Ownership, Claims About Leaving

I think that when considering claims for the demolition of unauthorized buildings, it is advisable for the courts to consider the following. The claim for the demolition of unauthorized construction is inherently a requirement in which the plaintiff requests the court to vacate the land that it is the rightful owner of, from the illegal possession of the defendant's land plot, Who unauthorizedly placed / erected on the land plot real estate in the form of building materials, built in the form of an immovable object - a building, structure, structure. At the same time, the structures include roads on the land, pavement tiles, concrete, etc., fencing of the land. Considering the claim for the demolition of unauthorized construction, the court finds out whether the building is unauthorized, proceeding from the characteristics set forth in Article 222 Of the Civil Code of the Russian Federation. In particular, the court always determines whether the erected object is immovable property, whether the necessary permits have been received for the construction of the facility and whether the city- building and construction norms and rules were observed , and whether the newly constructed object creates a threat to the life and health of citizens. It is quite obvious that Sign - the threat to life and health of citizens, revealed in the resolution of the dispute, serves only as a basis for recognizing the construction of unauthorized and is not a condition for the non - application of the statute of limitations on the demolition claim Unauthorized construction. Therefore, the courts use the provision set out in paragraph 22 of the Resolution of the Plenum of the Supreme Court of Russia No. 10 and the Plenum of the Supreme Arbitration Court of Russia No. 22 of April 29, 2010, that the demand for the demolition of unauthorized construction, endangering the life and health of citizens , The limitation of actions does not apply, is, in my opinion, erroneous. The court having ascertained that the building is unauthorized, determines in what way the right of the plaintiff - the owner of the land plot - is protected. If the court, at the beginning of the proceedings, determines that the plaintiff is not The owner of the land plot on which the disputed building is located, then, as I think, he should refuse the claim, not establishing in the court session whether the disputed building is unauthorized. If the defendant violated the right to own a land plot - the land plot is completely fenced or completely Or almost completely covered by unauthorized erected buildings, structures, structures, then in support of the claim for demolition of unauthorized construction must be specified art. 301 of the Civil Code of the Russian Federation, giving the owner (legal owner, Article 305 of the Civil Code of the Russian Federation) the right to claim his property, in the form of a land plot, from someone else's illegal possession. In this case, courts, in my opinion, should be borne in mind that the claim of the owner (the legal owner) to reclaim his property from someone else's illegal possession extends to a three-year statute of limitations. At the same time, the violation of the ownership of the land plot should be recognized by the court, at least part of the land plot is left free by the respondent, but not sufficient for its use, according to the permitted use of the land plot. If the defendant does not violate the right to own the land plot - the plot is occupied by a partially unauthorized construction (buildings, In the form of buildings, structures, structures), in order to substantiate the claim for demolition of unauthorized construction, art. 304 of the Civil Code of the Russian Federation, which gives the owner (the rightful owner) the right to demand the elimination of any violations of his right, even if these violations were not connected with the deprivation of possession. The statute of limitations does not apply to the claim arising from Art. 304 of the Civil Code of the Russian Federation (Article 208 of the Civil Code of the Russian Federation). In addition, the court, I believe, will deny a lawsuit for the demolition of unauthorized construction, presented by a prosecutor or an authorized body, declared in the public interest, since the land on which the unauthorized construction is erected , Always has a specific owner, from among the types of entities provided for by the current legislation. Courts, of course, are obliged to take into account the fact that when filing a lawsuit for the demolition of unauthorized construction, the prosecutor should always indicate the specific person - the owner of the land plot, in whose interests he is suing. The authorized body, in particular an authorized state or municipal body, makes a claim for the demolition of unauthorized construction, provided that it is the legal owner of the land plot on which the unauthorized construction is erected. Finally, the courts, it seems to me, should refuse to the landlord, the landlord In the claim for the demolition of an unauthorized construction erected on a leased land plot, taking into account the provisions of articles 301 or 304 of the Civil Code of the Russian Federation, if the said construction in Is located on a leased land plot, because, according to the current legislation, the landlord-owner of the land plot can not be the owner of the land plot leased. And now it's all done. The key to the proper consideration of the dispute over the demolition of unauthorized construction is the correct establishment by the court of the owner of the land plot.