Citizen “A” applied, who explained that on June 9, 1995, citizen “B”, who was his father and the father of his brother, citizen “B,” died. After the death of his father, citizen “B” sold to citizen “A” his part of the land plot, but some errors occurred during the execution of the purchase and sale agreement, as a result of which citizen “A” cannot fully dispose of the acquired land plot.
The lawyer, having studied the documents provided by citizen “A”, found out that in accordance with the certificates of the right to inheritance by law, issued by a notary, the heirs of the deceased citizen received 1/2 share of the inherited property, which consisted of a land plot measuring 0.08 hectares, owned by the testator on the basis of a Certificate of Land Title.
Citizen “A”, on the basis of a Certificate of the right to inheritance by law, certified by a notary, received a Certificate of ownership of land, which indicated that he was acquiring the right of common ownership of land with a total area of 400 sq.m., which contradicted the Certificate issued to him on the right to inheritance according to the law, where it was indicated that the heir, i.e. citizen “A” acquires a 1/2 share of a land plot measuring 0.08 hectares; accordingly, the Certificate of Land Title should have indicated in the “Total Area” column not 400 sq.m., but 800 sq.m.
Citizen “B”, on the basis of a Certificate of Inheritance by law certified by a notary, received a Certificate of Land Ownership, which indicated that he was acquiring ownership of land with a total area of 400 sq.m., which contradicted the title documents issued to the citizen “A”, as well as the Certificate of Inheritance by Law issued to citizen “B”, where it was indicated that the heir i.e. citizen “B” acquires 1/2 of a land plot measuring 0.08 hectares, respectively, in the Certificate of Land Ownership it should have been indicated in the column “Type of right” that it was common share, and in the column “Object of right” not 400 sq.m. ., and 800 sq.m.
On June 23, 1998, a land purchase and sale agreement was concluded between citizen “A” and citizen “B”, according to which citizen “B” sold his plot (share in the right) to citizen “A”.
Citizen “A”, on the basis of the Agreement for the sale and purchase of a land plot and the Certificate of state registration of rights, as well as on the basis of the Certificate of the right to inheritance by law and the Certificate of ownership of land, acquired ownership of the entire land plot with a total area of 800 sq. .m., previously owned by his father.
Then citizen “A” submitted a package of documents for the specified land plot to register the site with the cadastral register.
However, citizen “A” was denied cadastral registration of the land plot, since the Federal State Budgetary Institution “Cadastral Chamber” drew attention to the fact that the Certificate of Land Ownership, in which a land plot with a total area of 400 square meters was indicated in the “Total Area” column. m. did not comply with the Certificate of Inheritance by law, in which 1/2 share of a land plot with a total area of 800 sq.m. was indicated as the object of right.
Citizen “A” learned about his violated right when he received a decision to refuse to carry out cadastral registration of changes to the property.
Citizen “A” could not exercise his right to register a land plot measuring 0.08 hectares in the cadastral register, despite the fact that he openly and freely used the above-mentioned land plot and paid all due taxes and payments; there were no claims from other persons to this land plot.
The lawyer drew the attention of citizen “A” to the fact that the title documents for the land plot correspond to reality, but the title documents (certificates of land ownership) contradict the title documents.
Lawyer Polyak M.I. analyzed the problem that arose for citizen “A” and advised him to go to court with a statement of claim to invalidate certificates of state registration of rights, partially invalidate a contract for the purchase and sale of a land plot, exclude from the Unified State Register a record of registration of property rights, invalidate the entry of information into the state real estate cadastre, recognition of ownership of a land plot and the obligation to enter information about the land plot into the state real estate cadastre.
Statement of claim
Citizen “A” asked for lawyer M.I. Polyak. prepare statement of claim and represent his interests in court.
Lawyer Polyak M.I. based its position on this case on the following legal norms:
- in accordance with Art. 218 of the Civil Code of the Russian Federation, the right of ownership to property that has an owner can be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction on the alienation of this property. In the event of the death of a citizen, the ownership of his property is inherited by other persons in accordance with a will or law;
- in accordance with Art. 59 of the Land Code of the Russian Federation, recognition of the right to a land plot is carried out in court. A court decision establishing the right to land is a legal basis, in the presence of which the state registration authorities of rights to real estate and transactions with it are obliged to carry out state registration of rights to land or transactions with land in the manner established by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”;
- in accordance with Art. 60 of the Land Code of the Russian Federation, the violated right to a land plot is subject to restoration in the following cases: 1) the court invalidates an act of the executive body state power or an act of authorities local government, entailing a violation of the right to a land plot. 2) unauthorized occupation of a land plot. 3) in other cases provided for by federal laws. Actions that violate the land rights of citizens and legal entities or create a threat of their violation can be stopped by: 1) invalidation in court in accordance with Art. 61 of the Land Code of the Russian Federation, acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation. 2) suspension of execution of acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation. 3) suspension of industrial, civil, residential and other construction, development of mineral and peat deposits, operation of facilities, carrying out agrochemical, forest reclamation, geological exploration, prospecting, geodetic and other work in the order, established by the Government Russian Federation. 4) restoration of the situation that existed before the violation of the right and suppression of actions that violate the right or create a threat of its violation;
- in accordance with paragraph 1 of Art. 64 of the Land Code of the Russian Federation, land disputes are considered in court;
- in accordance with Art. 16 Federal Law "On the State Real Estate Cadastre" cadastral registration is carried out in connection with the formation or creation of a real estate property, the termination of its existence or a change in the unique characteristics of the real estate object or any specified in paragraphs 7, 10-21 of part 2 of Article 7 of the Federal Law "On the State Real Estate Cadastre" information about the property.
