How to draw up a claim for recognition of ownership right

One can say with certainty that in our time there is a rapid development of document circulation for the establishment of property rights. At the same time, the process of drafting documents has many nuances, and it will be difficult to understand them to an inexperienced owner of real estate.

It is in a difficult situation that it will be necessary to prepare a claim for recognition of the property right, since there is simply no other way out. The market of any kind of real estate has a fairly wide range of its participants. All of them are connected with inevitability of collision of the most various property interests. This fact determines the need for professional use of existing civil law methods that can be used to protect the right of their property.

The correct statement of claim about the recognition of the property right must be written in accordance with the established norms of the law. This is prescribed by the legislator and is specified in Article 12 of the Civil Code of the Russian Federation. It should be noted that even in Soviet times, when the bulk of the property belonged to the state, civil law nevertheless singled out a claim for recognition of the right of ownership as an independent way of protecting the rights of the owner of the premises.

Today, a completely new system of registration of residential and non-residential objects of property law is applied, which was completely absent in Soviet times. The state gave a lot of time to citizens to bring their property documents in compliance with the legislation. However, due to some circumstances, many citizens did not apply to the competent authorities and did not carry out the necessary work.

If there is a need to recognize the property rights in court, the plaintiff in such a case should be directly the owner of the real estate. The plaintiff, who submits the claim for recognition of the property right, must prove on what grounds he is applying for this or that property. As experts say, the peculiarity of such a statement of claim is that the owner requires the court to establish the fact that the property belongs to him by right.

To obtain a recognition of the property right, the statement of claim must be written correctly. The statement itself must begin with a cap in which the name of the court and its address are prescribed. Then the plaintiff must indicate all the information he has about the defendant, as well as third parties. Next is the text itself, in which the applicant should describe his position as fully as possible, as well as all details and facts on which further proceedings will be built.

A statement of claim for the recognition of property rights should be prepared in an amount that is sufficient for each participant in the case. It should also be remembered that in the event that the application is not executed in accordance with established norms, it may not be accepted and sent for revision to the plaintiff.