Statement of claim to the court for recognition of ownership of a garage samples

Statement of claim for ownership of a garage

Garage owners most often do not have any documents for their objects, except for the card of a member of the garage cooperative.
According to Art. 218 of the Civil Code of the Russian Federation, this document is sufficient to acquire ownership of a garage. However, if the object has not passed state registration, its owner can only use and own the garage, without having the right to sell it, exchange it, donate it, that is, dispose of it. How to register ownership of a garage if registration of the right was refused for one reason or another? It is necessary to contact the judicial authorities with a statement of claim. Most often, garage owners become owners due to acquisitive prescription, which is provided for in Art. 234. Civil Code of the Russian Federation.

Statement of claim for recognition of ownership of a garage by inheritance

The plaintiff was married to a citizen. The plaintiff's husband died. After the death of the spouse, inherited property was opened in the form of a car and a garage. The plaintiff is the heir of the first stage. In addition to the plaintiff, the heirs of the spouse are their children who refused to accept the inheritance. The issuance of a certificate of inheritance according to the law for the garage was refused due to the lack of title documents confirming the registration of the deceased’s ownership of the garage. During his lifetime, the husband acquired ownership of the above-mentioned garage, but did not have time to register ownership of it in the manner prescribed by law. The plaintiff asks to be recognized as having accepted the inherited property. Recognize that the plaintiff has ownership of the garage.

Thus, I, ____________________, am the heir to the property of ____________________ of the first priority by law. Besides me, my husband’s heirs are our children, ___________________ and ______________________, who refused to accept the inheritance.

Sample statement of claim for recognition of ownership of a garage

Petrov P.P. The share payment for garage box No. 102, located at the address: Sovetsky district of the city of Kr-ska, has been fully paid, which is confirmed by a certificate from GSK Contact. The plaintiff evidenced that the requirements of the building regulations, sanitary and hygienic, fire safety, and construction standards were met during the construction of the garage box. On the part of the plaintiff there are no violations of the rights and legitimate interests of third parties during the construction of an unauthorized structure; the preservation of this structure does not violate the rights and legally protected interests of other persons, and does not create a threat to the life and health of citizens. When erecting an unauthorized building, the plaintiff complied with the intended purpose of the land plot.

From the act drawn up on December 11, 2009 by the Administration of the Sovetsky District of the city of Kr-sk, it was established that garage boxes in the amount of 282 units were unauthorizedly erected at GSK “Contact”. According to Art. 218 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the right of ownership of a new thing manufactured or created by a person for himself in compliance with the law and other legal acts is acquired by this person. A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided to these persons by the cooperative, acquire ownership of the specified property.

Recognition of ownership of a garage - judicial practice

Administration of the city settlement Novoivanovskoye, Odintsovo district, Moscow region, in 1991, an additional 0.84 hectares were additionally provided for the expansion of PGSK NIVA. The lands within the boundaries of this territory allocated for the construction of garages were built on the basis of construction permit dated November 2, 1987 N 10/1688r and all the garage boxes of the members of PGSK NIVA are located, including the plaintiff’s garage box. According to the conclusion of the Department of Architecture and Urban Planning of the Odintsovo District Administration, PGSC Niva was given ownership of a total of 0.7 hectares of land located in the industrial zone of the village. Research Institute of Agriculture, occupied by garages since 1986 - 1987. According to the technical passport for the garage boxes of PGSK "NIVA" and the BTI plan of PGSK "NIVA" g.p. Novoivanovskoye, all garage boxes, including N 183, are located on the territory of the cooperative and have signs of a permanent structure; The area of box N 183 is 30.0 square meters. m, its cost is *** rub. 00 kop. By the decision of the Odintsovo City Court of the Moscow Region dated March 10, 2015, the disputed garage was recognized as a permanent structure; no grounds were established for recognizing the disputed garage as an unauthorized construction.

In satisfying the claims of Kh.A. to the Administration of the city settlement Novoivanovskoe Odintsovo district of the Moscow region, the Administration of the Odintsovo district of the Moscow region, PGS "NIVA", BUT the Development Fund of the Center for the Development and Commercialization of New Technologies - to refuse recognition of ownership of the garage box.

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How to file a claim for ownership of a garage

The amount of state duty for property claims ranges from 400 to 60,000 rubles and depends on the value of the property. To calculate, you can use a special calculator. A lawyer will make a statement of claim for ownership of a garage for 2000 - 3000 rubles. For representation at a court hearing, a lawyer receives at least 5,000 rubles per day.