Court decision
The court, having familiarized itself with the case materials, agreed with the position of lawyer M.I. Polyak. and despite objections from the Federal State Budgetary Institution “Cadastral Chamber” and the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, it satisfied the claims of citizen “A” in full, making the following decision:
1) invalidate the Certificate of ownership of a land plot issued to citizen “A”, invalidate the Certificate of ownership of a land plot issued to citizen “B”.
2) invalidate the Certificate of State Registration of Rights issued to citizen “B”.
3) invalidate subclause 1.1 of clause 1 of the Land Purchase and Sale Agreement and subclause 1.2 of clause 1 of the Land Purchase and Sale Agreement, namely in relation to the reference to: “....Certificate of ownership of land issued by the Land Resources Committee and land management, which is confirmed by a certificate of state registration...".
4) invalidate the certificate of state registration of rights in the name of citizen “A” on the ownership of a land plot with a total area of 400 square meters. m. and terminate the entry in the Unified State Register of Rights to Real Estate and Transactions with It on the registration of ownership of the land plot.
5) invalidate the entry of information into the state real estate cadastre about a land plot with an area of 0.04 hectares (400 sq.m.) and oblige the Federal State Budgetary Institution "Cadastral Chamber" for the Moscow Region to cancel information in the state real estate cadastre about the land plot.
6) recognize the ownership of citizen “A” to a land plot measuring 0.08 hectares (800 sq.m.).
7) oblige the Federal State Budgetary Institution “Cadastral Chamber” for the Moscow Region to enter information into the state real estate cadastre about a land plot with an area of 0.08 hectares (800 sq.m.).
What to do if documents are not accepted due to errors in the name, patronymic or date of birth? How to prove that a document belongs to a person if there are typos or clerical errors in it? Where to go if documents have not been submitted to the archive and it is impossible to find them?
Download a sample statement of document ownership. Read the recommendations for drawing up an application and submitting it to the court. Ask questions to a lawyer regarding an application to establish that a document belongs to a specific person.
In what cases is a statement of ownership of a document drawn up?
Such an application is submitted to the court in a special proceeding if the applicant’s information is incorrectly indicated in the available document. For example, there is a mistake in the employee’s last name in the work book. Or the seller's name is incorrectly stated in the purchase and sale agreement. The most common problems are with the letters “e” and “e”, “i” and “y”.
The main condition for going to court is that it is impossible to correct the error in any other way. The fact that a particular document belongs to must have legal significance for the applicant. It is impossible to establish in this manner the fact of ownership of military documents, passports and certificates issued by civil registry offices. For these cases there is a different procedure.
Most often, in this order, the fact of ownership of the following documents is established:
- work book, certificates and orders from the place of work;
- privatization or sale and purchase agreements for apartments and houses;
- diplomas of secondary and higher education;
- certificates and orders of ownership of land plots
Drawing up and submitting an application to establish a fact to the court
Applications to establish the fact of ownership of a document are submitted to the district (city) court at the applicant’s place of residence.
Interested parties in such cases must indicate citizens or legal entities whose rights and legitimate interests will be affected by the court's decision in the case. For example, in an application to establish the fact of ownership of an apartment purchase and sale agreement, the interested party will be the seller (or buyer) of the apartment. Upon application to establish the fact that a work book belongs to an interested person, it is necessary to indicate the local administration Pension Fund RF.
The application must indicate why there was an error in writing the applicant’s data and what is the reason for this. Familiarization with the basic rules for drawing up a statement of claim will help you prepare a claim efficiently and competently.
Sample application to establish the fact of ownership of a document
IN _________________________________
(name of court)
Applicant: _________________________
(full name, address)
Interested person: ______________
(full name, address)
Application to establish the fact of ownership of the document
“___”_________ ____ I received a document _________ (indicate the name of the document in which errors or typos were made), in which errors (slips) were made in my personal data _________ (indicate what errors were made, what personal data were written with errors) .
According to the passport (birth certificate) _________ (indicate the detailed information of the document, number, series, by whom and when it was issued), my last name, first name, patronymic sound like _________ (indicate the correct spelling of the last name, first name and patronymic).
I tried to pre-trial resolve the issue of correcting errors in a document belonging to me _________ (indicate what measures the applicant took to correct the errors), but this was not possible because _________ (give reasons for the impossibility of making corrections in the document).
Establishing the fact of ownership of the document is necessary for me _________ (indicate why it is necessary to confirm the fact of ownership of the document, where the applicant will apply with the court decision).
Based on the above, guided by articles - , Civil Procedure Code of the Russian Federation,
Establish the fact that I own _________ (full name of the applicant) of the title document _________ (name and basic details of the title document).
