Registration of ownership of non-residential premises in court

The transition of modern Russia to the triumph of private property has given rise to many conflicts and problematic situations. This especially applies to real estate ownership (both residential and non-residential).

If the situation with apartments or rooms in a communal apartment is more or less clear, then with houses, dachas, various utility rooms, and garages, confusion often arises. The fact is that a lot of such premises were built by the grandfathers and parents of modern Russians.

People lived in such houses, used other premises, and it did not even occur to them that they needed to somehow document their right to such real estate. This was done due to habit, mentality, or simply a frivolous attitude towards bureaucratic procedures.

The same was true for their children or grandchildren, who continued to live in such ownerless houses. And sometimes abandoned houses were occupied by complete strangers, and, say, in communal apartments, the rooms vacated after the death of lonely old people were occupied by neighbors.

What is the statute of limitations?

However, sooner or later the situation changes, and users of such real estate seek to legalize it and legalize their own legal relations with this real estate.

Current Russian legislation allows this to be done on the basis of the so-called acquisitive limitation period. But the procedure for legalizing real estate is quite complicated, often associated with litigation. At the same time, citizens should know at least a basic understanding of what kind of legal instrument this is.

The mechanism for its application is prescribed, first of all, in the Civil Code of the Russian Federation (Civil Code of the Russian Federation). And its essence is that a citizen (as well as a legal entity), who conscientiously, openly and continuously uses certain property for a certain period of time, has the right to declare his ownership of it.

The acquisition limitation period for main types of property (including movable property) is five years, but for real estate it is 15 years. After the expiration of such a period of fair use, the non-owner has the right to claim an official change in his status for the better.

Registration of rights by court decision

A court decision is a document confirming the existence of ownership of real estate, but legal ownership arises from the moment of its state registration.

The Civil Code of the Russian Federation directly indicates the need for state registration of rights. The court decision in this case serves as the basis for registration, but does not replace documents issued by the registration authorities.

The Federal Law “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the “Law”) establishes that one of the grounds for state registration of the existence (emergence, termination, transfer, limitation (encumbrance)) of rights to real estate and transactions with it is a court decision that has entered into legal force.

Registration of a right by a court decision is carried out on the general basis provided for by federal and departmental legislation, and does not differ from the registration procedure established, for example, for the registration of a similar right on the basis of a purchase and sale or gift agreement.

The main stages of the procedure for registering rights by court decision are:

— submission by the copyright holder (owner) of the required package of documents to the registration authority, acceptance and registration of such documents by the registrar;

— legal examination of documents by the state registrar;

— making entries in the Unified State Register of Rights to Real Estate in the absence of grounds for refusal or suspension of registration of rights by court decision;

In accordance with the Methodological Recommendations “On the procedure for state registration of rights to real estate on the basis of judicial acts” (hereinafter referred to as the “Recommendations”), when conducting a legal examination in the case of registration of rights by court decision, the registrar is recommended to check:

— correct execution of a copy of the court decision;

- the fact that a court decision has entered into legal force (as a general rule, court decisions come into force after the expiration of the period for appeal; this issue is in most cases investigated by the registrar by checking the presence in the court decision of the corresponding mark on the date of entry into force of the decision made by the court );

- the presence in the court decision of a description of the object, an indication of the copyright holder (owner) and the type of right subject to state registration (if the court decision submitted for registration of the right does not contain the specified data, then the registrar or the person who applied for registration of the right has the right to apply to the court with a statement seeking clarification of the procedure for executing such a decision).

Separately, it should be noted that the right according to the decision of the arbitration court can also be registered in the specified order.

The procedure for registering ownership of real estate

As mentioned above, a user of real estate who is not the owner, but who claims such a right, must meet several important criteria.

Throughout all these years, the user's actions in relation to the property must be open, conscientious and continuous throughout the entire period. If, say, a person moved out of his house for some reason, and then returned and demanded recognition of his ownership of it, then the court decision will be negative.

Another important point is that the previous owner must have officially registered ownership of this property (at least in the BTI). Otherwise, the deceased users will first have to have their ownership rights recognized in court, and the 15 years required by law will have to be counted from this date.

