What are the conditions for recognizing ownership of an unauthorized...

What are the conditions for recognizing ownership of an unauthorized construction? 1 2

1. The building must have signs of real estate. If there is a dispute as to whether or not the object has signs of immovable property, it is advisable to assign construction expertise. Before the experts can put the following questions: Does the object have a foundation? If it has, how is it connected to the ground? Is it possible to separate the object from the foundation without causing disproportionate damage to the purpose of the object? Is it possible for the object to function as before after moving it?

2. There should be signs of spontaneity (creation on a land plot not allocated for these purposes, creation without obtaining the necessary permits, with a significant violation of town-planning and building codes and regulations). These circumstances are established by calling for a decision on the granting of a land plot, building permit, etc. And it should be borne in mind that the building permit in some cases should also be requested from environmental, environmental and other authorities.

3. The construction does not violate the rights and legally protected interests of other persons. It is important for courts to pay attention that in Art. 222 of the US Civil Code refers not only to the violation of the rights of the owner of the land plot on which the construction is being built, but also the violation of the rights of others. For example, subjects of other proprietary rights, including owners of easement; Persons possessing property by virtue of a legal relationship, including on the basis of a lease agreement, owners of adjacent land plots, etc. The court can draw a conclusion about the absence of violations of rights and legally protected interests of other persons, for example, by interviewing related land users, owners of neighboring buildings, structures and other persons.

4. The construction does not pose a threat to the life and health of citizens. The court's conclusion that there are no threats to life and health should be based on documents (certificates, expert opinions) received from construction, sanitary, fire, environmental and other authorities depending on the purpose of the object. In other words, the plaintiffs in the case of recognizing the ownership of an unauthorized structure will have to collect all the same documents that are necessary for putting the immovable object into operation in the general order (if it is a residential object).

5. The plaintiff is the subject of the right of ownership of the land plot or has it on the right of lifelong inheritable possession, permanent (perpetual) use.

6. The building was made by the plaintiff and (or) on the instructions of the plaintiff, but at his expense. In support of this circumstance, the plaintiff can submit contract contracts, estimates, checks, warrants and other documents.

7. The construction does not have an owner. In order to establish this circumstance, the court may propose to the plaintiff to submit (or request it himself) an extract from the Unified State Register, as well as a certificate of technical inventory management.

8. The building is individually defined. This is necessary for the court to describe which buildings are unauthorized (especially if it is a group of buildings among others, the right to which it is registered) and, respectively, which of them recognized the right property. For this, the plaintiff must submit a technical passport or prepare another technical description of the unauthorized buildings.

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