List of documents attached to the application (copies according to the number of persons participating in the case):
- Copy of application
- Document confirming payment of state duty
- Document of title (which the applicant requests to establish)
- Documents confirming that the title document belongs to the applicant
- Documents confirming that the applicant tried to make corrections out of court, but failed
- A copy of the applicant's passport (for a minor, a copy of the birth certificate)
- Other evidence confirming the basis for the claim of ownership of the title document
Date of application “___”_________ ____ Signature of the applicant _______
Download a sample application:
In _________ federal court
G. _____________
To the judge ______________
Plaintiff: ____________________________
living with ___________, _______________ district
Defendant: 1. _____________________, resident.
___________________________
2. Notary ___________________________
___________________________
3. Administration of the city __________________,
___________________________
4. Federal State Institution "___________________" according to RD.
______________, st.
Interested person: GUFRS for RD
___________________________
Statement of claim (counter)
On the recognition of legal entities
documents are invalid.
A civil case is pending in your proceedings regarding the claim of ____________ against me and others to invalidate the certificate of inheritance, as well as to establish the fact of acceptance of the inheritance.
During the consideration of the case, I learned that after the decision of the court ____________ by the federal court of the city ___________ ___________, __________ received in his name a certificate of the right to inherit according to the law for ½ share of the disputed homeownership, subsequently registered his right with the state registration authorities, and then, through the administration of the city ___________, he bought a land plot with an area of _________ sq. m. m., on which the house is located.
Currently __________ the following documents have been issued for the disputed house:
1. certificate of the right to inheritance according to the law dated __________, issued by a notary _______________
2. Certificate of state registration of rights dated __________.
3. Resolution of the Administration of _________ No. ____ dated _________ “On the provision of gr. _________. ownership of the land plot sq. ______ sq. m. on the street _________, ___.
4. Cadastral plan dated _________, No. _____________
5. Certificate of state registration of rights dated ____________.
In this regard, in accordance with the requirements of Art. 137 of the Code of Civil Procedure of the Russian Federation, I declare counterclaims to recognize the above-mentioned title documents as invalid.
The basis for the issuance of a certificate of the right to inheritance under the law of ___________, __________ by the notary ___________, as follows from the contested certificate, was the decision of the ___________ federal court of the city _________ dated ____________.
Based on this certificate, the defendant was issued a certificate of state registration of rights.
This document also contains a court decision dated __________ and cassation ruling No. ___________ dated ____________ as documents providing grounds for extradition.
Meanwhile, the decision of the ___________ federal court dated _________ and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Dagestan dated ___________ were canceled by the resolution of the Presidium of the Supreme Court of the Republic of Dagestan dated ___________.
Consequently, all title documents issued by ___________, as issued on the basis of canceled court decisions, are subject to recognition as illegal.
For the same reasons, the resolution of the administration of the city of _____________ on the provision of a land plot to Aliyev for the entire land plot, the cadastral plan and the certificate of state registration of the right to the land plot should be declared invalid.
Taking into account the above, guided by Art. 167-168 Civil Code of the Russian Federation
I ASK:
Invalidate: certificate of right to inheritance by law dated __________, certificate of state registration of rights dated __________, resolution of the Administration of __________ No. ____ dated __________, cadastral plan dated ____________ No. _____________/____, certificate of state registration of rights dated _________ and records of registration of rights No. _____________ ____ dated _________, No. ___________ ____ included in the Unified State Register of Real Estate and transactions with it.
Application:
A copy of the statement of claim.
Receipt for payment of state duty.
The remaining documents are on file.
G. ________________
(specify: when, what valuables, which institution issued the
bearer document)
The lost document has the following distinctive features:
___________________________________________________________________________.
(describe them in detail)
The loss occurred under the following circumstances _________________________________
In accordance with Art. 148 Civil Code of the Russian Federation, art. 294-297 Code of Civil Procedure of the Russian Federation
acknowledge ___________________________________________________________________
(indicate the name of the lost document,
____________________________________________________________________________
the institution that issued it) is invalid.
In order to prepare the case for hearing, issue a ruling on prohibition
the institution that issued the document to make payments or issues on it, and
also about the production of publication in the local press.
Call witnesses ___________________________________________________.
(full name, address)
Applications.
1. Available written evidence.
2. A copy of the application.
3. Receipt (stamp) of state duty.
Signature Date
Note. A person who has lost a bearer security or an order security, in the cases specified in federal law, may ask the court to invalidate the lost bearer security or order security and to restore rights under them. Rights under a lost document can also be restored if the document loses the signs of payment as a result of improper storage or for other reasons.
An application for invalidation of lost bearer securities or order securities and for restoration of rights under them is filed with the court at the location of the person who issued the document on which execution must be carried out (Article 294 of the Code of Civil Procedure of the Russian Federation).
The application for the invalidation of a lost bearer security or order security and for the restoration of rights under them must indicate the characteristics of the lost document, the name of the person who issued it, and also state the circumstances under which the loss of the document occurred, the applicant’s request to prohibit the person issuer of the document, make payments or issues on it.
The case on invalidating a lost bearer security or an order security and on restoring the rights thereunder shall be considered by the court after three months from the date of publication in the press of information about the loss of the security and if the holder of the document has not received a statement of rights to the lost security.
If the applicant's request is granted, the court makes a decision by which the lost document is declared invalid and the rights to the lost are restored. security bearer or order security. This court decision is the basis for issuing a new document to the applicant to replace the one declared invalid.