If the status of the property is determined, then only the court will be able to transfer ownership of it to you. To do this, a statement of claim is filed with the district (city) court at the location of the property. You must first pay a state fee, which is calculated based on the inventory value of the property. By default, the defendant in such a claim is the local government.

In court, you must provide evidence that you have actually used the property “as if it were your own” for 15 years. And they did it in good faith and openly - let’s say, they didn’t hide from their neighbors and didn’t cause them damage with their actions.

Evidence may include receipts for construction materials (if you made repairs or installed double-glazed windows), contracts for housing and communal services and paid bills, insurance contracts, tax receipts, as well as witness statements.

After a positive court decision is made, ownership should be registered with the relevant body of Rosreestr.

Want to share?

Registration of property by court decision.

In accordance with paragraph 1 of Art.
8 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), paragraph 1 of Art. 17 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (Registration Law), decisions of arbitration courts and courts of general jurisdiction that have entered into legal force are one of the grounds for state registration of the existence, occurrence , termination, transfer, restriction (encumbrance) of rights to real estate and transactions with it. In accordance with Art. 16 of the Arbitration Procedural Code of the Russian Federation and Art. 13 of the Civil Procedure Code of the Russian Federation, judicial acts that have entered into legal force are binding on state authorities, local governments, other bodies, organizations, officials and citizens and are subject to execution throughout the Russian Federation.

A court decision in favor of an interested person does not relieve him of the further need to contact the authorities carrying out state registration of rights. If the moment of emergence of the right is not specified in the decision, then the right to real estate recognized by the court arises according to the general rule for real estate from the moment of its state registration. Rights recognized by the court to ownerless property (clause 3 of Article 225 of the Civil Code of the Russian Federation), possession by prescription (clause 1 of Article 234 of the Civil Code of the Russian Federation), unauthorized construction (clause 3 of Article 222 of the Civil Code of the Russian Federation) arise only from the moment of state registration.

State registration of property rights on the basis of a court decision is carried out within ten working days from the date of receipt of the application and documents required for state registration.

Copies of acts of courts that established rights to real estate are submitted for state registration of rights in at least two copies, one of which must be returned to the right holder after state registration of rights.

Legal examination in case of registration on the basis of a court decision includes verification of:

the validity and authenticity of the documents submitted;
entry into force of the court decision;
compliance of the court decision with the requirements of paragraph 1 of Art. 18 of the Registration Law - by the presence in the decision of a description of the object, the copyright holder and the type of right to be registered.

Rights to real estate established by a court decision are subject to state registration, which the state registrar has the right to refuse only on the grounds specified in paragraphs four, six, seven, nine, ten, eleven, twelve, thirteen, fourteen of paragraph 1 of Article 20 of the Registration Law .

The establishment by a court of general jurisdiction of only the fact of possession and use is not enough to register the right of ownership; the court decision must also indicate the right to real estate.

If the court decision does not contain information that the state registrar is obliged to enter into the Unified State Register of Rights to Real Estate and Transactions with It, the state registrar or the copyright holder, if there is a written conclusion of the state registrar, has the right to request the court about the procedure for executing this decision.

In accordance with the Registration Law, if one of the parties to the contract evades state registration of rights, the transfer of ownership is registered on the basis of a court decision made at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of the bailiff.

The dispute may be submitted to arbitration if there is an arbitration agreement concluded between the parties. By agreement of the parties to the arbitration proceedings, any dispute arising from civil legal relations may be referred to the arbitration court, unless otherwise provided by federal law.

At the request of the parties, the arbitration court makes a decision to approve the settlement agreement, if the settlement agreement does not contradict laws and other regulatory legal acts and does not violate the rights and legitimate interests of other persons. The contents of the settlement agreement are set out in the arbitration court decision.

However, often when registering rights based on decisions of arbitration courts, problems arise associated with the lack of title documents (essentially, in the absence of rights to real estate), since if it is impossible to recognize the right by a court or arbitration court, claims are brought against persons who have never owned this property and have not having no claims on him.

The decision of the arbitration tribunal is executed by the parties voluntarily in the manner and within the time limits established in this decision. Enforcement of a decision is carried out according to the rules of enforcement proceedings on the basis of a writ of execution issued by an arbitration court or a court of general jurisdiction.

