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Recognition of the property right to a real estate object owing to acquisitive prescription

Recognition of the property right to a real estate object owing to acquisitive prescription

The person - the citizen or the legal entity, - not being the owner of property agrees p.1 Art. 234 of the Civil code of the Russian Federation, but is conscientious, openly and continuously owning as own real estate within fifteen years or other property within five years, gets the property right to this property (acquisitive prescription).

The property right to the real and other estate which is subject to the state registration arises at the person which acquired this property owing to acquisitive prescription from the moment of such registration.

Owing to Art. 11 of the Federal law "About introduction of part one of the Civil code of the Russian Federation" action of article 234 of the Code (acquisitive prescription) extends and on cases when possession of property began till January 1, 1995 and proceeds at the time of introduction of part one of the Code.

Set of all conditions listed in article 234 of the Civil Code of the Russian Federation (integrity, openness and a continuity of possession as own real estate within fifteen years) is the basis for buying of property this property owing to acquisitive prescription.

According to item 15 of the resolution of Plenum of the Supreme Court of the Russian Federation No. 10, Plenum YOU the Russian Federation No. 22 of 29.04.2010 "About some questions arising in jurisprudence at settlement of disputes, connected with protection of the property right and other real rights" at settlement of disputes, connected with emergence of the property right owing to acquisitive prescription, to vessels it is necessary to consider the following: davnostny possession is conscientious if the person, receiving possession, did not know and should not have known about lack of the basis of emergence the property right at it; davnostny possession admits open if the person does not suppress the fact of finding of property in its possession. Acceptance of usual measures for ensuring safety of property does not testify to concealment of this property; davnostny possession admits continuous if it did not stop during all term of acquisitive prescription. In case of satisfaction of the claim of the davnostny owner for reclamation of property from others illicit possession earlier temporary loss of possession taking place by it a break of davnostny possession is not considered disputable property. Transfer by the davnostny owner of property to temporary possession of other person does not interrupt davnostny possession. There does not come the break of davnostny possession also in case the new owner of property is the singular or universal assignee of the previous owner (point 3 of article 234 of the Civil Code of the Russian Federation); possession of property as own means possession not under the contract. For this reason article 234 of the Civil Code of the Russian Federation is not subject to application in cases when possession of property is carried out on the basis of contractual obligations (rent, storage, free use, etc.).

If the citizen honestly, openly and continuously owns a house during the term of acquisitive prescription, he has the right to appeal to court for recognition of the property right to a house.

 

Assistant prosecutor of the city of Chelyabinsk

lawyer 2 classes Nigmatullina Albina Damirovna