The holder of a document who, for any reason, has not timely declared his rights to this document, after the entry into force of a court decision to invalidate the document and to restore rights under the lost bearer security or order security, may present it to the person for whom the right to receive a new document to replace the lost document, a claim for unjustified acquisition or saving of property (Article 301 of the Code of Civil Procedure of the Russian Federation), was recognized.
Naro-Fominsk City Court of the Moscow Region, composed of Judge Efimova *.*. with Secretary Volkova *.*., having considered in open court civil case No. 2-565/10 on the claim of Nina Popova to Evgeni Feoktistova of the Administration of the Naro-Fominsk municipal district of the Moscow region on the recovery of real estate from someone else’s illegal possession, on the invalidation of title deeds documents of the defendant, termination of the defendant’s ownership of the land plot and the exclusion of the entry from the Unified State Register and on the counterclaim of Evgeni Feoktistova to Nina Popova of the Administration of the Naro-Fominsk Municipal District of the Moscow Region for the invalidation of title documents and the exclusion of the entry from the Unified State Register,
Installed:
Plaintiff Popova *.*. filed a lawsuit against Feoktistova *.*., Administration of the Naro-Fominsk municipal district of the Moscow region in which she asks, clarifying her requirements in accordance with Art. 39 of the Russian Federation PC, invalidate the Resolution of the Head of Administration...... for Number anonymized from Date anonymized year “On the issuance of certificates of land ownership”, in part of paragraph 2 on assigning a plot of land to Evgeniya Feoktistova Number is anonymized as to a member individual stuck TIZ "Rubin", area The room is impersonal in... ownership; invalidate the Resolution of the Head of the Administration...... for Number anonymized from Date anonymized year “On the issuance of certificates of land ownership”, in part of paragraph Number anonymized on the issuance of a duplicate certificate of ownership to Evgeni Feoktistova, an individual developer of TIZ “Rubin” to land in relation to a land plot The number is impersonal, the area The number is impersonal...; invalidate the certificate of ownership of land series Number is impersonal The number is impersonal, issued on the basis of the Resolution of the Head...... Number is impersonal from Date anonymized of the year, Naro-Fominsk District Committee for Land Management Date is impersonal of the year, registration record Number is impersonal, in the name of Feoktistova Evgeni in regarding a land plot with an area Number impersonal, with cadastral Number impersonal, from forest fund lands for individual housing construction; terminate Evgeni Feoktistova’s ownership of a land plot for the construction and maintenance of a residential building with a total area. The number is impersonal, with a cadastral number. The number is impersonal, located at the address:...,...,...; exclude the registration entry from the Unified State Register of Rights to Real Estate and Transactions Therewith. The number is anonymized. from Date anonymized year in relation to the state registration of the defendant FULL NAME3 ownership of a land plot for the construction and maintenance of a residential building with a total area of 1147 square meters. m, with cadastral number is impersonal, located at:...,...,...; to reclaim from someone else's illegal possession of the defendant Evgeni Feoktistova a land plot with a cadastral number depersonalized from the lands of settlements with permitted use: for individual housing construction, total area Number depersonalized, located at the address:...,...,..., account. The number is impersonal, belonging to me by right of ownership, remove it from someone else’s illegal possession of the defendant and transfer the disputed land plot to the plaintiff.
Claims of Popova *.*. justified by the fact that the plaintiff owns a land plot - category of land: land of settlements with permitted use: for individual housing construction, total area Number is impersonal, located at the address:...,...,...... , academic The number is anonymized based on the following title and other documents:
certificates of ownership of land series Number is impersonalNumber is impersonal Number is impersonal, issued by the Naro-Fominsk District Committee for Land Management Date is impersonal for the year in the name Full name 19 Date is impersonal Year of birth, for a land plot area The number is impersonal. meters, with cadastral number, impersonal, from forest lands for individual housing construction, located at:...,...,....
Resolutions of the Head of the Naro-Fominsk Municipal District... Number anonymized from Date anonymized on amending the Resolutions of the Head of the Naro-Fominsk Municipal District... Number anonymized from Date anonymized and clarifying the cadastral number of the disputed land plot.
certificates of the right to inheritance according to the law, certified by a notary... Full name 8 Date anonymized year, according to which the heir to the property Full name 7, deceased Date anonymized year, in the form of a disputed land plot of 1200 square meters. m., with cadastral number is impersonal, is Popova Nina Date is impersonal year of birth.
certificate of state registration of rights issued by the Federal Registration Service for the Moscow Region Date anonymized in the name of Nina Popova in relation to the ownership of a land plot with a cadastral Number anonymized, from the lands of settlements with permitted use: for individual housing construction, total area The number is anonymized located at the address: ...,...,......, uch. The number is impersonal, which is recorded in the Unified State Register. The number is impersonal.
The specified land plot, owned by the father of the plaintiff Popova *.*. FULL NAME6, legally, by inheritance completely became the property of Popova *.*.
For family reasons and due to her own state of health, plaintiff Popova *.*. could not visit this plot of land and approximately at the end of the Date anonymized year sent to... her husband FULL NAME9 in order to decide on the spot which construction work will need to be carried out for normal operation of the land. On the spot, it turned out that the land plot was illegally occupied by some woman, who also owned a similar land plot in the neighborhood, and her own daughter - the land plot. The number is impersonal, bordering the disputed land plot along the rear boundary of the latter. In a conversation with the plaintiff’s husband, a man took part, introducing himself as Feoktistova *.*.’s son-in-law, who threatened physical harm and categorically refused to let the plaintiff’s husband into the territory of the land plot. In addition, he stated that the owner of the land plot is his mother-in-law, but he refused to provide information about her.