Acting Deputy Head of the Department for Registration of Rights to Residential Real Estate N.S. Pototskaya

Documents for registering property rights in Rosreest

The documentation is provided as an attachment to the application after the conclusion of the main agreement, certifying and stating the completed property transaction or other action for the alienation and transfer of real estate.

The documentation required for registration is divided into:

On the establishing, confirming reason for the emergence of the right of the alienating person, with the exception of its belonging to an economic entity (municipality).
Agreements that became the reason for the alienation of real estate as a result of the transaction.
Technical documentation for real estate, issued in the cadastre and cartography department - for land plots, and for apartments and houses - in the BTI.
Civil passports or identity certificates. For intermediaries – a notarized power of attorney.
Receipt of payment of the duty.
For persons who acquired alienable property during marriage - permission of the spouse.

For certain categories of real estate, there are nuances in registration actions.

Registration of ownership of non-residential premises in court

Many property owners mistakenly believe that rights to non-residential (as well as residential) real estate are acquired at the time of its purchase, donation, or other method of entry into use. In fact, in order to legally enter into the rights to use real estate, additional registration of ownership of non-residential premises . This procedure has long been worked out in the registration authorities, but it cannot be said that it will always be easy to implement. Unfortunately, there are situations where you have to work hard to recognize rights to non-residential real estate. In this case, it is recommended to use the services of qualified specialists who will help solve the problem in the simplest, fastest, and most profitable way for the customer.

Extrajudicial registration of property rights

There are two ways to register ownership of non-residential real estate - extrajudicial and judicial. The easiest way is out-of-court registration. But even here various difficulties arise. It is necessary to correctly fill out the application, collect the appropriate package of documents, and implement other factors that prove the existence of rights to real estate. All these factors significantly influence the registration of ownership of non-residential premises , therefore the participation of an experienced lawyer in their implementation is very desirable. Specialists will help you collect a package of documents depending on the characteristics of a particular property, draw up an application, check all documents for legality, and represent the interests of the customer in various authorities.

Judicial registration of ownership of non-residential real estate

However, recognizing the ownership of certain non-residential premises in court may be much more difficult. There can be many reasons for the emergence of controversial situations. For example, the developer is in no hurry to register ownership of non-residential premises of one or several shareholders. Before submitting an application, you need to collect a package of documents:

A document that is the basis for the acquisition of real estate (preliminary, concluded agreement of purchase/sale, equity participation, investment agreement or other basis for the right to real estate)
Additional agreement, if one was drawn up
Documents confirming the fulfillment of financial obligations
Availability of a temporary order, act of acceptance/transfer of real estate

These documents may be accompanied by additional certificates and contracts, if necessary; only a specialist will help you collect the package of documents in more detail.

Procedure and terms for registration of property rights in court

It is important to take into account that the judicial review can be long or short, depending on the professionalism in preparing the evidence base, drawing up documents, and conducting meetings. Moreover, registration of ownership of non-residential premises through the court can be divided into several stages:

Checking the legality of claims, drawing up a power of attorney for representation in court, filing a statement of claim with receipts for payment of fees
Conducting a trial, collecting evidence to guarantee a positive decision
Obtaining a court decision, registration of state registration by court decision

No lawyer can name the exact timing of recognition of property rights in court. The court is expected to consider the case and make a decision within two months. Experienced judges can complete a case within a month, usually a month and a half. However, it is necessary to take into account some circumstances beyond the control of the lawyer (for example, the absence of a judge), which may somewhat delay the court case. If the trial lasted the standard two months, plus an additional two weeks should be added for the decision to enter into force and the period for submitting the court decision to the Rosreestr. As a result, it will take about three months to register property rights in court.

Unauthorized construction

How to register ownership of a house if it was built without the required permits?
It is easy to register a built house as your property when the construction was carried out with all the necessary permits. If the owner erected the building without permission, then before receiving a certificate of ownership, he will first need to legalize it. This can only be done through legal proceedings. The owner of an illegal private house must file a claim and provide evidence confirming the need for this construction. The court may recognize such construction, or may decide to demolish it. If the outcome is positive, the owner of the building can begin the procedure for registering ownership. Otherwise, the plaintiff will have to comply with the court decision and demolish the unauthorized building.