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A claim for ownership, whether it concerns a garage or another building, is sent to the court at the location of the property. If the cost is less than 50,000 rubles, go to a magistrate; if more, submit an application to the district court. Write the statement of claim by hand or type it on a computer. It needs to describe in detail, with references to articles of the law, the situation, as well as your request to the court. If you are not confident in your abilities, contact a lawyer.

Judicial procedure for recognizing rights to a garage

To legalize a garage, you must provide the registration authority with an impressive list of documents. If it is not possible to provide it, ownership of the garage can be recognized through the court. As judicial practice shows, a court decision can replace missing documents.

The procedure for recognizing ownership of a garage through the court involves determining the owner of the building in court.

In what cases is a trial necessary:

The garage was built without permission (Article 222 of the Civil Code of the Russian Federation), that is, erected on land that was not allocated for these purposes by the state; such a structure does not have a construction permit.
By participating in shared-equity construction, some citizens, under the terms of the investment agreement, receive a garage along with an apartment in a new building. In this case, the developer must handle the paperwork for the garage. However, as judicial practice shows, if a contractor has problems with the administration, it takes a very long time to wait for results. This process can be accelerated through the court (Article 208 of the Civil Code of the Russian Federation).
If the garage was built by a testator who did not have time to register his ownership of it during his lifetime.
Lost documents confirming the right to a garage. In which case is it necessary to provide notarized copies of documents to the registration chamber? However, the notary will not certify documents without the originals.

Filing a claim

The main problem that an owner who decides to legalize a garage may encounter when drawing up a statement of claim is to correctly identify the defendant. As a rule, it is not a specific person, but a developer who took upon himself the corresponding obligations to legalize the garage and failed to cope with them, or local authorities.

If you make a mistake in determining the defendant, this may lead to the recognition of ownership rights being delayed indefinitely or the court refusing to consider the claim.

Jurisdiction will be determined by the location of the garage. Filing a claim is accompanied by payment of a state fee. If the cost of the claim is less than 50 thousand rubles, the magistrate will consider the issue; if the garage costs more, the issue is under the jurisdiction of the district court. The price of the claim is determined in accordance with the inventory value calculated by the BTI.

The procedure for recognizing ownership of a garage

a photocopy of the passport of the person who did not receive the right to property;
certificates from the sanitary inspection;
a certificate from the register stating that the object does not belong to other persons;
a certificate from the register stating that the structure has not previously been registered;
technical project (it needs to be updated every five years);
paper confirming the lease of a land plot or ownership of it;
receipts confirming the purchase of materials for construction;
receipts serving as confirmation of payment of state duty.

A certificate confirming payment of the share in full (issued by the chairman of the State Joint Stock Company).
Certificate from the cooperative indicating membership in it.
Technical documents prepared by the BTI authorities.
Documents stating that the construction was carried out using an economic method, as well as an indication of the time of commissioning.

Filing a claim for recognition of ownership of a garage

a copy of all completed pages of the plaintiff’s passport;
a certificate issued from the sanitary inspection;
a certificate from the register stating that the property is not owned by other persons;
a certificate from the register regarding the absence of previous registration of a particular garage;
technical certificate;
title documentation for the land plot;
receipts that confirm the plaintiff’s financial costs for the construction of a garage building;
receipt of payment of state duty.

information must be entered regarding the judicial authority to which it will be filed;
It is necessary to indicate the applicant’s full initials;
the object is described - its location, area, and so on;
contact details are displayed;
it is necessary to mention when and under what circumstances the construction of the garage structure was carried out, as well as the main reasons for the delay in registering property rights.

Sample statement of claim for recognition of ownership of a garage

However, the main difficulties arise precisely at the stage of filing a claim. Here, most plaintiffs get confused in the legal norms, the rules for writing a document and submitting it to the appropriate department of the court. At this stage, it is necessary to enlist the support of a competent specialist. Otherwise, you will waste time and money correcting claims errors. Among other things, the lawyer will represent your interests in court, quickly and easily achieving recognition of your rights.

The documents received during preparation must be attached to the application. They will serve as the basis for satisfying claims. The entire package of documentation is properly completed and then sent to the court department at the address where the property is located.

How to register ownership of a garage in 2020

Land received for use before 2001.
A plot of land that has a specific purpose, for example, for the construction of housing, a garage, or for running a personal subsidiary plot.
If the land plot was received for indefinite use and the user has an agreement in hand confirming this fact.