Currently, the plaintiff wants to use this land plot without any restrictions and believes that it is necessary to remove obstacles to the owner - plaintiff Popova *.*. in the use of the specified disputed land plot.
At the moment, the court has found out that the defendant Feoktistova *.*. Installed a deaf fence along the front boundary of the land plot metal fence made of corrugated iron, constructed the entrance gate. There are no buildings on the disputed land plot.
Disagreeing with Popova's demands *.*. Feoktistova *.*. filed counterclaims against Popova *.*., Administration......, in which she asks the court to invalidate:
Certificate of ownership of land series Number is impersonalNumber is impersonal Number is impersonal, issued by the Naro-Fominsk District Land Committee Date is anonymized in the name of Popov Vladi for a land plot with an area Number is impersonal meters, with cadastral Number is impersonal, located at the address:...,....
Resolution of the Head of Naro...... Number anonymized from Date anonymized on classifying the disputed land plot as lands... - to the category of lands: “land of populated areas.”
Resolution of the Head... Number anonymized from Date anonymized on amending the Resolutions of the Head of the Naro-Fominsk Municipal District... Number anonymized from Date anonymized and clarifying the cadastral number of the disputed land plot.
Certificate of state registration of rights issued by the Federal Registration Service for the Moscow Region Date anonymized in the name of Nina Popova in relation to ownership of a land plot with a cadastral Number anonymized, total area Number anonymized, located at the address:...,...,..., uch. The number is impersonal, as a registration record is made in the Unified State Register. The number is impersonal.
At the same time, counter plaintiff Feoktistova *.*. substantiates its position by the fact that we are talking about the same disputed land plot, in respect of which it has documents on ownership and has registered land ownership.
Representatives of Popova *.*. at the court hearing, the original claims in the amended version were fully supported, against the satisfaction of the counterclaim of Feoktistova *.*. objected.
Feoktistova *.*. at the court hearing, Popova’s claims *.*. did not admit it, insisted on satisfying her claims in court.
Representative of the Administration of the Naro-Fominsk District of the Moscow Region, claim by Popova *.*. in a revised version, he supported, against satisfying the counterclaim of Feoktistova *.*. objected.
The representative of TIZ "Rubin" did not support the position of the original plaintiff Popova *.* at the court hearing. nor the counter-plaintiff Feoktistova *.*., left the resolution of the dispute to the discretion of the court.
The representative of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region was absent from the court hearing dated anonymized year, and was duly notified of the place, time and date of the hearing of the civil case.
Representatives of the town of Selyatino, Naro-Fominsk district, Moscow region and the municipal unitary enterprise "Architecture and Urban Planning" were absent from the court hearing from the date of anonymization of the year, and were duly notified of the place, time and date of the hearing of the civil case.
Having examined the written materials of the case, having heard the explanations of the persons participating in the case, the court considers the claims of Popova *.*. legal and justified and subject to satisfaction, the counterclaims of Feoktistova *.*. – not subject to satisfaction.
In accordance with Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of their rights and freedoms.
Article 3 of the Code of Civil Procedure of the Russian Federation establishes that an interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms and legitimate interests.
In accordance with Art. 12 of the Civil Code of the Russian Federation, the protection of civil rights is carried out, inter alia, by restoring the situation that existed before the violation of the right and suppressing actions that violate the right or create a threat of its violation, invalidating an act of a local government body
According to Art. 56 of the Code of Civil Procedure of the Russian Federation, each party is obliged to prove the circumstances to which it refers as the basis for its claims or objections.
In accordance with Art. 301 of the Civil Code of the Russian Federation, the owner has the right to reclaim his property from someone else’s illegal possession.
According to Art. 209 of the Civil Code of the Russian Federation The owner has the rights to own, use and dispose of his property.
From the materials of the civil case, explanations in court by Popova’s representatives *.*. The court found that the plaintiff Popova *.*. the disputed land plot, located at the address:...,...,..., really belongs on the basis of the following, which do not raise any doubts in the court, title and other documents:
Resolutions of the Head of the People...... Number anonymized from Date anonymized on classifying the disputed land plot as lands... - to the category of lands: “land of populated areas.”
Resolutions of the Chapter... Number anonymized from Date anonymized on amendments to the Resolutions of the Chapter...... Number anonymized from Date anonymized and clarification of the cadastral number of the disputed land plot.
Resolutions of the Head... Number anonymized from Date anonymized on assigning a postal address to the disputed land plot.
certificates of the right to inheritance according to the law, certified by a notary... Full name 8 Date anonymized of the year, according to which the heir to the property Full name 7, deceased Date anonymized of the year, in the form of a disputed land plot with an area Anonymized number., with a cadastral Number anonymized, is Nina Popova Date anonymized year of birth.
certificate of state registration of rights issued by the Federal Registration Service for the Moscow Region Date anonymized in the name of Nina Popova in relation to the ownership of a land plot with a cadastral Number anonymized, from the lands of settlements with permitted use: for individual housing construction, total area The number is anonymized, located at :...,...,..., uch. The number is impersonal, which is recorded in the Unified State Register. The number is impersonal.