Commissioning

Completion of construction of a house does not mean that the owner can now register ownership. You need to start with another procedure - putting the building into operation. A special commission makes a decision on the suitability of the building for habitation. Therefore, the owner must:

Call an engineer from the cadastral chamber to clarify the boundaries of the site and register the new building.
After this, you need to contact the local executive body and write an application to call the commission. Title documents and a building permit will also be required.
The next stage is contacting a town planning organization. The owner of the house needs to find out the list of organizations to contact, pay the state fee for putting the building into operation, etc.
Next, you need to coordinate the entry of the house with gas, fire and other services.
After all the documents have been collected, they should be submitted to the urban planning department. There, the owner of the house will be given the appropriate document about putting the building into operation.

How to register a house as a property through court

Important

For example, when the developer has delayed the delivery of the house, and, therefore, the shareholder cannot register ownership of the apartment, or when the construction company fails to fulfill the investment conditions. How to register a house Before you register a country house, you need to make sure that you have all the documents necessary for this purpose and make copies of them. After which you must pay a state fee of 1000 rubles and make a copy of the payment receipt.

You can register an abandoned house or ordinary private property in Rosreestr. To do this, you should come there and write an application according to the established template. Registration of ownership of a house through the court The legislation recognizes as unauthorized construction a structure, structure or other real estate erected on a land plot not intended for these purposes.

The procedure for state registration of property rights

Actions to register a property for cadastral registration, with the entry of information about the owner of the property, are carried out as a result of:

privatization of an apartment;
acquisitions (purchases);
receiving as a gift (see How to draw up a deed of gift);
exchanges (see Apartment exchange);
receiving an inheritance (see Entering into an inheritance).

A certificate of inheritance or an apartment purchase and sale agreement confirming the fact of the transaction, and other documentation specifically reflecting the specific characteristics of the alienated and accepted object are presented to the cadastre and cartography department.

Since the transfer of rights occurs simultaneously, the persons carrying out these actions are present in the Rosreestr office at the same time. Either one party gives the other a power of attorney to complete the transaction.

The collected package of papers is transferred upon direct submission of an application by citizens, in person, with the provision of civil passports of the persons.

The registrar checks the correctness and availability of the required certificates, technical passports and acts. He is also responsible for accepting the application with attachments only from the hands of the owner (see Rosreestr receipt for registering property transactions).

In cases permitted by regulations - from an authorized representative representing the interests of the citizen carrying out a property transaction.

For persons living outside the regional or regional center, a method is provided for transferring contracts and other required documentation by mail:

by registered mail;
with an inventory attached;
with notification of receipt.

In case of loss of a valuable letter, the contents will be restored by post office operators.[/stextbox]

Judicial acts as grounds for registration actions

(Leonova N.V.)

(“Russian Justice”, 2010, No. 2)

JUDICIAL ACTS AS BASIS FOR REGISTRATION ACTIONS

N. V. LEONOVA

Leonova N.V., head of the department for registration of rights to residential premises of the Office of the Federal Registration Service for the Omsk Region, state registrar.

The issue of the procedure for state registration of property rights on the basis of a judicial act is currently problematic both in judicial practice and in the practice of bodies carrying out state registration of rights.

Key words: judicial acts, state registration.

Question of the order of state registration of ownership on the basis of a judicial act at the moment is problematic both in jurisprudence and in practice of the performing state registration of rights.

Court decision as a basis for state registration.

Civil Code of the Russian Federation, sub. 3 p. 1 art. 8, names a court decision as an independent basis for the emergence of civil rights and obligations.

Federal Law “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Law on Registration), paragraph 1 of Art. 17, classifies judicial acts that have entered into legal force as grounds for state registration.

The actions of the registration authority are determined by clause 1 of Art. 28 of the Registration Law and have the following features:

1. A right recognized by a court is subject to registration on a general basis. A court decision in favor of the interested person does not relieve him of the further need to contact the registration service. So, in Art. 268 of the Civil Procedure Code of the Russian Federation states that a court decision regarding a legal fact subject to registration serves as the basis for registration, but does not replace documents issued by registration authorities. Therefore, the copyright holder must contact the Office with a corresponding application, attaching a receipt for payment of the state duty, a cadastral (technical) passport for the property and other documents necessary for registration.