Statutory documentation of GSK.
Documents confirming land ownership.
Technical plan of the facility.
Receipts confirming payment of membership fees to GSK.
Minutes from the meeting of the founders of the garage cooperative, at which the chairman was determined.
TIN.
Personal documents of the citizen who wrote an application for re-registration of the garage.
A receipt confirming payment of the state fee.

Statement of claim for recognition of ownership of a garage

The claim is prepared in writing, indicating the details of the applicant and the defendant, the name of the court, the circumstances of the case, the requirements and the grounds for the claims. The document is signed by the plaintiff or the person representing him with a power of attorney. To avoid inaccuracies and errors when filling out, it is recommended to use a sample statement of claim for recognition of ownership of a garage.

Copies of the claim.
A copy of the plaintiff's passport.
Documents proving ownership of the box (purchase and sale agreement, payments, acceptance certificate).
Documents regarding the rights to the plot under the garage.
A receipt containing information about payment of the state duty in the amount determined based on the cost of the claim, in the manner prescribed by Art. 333.19 Tax Code of the Russian Federation.
Technical passport for the facility.

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On recognition of ownership of a garage box 2020

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How to recognize ownership of a garage: step-by-step instructions

In addition to the evidence base, you will need a package of documents, which must be listed in the statement of claim and attached to it along with other evidence. These include technical documents from the BTI on the presence of a garage as a fact of dispute, as well as the main characteristics defining it. If the garage is registered with Rosreestr , provide its cadastral passport, and, if available, the title document. Provided that the area under the garage is assigned to you in some way: by right of ownership, use, lease, etc. – be sure to submit these documents.

For example, if the owner’s garage is being used by third parties, but the owner did not and could not know about it (he was away, sick, etc.) - the statute of limitations will begin to count from the moment the garage owner knows about it found out. If, along with the garage, you are also applying for the right to own a house, read about the procedure for your actions at the link.

Registration of ownership of a garage through the court

In some cases, in order to complete the paperwork for a garage and secure the right to property, it happens that a lawsuit is filed. Recognition of ownership of a garage, judicial practice shows the majority of decisions in favor of the applicant.

So:

Such registration is quite expensive and difficult, since ordinary documents are supplemented with documents approved by the sanitary and epidemiological station, firefighters and other court certificates: about the assessment carried out and recorded rights.
Registration of a garage by court decision is done only after all fees have been paid in full. You also need to accurately state the essence of the statement and take part in the meetings of the Themis.
If you understand a little about papers, then it is better to do everything yourself. In this case, the cost of a positive decision will be significantly lower.

Attention: In order not to spend additional money, it is necessary to go to court in cases where all other ways to resolve the conflict have been exhausted.

In what inevitable cases will you have to resort to court to register ownership of real estate? Here are some of the most common circumstances.

Inheritance

So, your relative, who was allocated land for the construction of a garage (see Permission to build a garage and the necessary documentation), who was its owner, died without having time to draw up the necessary documents during his lifetime.

So:

In this case, the notary will not be able to issue a certificate of inheritance to the legal heir, because the box was not the property of the deceased, since it was not registered with him. In this case, it is necessary to inherit the property and dispute the right of ownership through the legal service.
Despite the fact that the site for the construction of the garage was transferred in the order determined at that time - by decision of the executive committee, all approvals and certificates will have to be drawn up, the same as for arbitrary development.
There are some cases when court proceedings can be avoided. A notary official sometimes formalizes an inheritance if the building has not been registered, but there is a document from the head of the cooperative about payment of the share contribution.
A cooperative farm must meet many requirements: be operational at the time of contacting a lawyer, be registered with the tax office before the date of death of the owner, and the document itself must be accurately drawn up.
Justice must be turned to if the heirs missed the six-month deadline specified by law for entering into rights, and the heirs at the time of the owner’s death were registered at the same address as him (it is considered that the heirs entered into inheritance regardless of the period of contact with the notary’s office). Moreover, in this episode you will have to go to court, even if the garage box was registered with the deceased in the Russian Register.
In such an episode, it is necessary in court to recreate the deadline for accepting the inheritance, or to determine the fact of accepting the inheritance of the garage building.

Attention: If you have a garage registration, there is no need to update the documentation. But you will need to prove that you had a truly valid reason for not turning to a notary in a timely manner to enter into inheritance rights, and also that you turned to the court no later than six months from the moment the real reason was eliminated.

Purchase based on receipt

Some time ago you bought a box with an ID. You have in your hands the decision of the executive committee to allocate a plot of land for the construction of a garage, but the document was issued to the previous owner, that is, his data is entered.