At the same time, during the consideration of the civil case, it turned out that the defendant Feoktistova *.*. when registering the disputed land plot in my name, I used the following two documents in different editions - Resolutions of the Head of Administration...... for Number anonymized from Date anonymized year:
“On the issuance of a certificate of ownership of land”, according to which paragraph No. depersonalizes the said Resolution for Feoktistova *.*. the land plot was assigned. The number is impersonal, as for a member of an individual. stuck TIZ "Rubin", area The room is impersonal... in the property. An extract from the said Resolution was submitted by the defendant to the Federal Registration Service.
“On the issuance of certificates of ownership of land”, according to paragraph The number of which is anonymized TIZ “Rubin” from ... Feoktistova *.*. decided to issue a duplicate certificate of land ownership. individual developer.
In a legal analysis of the same Resolution of the Head of Administration...... for the Number is anonymized from the Date is anonymized year provided by the plaintiff in various organs in charge of registering property rights and other bodies, in two various options, it is clear that these are essentially different decisions.
In addition, on the basis of a judicial request, UFAKON handed over to the plaintiff's representative copies of documents, from which it is clear that Feoktistova *.*. received from the Federal Registration Service for the Moscow Region a certificate of state registration of rights of the series Number impersonal from Date anonymized year in relation to a land plot for the construction and maintenance of a residential building with a total area Number anonymized, with a cadastral Number anonymized, located at the address:...,...,.. ., as a result of which the registration was recorded. The number is anonymized.
According to explanations in court from the date anonymized year of the representative of the Municipal Unitary Enterprise "Architecture and Urban Planning" FULL NAME14 Master plan TIZ "Rubin" was approved in the date anonymized year with street names at the location of the property. At the same time, in the certificate of ownership of the land and in the certificate of state registration of the rights of the defendant Feoktistova *.*., issued respectively Date anonymized and Date anonymized the name of the street on which the land plot is located Number anonymized is absent.
Thus, the defendant Feoktistova *.*. there is no proper document of title - the Resolution of the Head of Administration...... on the allocation of this disputed land plot to her.
From the explanations of E.G. Feoktistova in court, it follows that initially at an unspecified time and on the basis of unidentified documents that were not preserved in the personal archive of Feoktistova *.*., the defendant was allocated a plot of land of an unspecified area at an unspecified address in ..... .. Then, through the mediation of the unknown Feoktistova *.*. a person named “Rustem” exchanged the specified plot of land with some woman, as a result of which the former plot of land, located, according to Feoktistova *.*. in... was replaced by a disputed land plot on the territory of the Rubin TIZ.
In the date of anonymization, according to the defendant Feoktistova *.*., she had drawn up all the documents for this land plot, the defendant could not list the names of which, their details, dates of registration, the authorities that issued them and other necessary data. According to Feoktistova *.*. in court, these documents were lost. No objective evidence in the specified part of Feoktistov *.*. did not present it to the court. According to the defendant Feoktistova *.*. These documents were restored in the date anonymized, but evidence in this part was not presented to the court.
As follows from the materials of the civil case, in the Federal Registration Service for the Moscow Region the defendant is Feoktistova *.*. to register the right to the disputed land plot, she submitted an improper extract from the Resolution of the Head of Administration...... for Number anonymized from Date anonymized year, in which it was indicated: assign to Feoktistova *.*. land plot The number is impersonal, as for a member of an individual. stuck TIZ "Rubin", area The room is impersonal... in the property.
Certificate of ownership of land series Number is impersonal Number is impersonal, issued on the basis of the Resolution of the Head...... Number is impersonal from Date anonymized of the year, Naro-Fominsk District Committee for Land Management Date is impersonal of the year, registration record Number is impersonal, in the name of Evgeni Feoktistova in relation to the land a plot of land with an area of \u200b\u200bthe Number is anonymized, with a cadastral Number is anonymized, from forest fund lands for individual housing construction is subject to invalidation on the following grounds:
The disputed land plot legally belongs to plaintiff Popoi *.*. based on the following reliable documents:
Resolutions of the Head of Administration...... Number anonymized from Date anonymized year on the issuance of certificates of land ownership in the name of Vladi Popov
Certificates of ownership of land series Number is impersonalNumber is impersonal Number is impersonal, issued by the Naro-Fominsk District Committee on Land Date is anonymized year in the name of Vladi Popov Date is anonymized year of birth, for a land plot Number is impersonal meters, with cadastral No. Number is impersonal, from forest fund lands for individual housing construction , located at:...,...,....
Resolutions of the Head...... Number anonymized from Date anonymized on classifying the disputed land plot as lands... - to the category of lands: “land of populated areas.”
Resolutions of the Chapter... Number anonymized from Date anonymized on amendments to the Resolutions of the Chapter... Number anonymized from Date anonymized and clarification of the cadastral number of the disputed land plot.
Resolutions of the Head... Number anonymized from Date anonymized on assigning a postal address to the disputed land plot.
Certificates of the right to inheritance according to the law, certified by a notary... Full name 8 Date anonymized of the year, according to which the heir to the property Full name 7, deceased Date anonymized of the year, in the form of a disputed land plot with an area Number anonymized, with a cadastral Number anonymized, is Popova Nina Date anonymized year of birth.