2. The moment of emergence of the right by a court decision. There is an opinion that the right of the interested person arises from the moment the decision enters into legal force. In fact, if the moment of emergence of the right is not specifically indicated in the decision, then the right recognized by the court arises according to the general rule for real estate - from the moment of its state registration. The moment when a right arises can also be determined by a court, in which case the right arises in accordance with a court decision. In any case, the court decision itself must bear a mark indicating its entry into legal force.

3. When ownership rights arise on the basis of a court decision, a legal examination of documents submitted for registration is also carried out in accordance with the general procedure.

Legal expertise includes checking:

— validity and authenticity of the documents presented;

— entry of the court decision into legal force;

— compliance of the court decision with the requirements of paragraph 1 of Art. 18 of the Law on Registration - by the presence in the decision of a description of the object, the copyright holder and the type of right to be registered.

Court decisions in cases of special proceedings must also indicate the type of right to real estate - ownership, lifelong inheritable possession, permanent (indefinite) use, etc.

4. State registration of rights on the basis of a judicial act may be suspended by the state registrar only if he has doubts about the authenticity of the submitted documents.

This provision of the Law means that if there is an error or typo in the court decision, if for some reason not all the documents necessary for state registration are submitted, the registrar does not have the opportunity to suspend the case and try to eliminate the obstacles that have arisen. Under the current Law, the registrar has only a month to make a decision. If, after the specified period, the documents are not put in order, state registration will be denied. In such a situation, the citizen himself can suspend registration for up to three months and go to court to clarify the decision made, correct a technical error, etc. Moreover, it should be borne in mind that the judge cannot simply write “believe the corrected” on the text of the decision or attach a letter with explanations. The court schedules a new hearing, which results in a special ruling.

5. The registrar has the right to refuse registration of the right established by the court on the following grounds (clause 1 of article 28 of the Registration Law):

— documents submitted for state registration of rights do not comply in form or content with the requirements of current legislation. For example, the court decision has not entered into legal force, there is no judge’s signature or court seal, the address of the real estate property or the name of the copyright holder is incorrectly indicated, etc.

- the person who issued the title document is not authorized to dispose of the right to this real estate object;

- a person who has rights limited to certain conditions has drawn up a document without indicating these conditions;

- the right holder has not submitted an application and other necessary documents for state registration of a previously arisen right to an object of real estate, the presence of which is necessary for state registration of the transfer of this right arising after the entry into force of this Federal Law, its restriction (encumbrance) or completed after the entry into force of this Federal Law on transactions with real estate;

- the documents required in accordance with this Federal Law for state registration of rights have not been submitted; for example, an application, a receipt for payment of state fees, a cadastral passport, etc.;

— there are contradictions between the declared rights and already registered rights; for example, in the state register of rights there is an entry about the right of another person, and the issue of invalidating this entry by the court has not been resolved;

- state registration of ownership of a land plot is not allowed, since this land plot cannot be provided for private ownership.

Limiting the possibility of refusing to register a right recognized by the court does not mean that it is mandatory to register rights to an object that is not precisely established in the decision.

It should be noted that recognition of a right by a court cannot be equated to a decision subject to enforcement. The registration service was not a defendant in the case of recognition of the right, therefore the court decision to establish the right does not give rise to its obligation to carry out registration. In the absence of the necessary documents, registration cannot be carried out forcibly - on the basis of a writ of execution.

Challenging a registered right. Record of right of claim.

Despite the fact that the Law defines registration as a legal act of recognition and confirmation by the state of rights to real estate, state registration itself is not any act of a state body and does not carry any authoritative instructions to participants in civil legal relations. Since registration in itself does not entail the emergence of rights to real estate without a title document, it also cannot in itself violate the rights of other persons. State registration is only proof of the existence of a registered right. According to paragraph 1 of Art. 2 of the Registration Law, only the registered right can be challenged in court, and not the registration itself. The subject of the claim should be the invalidation of the legal basis for registration - for example, a purchase and sale agreement, a resolution on the provision of a land plot, a certificate of inheritance, etc. The defendant in such a claim should not be the registering authority, but the person who violated the law during the transfer rights to real estate - party to the contract, local government body, etc.

