Ownerless property. Civil Code

Ownerless property The Civil Code considers as a thing that any subject can use, unless it is contested by its legal owner. Let's consider further features of such material values.

Definition

What is ownerless property? Civil Code in Art. 255 contains the definition of such things. They call objects that do not have legal owners. In their capacity are also things, the owners of which are not established / abandoned them. The norms provide for a special procedure for registering ownerless property. It involves the following stages:

1. Reception of documentation necessary for the acceptance of immovable ownerless things.
2. Legal examination.
3. Entry of entries into the Unified State Register of Enterprises.

Application for ownerless property

It is issued:

1. The local authority of rural, urban settlements, districts, MOs in respect of objects within the boundaries of the administrative-territorial units.
2. The executive state structure of Fed cities. Values in respect of real estate located within their boundaries.

The document is filled in according to the approved form. If ownerless real estate is located on the territory of more than one MO, the form is drawn up by any local authority. At the same time, the document specifies the name of another MO, in which the object is also located.

Supporting documents

First of all, the interested person provides papers certifying the recognition of property as ownerless. They include documents that prove that the facility is not included in federal, state and municipal registers. The interested person also provides a paper certifying that the relevant authorities did not register the ownership right. Ownerless property can become so when the rightful owner renounces it. This fact must also be documented. This is provided by documents that certify the ownership of the subject and a written waiver of possession of the object.

Rules for the provision

The application is sent to the authorized body by mail, delivered personally or electronically. Paper documents are provided in two copies, with the exception of cases provided for in regulatory enactments. One of the copies must be the original and after taking on the register or refusing to do so, it is returned to the person concerned. Electronic forms must be signed with a strengthened digital signature.

Specificity of the procedure

The application, as well as the documents attached to it, must be registered in the Incoming Paper. The interested person receives a receipt. The decision to register is accepted no later than 18 days (calendar) from the moment of receipt of documents. After making the necessary entry, the relevant message is sent to the subject who has refused legal possession.

Suspension of procedure

The legislation provides for cases when the registration process is terminated. Such situations include:

1. Establishment of the fact that the object is not ownerless. This is clarified by the content of the submitted documents.
2. When applying, the interested person did not file a statement by the legal owner about the objection or from the existing paper that the entity does not wish to use and dispose of it.
3. The documents provided do not indicate that the person is the owner.
4. In EGRP there is a record of encumbrance / restriction in respect of the object. However, it does not follow from the documents provided that the interested person knew about them.
5. In the period provided for consideration of the appeal, the authorized body received papers on the arrest or prohibition to the owner to make transactions with the object.

Suspension of the procedure is no more than 1 month.

Explanations

The presence in the EGRP of records of the existence of an encumbrance / restriction at the time of sending the application serves as a reason for the suspension of the procedure. The structure authorized to carry out state registration, terminates the process and immediately notifies the territorial authority of this. In the event of receipt during the review of the submitted documentation of information about the arrest or prohibition to the legal owner to conduct transactions with the object, while suspending the procedure, also notifies the authorized structure of the local administration. The body that terminated the process must notify the interested person that the ownerless property is not registered. Thus the subject can give the additional information acting as the basis for continuation of procedure. When sending a notification to the legal owner, it is additionally indicated that the purpose of sending the message is to obtain a written waiver of the object and the ability to dispose of and use it.

Renouncement

Ownerless property can not be registered in cases if:

1. The lawful owner of the object shall provide the authorized body with a document evidencing the acceptance of it again in possession, disposal and use.
2. The owner will send a paper indicating that the actions aimed at giving up the rights to the property were not committed before. The document may also contain information that the subject did not express the will to cease to dispose, use and own the object.
3. Within the prescribed period, the legal owner will not send any written notification or the communication organization will confirm the impossibility of delivery of the notice due to the absence of the recipient at the specified address. At the same time, the local government should also not submit a document from the owner about his refusal of his rights to property.
4. At the end of the period established in the appeal for suspension of the procedure, the entity that sent the petition will not report the elimination of the reasons for this.
5. Not all co-owners refused from the rights to the object.

The body that performs state registration during the consideration of documents takes measures to establish the real state of affairs with the object. If, based on the results of the activities, it is established that the registered object does not act as an ownerless property, then the procedure will be refused in the continuation of the procedure. The authorized body shall, within five days from the date of adoption of the relevant decision, forward a communication to the interested person with an indication of the reasons for which it was rendered.

Withdrawal from registration

Ownerless property is excluded from the register in the following cases:

1. Acceptance of the object is again in possession of a subject who previously refused this.
2. State registration of ownership of property in accordance with the procedure provided for in legislation.
3. The transfer of the object to the person by virtue of acquisitive prescription.
4. State registration of the rights of a person previously unknown, according to which the property was registered.

Additionally

When the object is removed from the register as ownerless due to state registration of municipal or state property rights , according to Article 225 (clauses 3 and 4), it is deemed withdrawn from the moment of entering the relevant information into the EGRP. Legislation provides for a number of guarantees for legitimate owners. In particular, regardless of the date of registration of the object as an ownerless, the owner who refused earlier rights, but whose legal capacity with respect to the property is not terminated legally, may apply to the structure authorized to carry out state registration with a request to return it to him in Possession, disposal and use. This provision is provided for in clause 3 225 of the article. In this case, the object will be deemed to be removed from the register from the moment of entering the corresponding entry in the EGRP.

Recognition of the law

Ownerless property can be used by an entity that is not a legal owner or a financial body (if the thing is seized by an authorized executive structure within its competence). In order to acquire official legal possibilities in relation to a thing, it is necessary to file documents with the court. Among them are papers confirming the recognition of ownerless real estate. It is, in particular, about extracts from the Unified State Register containing an appropriate entry. If the appeal to the court took place before the end of the year from the date of acceptance of the object for registration by the structure that performs the state registration, the subject will be refused acceptance of the claim. Accordingly, the proceedings on the case will be terminated.

Contents of the application to the court

In the application it is necessary to indicate:

1. Object name.
2. Description of the main characteristics.
3. Evidence of the owner's refusal to own the property.
4. Confirmation that the subject has taken possession of the object.

For real estate additionally indicate the date of entering information in the Unified State Register and the authority that carried out this procedure. In addition, evidence is presented that testifies to the absence of a legitimate owner of the facility.

Case Review

Proceedings are conducted with the involvement of all interested parties. In preparation for the meeting, the court ascertains the circle of subjects who can provide information about the ownership of the disputed object, sends inquiries to the relevant organizations. After establishing the fact of the refusal of the legal owner, one of the following decisions is taken:

1. Recognize the property as ownerless and provide it to the interested person who took over.
2. Transfer the object to the municipality or city fed. Values. This decision is made in respect of real estate.

Corresponding entries are entered in the EGRP.

Conclusion

After the state registration of ownership (except for state / municipal), the authorized body sends a feda to the executive structure of the city within five days. Meaning or local government notice. Transactions are carried out in the manner established for the notification of the legal owner of entry of entries on the encumbrance / restriction imposed not on the initiative of the latter. When conducting the state registration of municipal / state property rights to the site, the authorized structure is obliged to send a notification to the subject who refused legal possession. The notice specifies the details of the court decision, according to which the procedure was carried out. The operations are carried out in accordance with the rules provided for notifying the owner of the completed procedure for state registration of the ownership rights of a municipal entity or a subject of the Russian Federation for a land plot or a share of a plot whose legal possession was abandoned by the previous owner.