Certificates of state registration of rights issued by the Federal Registration Service for the Moscow Region Date anonymized in the name of Nina Popova in relation to the ownership of a land plot with a cadastral Number anonymized, from the lands of settlements with permitted use: for individual housing construction, total area Anonymized number located at the address :...,...,......, uch. The number is impersonal, which is recorded in the Unified State Register. The number is impersonal.
As can be seen from the materials of the civil case, the title documents in the name of FULL NAME6 were issued in Date anonymized - Date anonymized gg., and in the name of the defendant Feoktistova *.*. – in Date is impersonal year. It should be noted that Full Name 6 died, Date anonymized, and the defendant executed documents for the disputed land plot in the period from Date Date anonymous, that is, immediately after the death of Full Name 6.
In the cadastral passport of the plaintiff Popova’s land plot *.*. from Date anonymized d. Number anonymized indicated: cadastral Number anonymized, location -.... Number anonymized, land category - lands of populated areas.
In the cadastral extract about the land plot of the defendant Feoktistova *.*. from Date anonymized city Number anonymized indicated: cadastral Number anonymized, location -... Number anonymized, land category not established.
Thus, the disputed land plot is located on settlement lands, as indicated in the plaintiff’s cadastral passport, and not on lands whose status (category) has not been established, as noted in the cadastral extract of the defendant’s land plot.
According to the Conclusion of the Head of Administration... Full name 16 dated Date anonymized year No. Number anonymized disputed land plot located at the address:...,...,..., account. The number is impersonal, is actually located on settlement lands and is within the boundaries of the settlement....
According to the certificate of the Federal Tax Service on...... from Date anonymized d. Number anonymized for the plot Number anonymized defendant Feoktistova *.*. did not pay land tax. Feoktistova’s statements *.*. in court, the fact that she paid the land tax before the anonymized date was not confirmed by objective evidence. According to the certificate of the Federal Tax Service on... tax on the land plot of Feoktistova *.*. was not accrued due to the fact that the cadastral number of its plot was not established. At the same time, the court reliably established that the cadastral number of Feoktistova’s land plot is *.*. was assigned back in the Date anonymized year.
According to the Conclusion of a land management examination carried out by specialists from NEKTs Full name 20 dated Date anonymized Year Number anonymized, item Number anonymized Conclusions - the plots are located at different addresses. The closest to reality is the section Number impersonal (full name0).
From the materials of the civil case, it also turned out that in the Date anonymized on the basis of the decision of the Naro-Fominsk City Court of the Moscow Region from the Date anonymized for Feoktistova *.*. ownership of a land plot with an area of \u200b\u200bThe number is impersonal was recognized at the address:...,...,..., The number is impersonal
At the same time, from the text of the said court decision, attached to the materials of this case, it is clear that the defendant argued in court that she, Feoktistova *.*, was depersonalized on the date of the year. was accepted as a member of the TIZ "Rubin", she was allocated a plot of land. The number was anonymized, from that time on she cultivated it, planted seedlings, fenced it, built a utility block, she was given a membership book, she paid membership fees.
At the same time, in the trial in the date of anonymization, the defendant argued that she had not previously been provided with free ownership of the land plot and, by virtue of clause 5 of Art. 20 ZK F she has the right to acquire ownership of the plot free of charge.
Thus Feoktistova *.*. in court, in the year anonymized, she proved that she had not previously been allocated a land plot in the territory of the Rubin TIZ. The land plot Number is impersonal the defendant sold Date is impersonal to the resident... Full name 21.
Under the above circumstances, the court makes an indisputable conclusion that the defendant Feoktistova *.*. unlawfully received documents for the land plot of plaintiff Popova *.*. and uses it illegally and unreasonably.
As for Feoktistova’s counterclaim *.*. to Popova *.*. in which the court asks the court to invalidate:
Certificate of ownership of land series Number is impersonalNumber is impersonal Number is impersonal, issued by the Naro-Fominsk District Land Committee Date is anonymized in the name of Full Name 6 for a land plot with an area Number is impersonal meters, with cadastral No. Number is impersonal, located at the address:...,..., ....
Resolution of the Head...... Number anonymized from Date anonymized on classifying the disputed land plot as lands... - to the category of lands: “land of populated areas.”
Resolution of the Head... Number anonymized from Date anonymized on amendments to the Resolutions of the Chapter...... Number anonymized from Date anonymized and clarification of the cadastral number of the disputed land plot.
Resolution of the Head... Number anonymized from Date anonymized on assigning a postal address to the disputed land plot.
Certificate of state registration of rights issued by the Federal Registration Service for the Moscow Region Date anonymized in the name of Nina Popova in relation to the ownership of a land plot with a cadastral Number anonymized, total area Number anonymized, located at the address:...,...,.... .., student The number is impersonal, about which a registration record was made in the Unified State Register The number is impersonal, the court considers the indicated counterclaims not subject to satisfaction due to the fact that the court does not have legitimate legal grounds for canceling the certificate of ownership of land of the series The number is impersonalThe number is impersonal The number is impersonal, issued by the Naro-Fominsk District Land Committee Date anonymized year in the name FULL NAME6 for a land plot with an area Number anonymized meters, with cadastral No. Number anonymized, located at the address:...,...,...; Resolutions of the Head...... Number anonymized from Date anonymized on classifying the disputed land plot as lands... - to the category of lands: “land of populated areas”; Resolutions of the Head... Number anonymized from Date anonymized on amendments to the Resolutions of the Chapter... Number anonymized from Date anonymized on the year and clarification of the cadastral number of the disputed land plot, Resolution of the Chapter... Number anonymized from Date anonymized on assignment the disputed land plot of the postal address, since all these documents were issued in the prescribed manner, on legal grounds, by the competent authorities within the framework of their powers.
