Acquisition of real estate property by way of usucapion.
The company “Albatross” was approached by a citizen who for many years with her family used a residential house and a household plot in the village of Rumyantsevo, Moscow Region. The house with the plot was left to her by her father. However, until the moment of his death, the father did not have the proper title and legal documents. The plot was given to him by the Sukharevsky village council and the Menzhinets state farm back in 1977, as he was an employee of a defense industry enterprise.
The continuation of using the plot without proper registration of property and land relations in such a situation created the risk of being brought to administrative responsibility under Art. 7.1 of the Code of Administrative Offenses of the Russian Federation, which provides for the imposition of a fine on citizens in the amount of up to 1.5% of the value of the land plot, as well as a claim for the vacating of the land plot.
Unqualified actions of a lawyer and incorrect remedies in such a situation could lead to a dismissal of claims, which would only contribute to the earlier termination of the actual opportunity to use a residential building and a land plot. The situation was further complicated by the fact that the father did not leave any other property to our client, and the acceptance of the inheritance was not formalized.
Acting in the interests of our client, the lawyers of the Albatross company filed a lawsuit to recognize the ownership of the residential building based on the acquisitive prescription (usucapion), to which the term of possession of the house by the testator was attached according to the Russian civil code, recognition of the legally significant fact of the actual acceptance of the inheritance. The claim was upheld by the court of first instance.
Subsequently, documents were prepared and submitted to the authorized body for the provision of a land plot for rent without bidding as the owner of the building located on it according to clause 9, Part 2 of Article 39.6, Article 39.20 of the RF CC (the provision of a land plot for ownership was not allowed, since the plot was located within the boundaries of the water protection zone). The relevant lease agreement was concluded in accordance with the procedure established by law.