As established in paragraph 1 of Art. 235 of the Civil Code of the Russian Federation, the right of ownership terminates when the owner alienates his property, the owner renounces the right of ownership and when the right of ownership to property is lost in other cases provided for by law. The law does not provide for such grounds for termination of ownership rights as invalidation of the registration, as well as the certificate of registration of rights issued by the Department. It is impossible to deprive rights to real estate by appealing only against the actions of the registering authority.

If there is already a dispute about the right in relation to the real estate property, then in accordance with paragraph 2 of Art. 28 of the Law on Registration, when challenging rights to real estate in court, the registrar makes a special entry in the state register about the right of claim. Court decisions and rulings that have entered into force regarding rights to real estate are subject to mandatory forwarding by the judicial authorities to the body carrying out state registration within 3 days. Therefore, the basis for recording the right of claim can be any document confirming the fact of judicial challenge of the right at any stage of the trial, for example, a judge’s decision to accept the statement of claim for proceedings or to prepare the case for trial. Thus, subject to proper notification of the registration authority, from the beginning to the end of the trial, all interested parties can receive information about the existence of a dispute regarding the property.

However, a record of the right of claim in itself, in the absence of records of judicial arrests and prohibitions, does not prevent the disposal of the object and, accordingly, the commission of registration actions. It should be noted that the fact of challenging the right must be indicated in the agreement on the transfer of real estate, otherwise the registrar may refuse to register the transaction or transfer of the right on the basis that “a person who has rights limited by certain conditions has drawn up a document without indicating these conditions" (Clause 1, Article 20 of the Registration Law). It is difficult to imagine a buyer who would agree to accept the property under such conditions. The acquirer notified of the dispute cannot be considered in good faith and enjoy the protection provided by Art. Art. 302, 303 of the Civil Code of the Russian Federation.

Registration by court decision in case of evasion by one of the parties to the transaction.

According to paragraph 3 of Art. 165 of the Civil Code of the Russian Federation, if a transaction requiring state registration is completed in the proper form, but one of the parties avoids registering it, the court has the right, at the request of the other party, to make a decision to register the transaction. In this case, the transaction is registered in accordance with the court decision. I would like to note that one court decision does not replace state registration of a transaction. Until the transaction is registered, even if there is a court decision on registration, it cannot be considered concluded.

Since one of the parties to the contract evades state registration, in such a dispute it is she who is the defendant, and not the registering authority. Accordingly, the court decision in itself to register a transaction does not give rise to the obligation of the registration service to carry out state registration. In case of evasion by a party to a transaction, state registration is carried out by court decision, and not on the basis of a court decision and not in execution of a court decision. In other words, the decision of the judicial authority in this case replaces the application and other necessary documents not submitted for registration by the other party to the agreement. The party interested in registration must contact the Department in the prescribed manner and submit the documents necessary for registration (application, site plan, documents on payment for registration, title document - agreement, etc.). Instead of the documents that the evading party had to submit, a court decision is presented.

Appeal against refusal of state registration.

According to paragraph 5 of Art. 2 of the Registration Law, the applicant or other interested person may appeal the refusal to a court or arbitration court.

The court, having recognized the citizen’s application as justified, makes a decision on the obligation of the registering authority to carry out state registration and sets a deadline for this. The execution of the decision must be notified to the court and the citizen no later than one month from the date of receipt of the court decision. In case of non-execution of the decision, the court takes measures provided for by the legislation of the Russian Federation.

Thus, if the refusal to register is declared illegal, the body carrying out state registration is obliged to execute the court decision and carry out registration. In the absence of other (not considered by the court) grounds for refusal, registration is carried out in accordance with the court decision. Other grounds for refusal may include, for example, seizure of property imposed during the period of appeal against the actions of the Office, identified contradictions between the declared and previously registered rights.