The current legislation does not provide for invalidation of certificates of state registration of rights. State registration of rights to real estate is carried out on the basis of submitted title documents in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.” The legal grounds for recognition of title documents are the grounds for state registration of rights to the disputed land plot by Popova *.*. not established by the court. Therefore, Feoktistova’s requirement *.*. to invalidate the certificate of state registration of rights is untenable.
During the consideration of the present civil case of Feoktistov *.*. asked to apply the rule on the expiration of the limitation period to this dispute and in protocol form insisted on applying the rule on acquisitive limitation to the dispute, arguing that Popova *.*. lost the right to go to court for protection of a violated right, since the statute of limitations for going to court had expired.
The court cannot agree with Feoktistova *.*.’s arguments, since they are not based on the law. As can be seen from the materials of the civil case, the statement of claim was filed by Popova *.*. within the limitation period, in addition, in accordance with the provisions of Art. 208 of the Civil Code of the Russian Federation, the limitation period does not apply to these legal relations. As for acquisitive prescription, according to Part 1 of Art. 234 of the Civil Code of the Russian Federation, a person who is not the owner of property, but who conscientiously, openly and continuously owns his own property for fifteen years, acquires the right of ownership of this property (acquisitive prescription).
From the case materials it is clear that Feoktistova *.*. received documents for the disputed land plot, which raise reasonable doubts in the court about their reliability, on the basis of the Resolution of the Head of Administration...... for Number anonymized from Date anonymized year in a double edition - “On the issuance of certificates of land ownership”, in parts of the paragraph The number is impersonal about assigning a plot of land to Evgeniy Feoktistova The number is impersonal as to a member of an individual. stuck TIZ "Rubin", area Number is impersonal for... ownership and "On the issuance of certificates of land ownership", in part of the paragraph Number is impersonal about the issuance of a duplicate certificate of land ownership to Evgeni Feoktistova, an individual developer of TIZ "Rubin" regarding the land plot The number is impersonal, the area The number is impersonal....
Thus, the court indisputably established that the beginning of the period of acquisitive prescription could only relate to the date Date anonymized year, however, taking into account the fact that the disputed plot was initially provided to the general on legal and justified grounds FULL NAME22..., the court cannot agree with the indicated arguments of Feoktistova *.*.
Based on the above and guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation
The claims of Nina Popova against Evgeni Feoktistova of the Administration of the Naro-Fominsk Municipal District of the Moscow Region for the recovery of real estate from someone else's illegal possession, for the invalidation of the defendant's title documents, for the termination of the defendant's ownership of the land plot are satisfied.
Invalidate the Resolution of the Head of the Administration...... for Number anonymized as amended from Date anonymized year “On the issuance of certificates of land ownership”, in part of the paragraph Number anonymized on assigning a land plot to Evgeniy Feoktistova Number anonymized as a member of an individual . stuck TIZ "Rubin", area The room is impersonal... in the property.
Invalidate the Resolution of the Head of the Administration...... for Number anonymized as amended from Date anonymized year “On the issuance of certificates of land ownership”, in part of paragraph Number anonymized on the issuance of a duplicate certificate to Evgeni Feoktistova, an individual developer of TIZ “Rubin”. right of ownership of land in relation to a land plot The number is impersonal, area The number is impersonal....
Invalidate the Certificate of ownership of land series Number is impersonal Number is impersonal, issued on the basis of the Resolution of the Head...... Number is impersonal from Date anonymized of the year, Naro-Fominsk District Committee of Land Date is impersonal of the year, registration record Number is impersonal, in the name of Feoktistova Evgeni in in relation to a land plot with an area of the Number is impersonal, with a cadastral Number is impersonal, from the lands of the forest fund for individual housing construction.
To reclaim from someone else's illegal possession of the defendant Evgeni Feoktistova a land plot with a cadastral number depersonalized from the lands of settlements with permitted use: for individual housing construction, total area Number depersonalized, located at the address:...,...,...... , academic The number is impersonal, belonging to the plaintiff Nina Popova by right of ownership, to remove it from someone else’s illegal possession of the defendant Feoktistova *.*. and transfer the disputed land plot to the plaintiff Popova *.*.
Terminate Evgeni Feoktistova’s ownership of a land plot for the construction and maintenance of a residential building with a total area. The number is impersonal, with a cadastral number. The number is impersonal, located at the address:...,...,....
Exclude from the Unified State Register of Rights to Real Estate and Transactions with It the registration entry Number is anonymized from Date anonymized in relation to the state registration of the defendant Evgeniy Feoktistova, the ownership of a land plot for the construction and maintenance of a residential building with a total area The number is anonymized, with the cadastral Number is anonymized, located at:...,...,....
To satisfy the counterclaims of Evgeni Feoktistova, refuse.
The decision can be appealed to the Moscow Regional Court through the Naro-Fominsk City Court within ten days from the date the decision was made in final form.