence, cleared the territory, hence the extra space appeared.

All received and drafted documents must be submitted toCadastre chamber. Your site will be put on a single cadastral register, assign it a number and issue a cadastral passport and plan. An extract from the passport and a copy of the plan you need to register ownership, so do not forget to immediately receive these documents.

If the land plot is on lease, forregistration of property rights you will have to obtain a local municipality decree, contact there with a statement, originals and photocopies of cadastral statements, a passport and a lease agreement. Having received the decision, you will be able to register the property rights.

To register ownership ofland, contact the state registration chamber, fill out the application, present all available documents and photocopies. In 1 month you will receive a certificate of ownership of the land.

Tip 4: How to protect the rights

Article 12 of the Civil Code of the Russian Federation (Civil Code) establishes certain ways to protect the civil rights of natural persons - citizens and legal entities - organizations:

Instructions

Confession rights. This way is realized by bringing a suit to the court. For example, if necessary, recognize the ownership of a thing, property that arose due to acquisitive prescription (Article 234 of the Civil Code of the Russian Federation).

Restoring the situation that existed before the violation rights, and suppression of actions that violate the right orthreatening its violation. For example, the violated right to a land plot is subject to restoration in the event of unauthorized occupation of a land plot (Article 60 of the Land Code of the RF - RF LC). The same article of the LC RF establishes that actions that violate rights on the land of citizens and legal entities or creatingthreat of their violation, can be prevented by suspension of industrial, civil-housing and other construction, as well as other ways indicated in the article.

Recognition of a voidable transaction as invalid andthe application of the consequences of its invalidity; the application of the consequences of the invalidity of a void transaction. This way of protecting civil rights is carried out in a court of law. The interested person indicated by the Civil Code of the Russian Federation has the right to apply to the court for recognizing the transaction as invalid on the grounds established by the Civil Code of the Russian Federation. For example, when the powers of a person to commit a transaction are limited by the contract, and when the transaction is concluded, such person has exceeded these limits, the court can recognize the transaction as invalid. A person may be contacted about this in the interests of which the restrictions are established, in cases where it will be proved that the other party in the transaction knew or would have known about the said restrictions (Article 174 of the Civil Code of the Russian Federation). Transactions, the invalidity of which is subject to determination in court, are called voidable. Deals that are invalid, regardless of their recognition as such courts, are called void (Article 166 of the Civil Code of the Russian Federation). The requirement to apply the consequences of a void transaction can be brought to court by any interested person. The court can also apply such consequences on its own initiative.

Recognition as invalid of the act of statebody or body of local self-government. A non-normative act of a state body, a local government body, and in the cases established by law also a normative act that does not comply with the law, other legal acts and violates civil rights and legal interests of a citizen (or legalpersons) may be recognized by the court as invalid. In this case, the violated right is subject to restoration or protection by other means provided for in Article 12 of the Civil Code of the Russian Federation (Article 13 of the Civil Code of the Russian Federation).

Self-defense rights. In other words, the law recognizes the person's right to protect his own actions rights. So, for example, if the ownergarden plot found that a neighbor put a fence with a call to its territory, he can at any time remove such a fence from the territory of his site. At the same time, as article 14 of the Civil Code of the Russian Federation provides, the methods of self-defense must be proportionate to the violation and not go beyond the limits of the actions necessary for its suppression. That is, if the same neighbor, for example, finds out the relationship with the infringer of his fists and causes him bodily harm, he will exceed the permissible limits of self-defense rights.

Appointments to perform duties in kind. Here we are talking about cases when, unlike monetary compensation, the court places on the defendant the obligation to perform a certain action in favor of the plaintiff, often this method of protection is associated with the transfer of an individual-specific thing (a particular land plot, a picture of a famous artist) that is of value to the plaintiff.

Compensation of damages and 8) recovery of forfeit. These methods of protection can be implemented by a person either through court or extrajudicially. For example, a person - a party under a contract may require the other party to indemnify losses and collect penalties in cases provided for by the contract, in a claim procedure.

Compensation for non-pecuniary damage. In this case it is a question of compensation of physical and moral sufferings of the citizen (to legal persons the category of moral harm is inapplicable) in monetary terms. Compensation for moral damage is regulated by articles 1099-1101 of the Civil Code of the Russian Federation.

Termination or changes in the legal relationship. As an example of such a method of protection can be called termination of the contract by the court at the request of the party to the contract, rights which is violated by the other party (Article 450 of the Civil Code of the Russian Federation).

Non-application by court of the act of state bodyor a local government body that is contrary to the law. This way of protecting civil rights also implies the inability to base their claims in court on an act of a state body or local government that is contrary to the law. The list of ways to protect the rights set forth in Article 12 of the Civil Code of the Russian Federation is not closed. Special legislation may also establish other methods of protection rights.