Attention: Even if the garage was built without any violations, you do not have the right to register it in your name, since the decision indicates the first owner, and only he can currently register the garage.

So:

In this case, you need to contact the first owner and first register the garage in his name, and only then re-register it in your name.
If you are unable to find the old owner, or he refuses to take part in the re-registration, you will have to resort to the services of a lawyer. Then the notary may refuse to recognize your right of ownership, because your predecessor was not the owner of the garage and could not sell it to you, and the agreement of sale and purchase is insignificant - it does not cause any legal consequences.
Courts often accommodate applicants halfway and recognize the buyer’s right to a garage. There is no need to collect the necessary approvals and certificates in the same way as in the above-mentioned case.

Errors in personal data

You have an executive document from the city executive committee, a purchase agreement or some other document for the garage, but your personal data is entered incorrectly in it.

In this case, you must first contact the organization that issued the document to correct the error.
But it may happen that such an organization has been closed for a long time, or is categorically against corrections. For example: The district administration will refuse you, in their opinion, they do not have the right to be the legal successor of the district executive committee that made the decision, and cannot make any changes to the document. All that remains is to go to court.
This episode is a little more trivial than the previous ones; it is necessary to determine the fact that you own the title document. There is no need to collect approvals and certificates for a garage box; the main thing is to prove the fact that the decision was issued to you, and not to someone with a similar last name, first name or patronymic. It simply made an oversight. Judicial practice on the design of garages in this case will be on your side.

Self-made construction

Legalize in court a garage built without permission before September 2006. It was possible without any initial documents.

Attention: After the expiration of the above date, amendments were made to paragraph 3 of Article 222 of the Civil Code of the Russian Federation, which gives recognition of the right to arbitrary development only to the owner of the land where the garage is built.

It turns out that buildings for which there were no documents and no documents will not be able to be legitimized even through the courts. Then it is necessary to confirm that the land for development at this point was allocated, albeit not to you personally, but to the cooperative of which you are a member.
There will be a need to draw up the necessary consent certificates to prove that the unauthorized structure meets the standards and does not affect the interests of third parties.

Attention: Ownership of a box without documents may not always be recognized, but there are positive solutions to this issue.

Statement of claim for recognition of ownership of a garage

Copy of the statement of claim
Document confirming payment of state duty
Copy of BTI technical passport
Documents confirming the plaintiff’s rights to the land plot under the garage
Documents confirming the assignment of an address to the garage
Documents confirming the plaintiff’s acquisition of the garage as property
Documents confirming the fact of open and bona fide ownership of the garage, the absence of claims of other persons to the disputed property
Other evidence confirming the grounds for the claim for recognition of ownership of the garage

Thus, the inability to prepare title documents and register ownership of the created real estate object - a garage with a total area of 40 (value) sq. m. m., located at the address: St. Petersburg, st. Cherry 100, garage No. 62 (fill in as necessary), served as the basis for filing this lawsuit in court.

Negative points

If the owner does not complete the paperwork for the property on time, he may face various negative situations, many of which will be irreparable:

demolition of an illegal building;
acquisition of a plot under a garage by another person, who will subsequently easily obtain rights to a building located on the land;
impossibility of carrying out legal transactions for the alienation of property (purchase and sale, donation, execution of a testamentary document);
the inability of direct heirs after the death of the garage owner to formalize their rights without involving an executive body;
recognition as invalid or void any transaction that the owner wants to make with real estate;
difficulties in bringing evidence of involvement in the building if there is a regular theft of property from the garage, and there are no documents for the property;
controversial issues related to the use of the garage that may arise with the land owner, even if the lease agreement is executed, or with the cooperative;
other.

Without documents for a garage building, the owner risks losing space for a car at any time.

Statement of claim to the court for recognition of ownership of the garage

In order to become a full-fledged owner and freely dispose of the garage at his own discretion, a citizen must register ownership in the Unified State Register. If a government agency refuses the registration procedure, it is necessary to file a claim and apply to a judicial authority.

A claim for recognition of rights to an object can be submitted either by the owner of the property or by his legal representative (if the latter has a notarized power of attorney that is valid at the time of filing the papers). The documentation is transferred to one of the following courts according to the location of the facility:

Statement of claim for recognition of ownership of a garage by inheritance

According to Art. 1153 of the Civil Code of the Russian Federation, acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir to accept the inheritance or an application from the heir to issue a certificate of the right to inheritance.