The copyright holder does not need to submit an additional application and re-pay for registration. If the original documents have already been returned to the applicant, they must be submitted again to the Office, otherwise the state registrar will not be able to affix the necessary registration stamps and seals on the title documents. Registration is carried out within the period specified in the court decision, and if the period is not specified, then within a month.

Settlement agreements.

The procedure for concluding a settlement agreement by the parties and its approval by the court, the contents of the settlement agreement are determined by Ch. 15 of the Arbitration Procedural Code of the Russian Federation. A settlement agreement can be concluded by the parties at any stage of the arbitration process and during the execution of a judicial act. The settlement agreement must contain information agreed upon by the parties on the conditions, amount and timing of the fulfillment of obligations to each other or one party to the other. The settlement agreement is approved by a court ruling, which must indicate its terms. The settlement agreement is executed by the parties voluntarily or forcibly on the basis of a writ of execution (Article 142 of the Arbitration Procedure Code of the Russian Federation).

As stated in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59, the arbitration court, when approving a settlement agreement under which one party transfers ownership of residential premises to the other, is obliged to make sure that the party transferring the real estate is its owner and its ownership is registered in accordance with the procedure established by law. The ruling of the arbitration court on the approval of a settlement agreement on the transfer of ownership of real estate is a judicial act that determines the conditions and content of a civil transaction with this property. Since the defendant's ownership of the residential premises was not registered, he could not dispose of it, including by concluding a settlement agreement.

Thus, registration of a right on the basis of a settlement agreement is carried out in a general manner, which is not subject to the rule on the inadmissibility of refusal of registration established by paragraph 1 of Art. 28 of the Law on State Registration. And the settlement agreement itself is considered as a kind of contract, the content and conditions of which are fixed by a court ruling. When registering rights under a settlement agreement, the following must be submitted to the Office:

— applications for registration (from both parties in the case of voluntary execution or from one party in the case of forced execution of the settlement agreement);

— a court ruling on approval of the settlement agreement (it is also possible to submit the agreement itself, signed by the parties);

— documents confirming the ownership of real estate to the person obligated to transfer it under a settlement agreement;

— documents confirming the voluntary or forced execution of an agreement regarding the transfer of real estate, for example, a transfer deed;

— other documents necessary for registration;

— documents on payment for registration, facility plans, statutory documents of legal entities, powers of representatives, etc.

Thus, from all of the above we can conclude that only if the registration authority participates in the judicial proceedings can it be assigned the obligation to unconditionally carry out registration actions. This may be in cases of appeal against evasion or refusal of registration, as well as in the event of a court decision (ruling) to suspend registration.

Registration authorities cannot participate in the claim proceedings, since they are not participants in material and legal relations regarding real estate and do not have any claims to it. Accordingly, decisions on all types of cases involving individuals and legal entities (challenging and establishing rights to real estate, termination of transactions, evasion of registration) do not give rise to the obligation of the registering authority to carry out state registration. Registration actions are carried out not in accordance with the execution of a court decision, but in the general manner - upon application, with the payment of a fee, with the provision of a real estate plan and other documents necessary for registration.

——————————————————————

Registration of ownership of a land plot in the Rosreestr

Registration of a land plot, according to the rules, is accompanied by the receipt of technical documentation for the acquired territory. The main type of documentation is land surveying.

Experienced lawyers categorically do not recommend purchasing undemarcated plots of land. In fact, it often turns out that what you purchased was completely different from what you had planned.

The purchased land plot is adapted to the goals of the landowners, which reflects its intended purpose and permitted use. Lands are entered into cadastral records and registered according to their location in the cadastral quarter, which is determined by drawing out boundaries in nature and determining turning points (see Cadastral registration of land plots).

If the seller has not provided regulatory boundary signs, the registered plot may present unpleasant surprises later.

Some unscrupulous sellers of land plots alienated land without surveying it, measuring the area of the plot “from the neighbor’s fence.” Subsequently, it turned out that the neighbor decided to move the fence while the plot was empty. Such incidents are not uncommon; they turn into legal disputes, which become a wasted amount of money if the construction of a capital structure has begun on such a territory (see).

Citizens should keep in mind that the location of land plots on the ground is determined according to cadastral records. And when acquiring land, you need to focus on boundary signs and technical documentation.