Acquisitive prescription for land is not a simple question. I would like to note that registration of rights to a land plot in court on the basis of acquisitive prescription is a rather complex process, which is not recommended to begin without consulting with our land lawyer.

Grounds for applying acquisitive prescription

There are cases when, for various reasons, people own land without having documentary evidence to prove it. The existing legal acts in the country stipulate that the use of land for its intended purpose for 15 years provides a legal opportunity to formalize its transfer to personal ownership. Although there are various nuances and restrictions in such a transaction.

For example, acquisitive prescription for a land plot does not apply to the territory where government bodies have established prohibitions in accordance with the law. The presence of a legal owner of the land also does not make it possible to exercise the rights of acquisitive prescription.

When transferring land, various legal transactions that were carried out without proper documentation are usually taken into account. Citizens who have irretrievably lost their title documents can count on a successful resolution of the issue. To do this, a statement of claim is drawn up using a special form for recognition of ownership of a land plot by acquisitive prescription. Experienced lawyers will help you draft such a document correctly. The cost of the service is estimated at affordable rates, so it is accessible to anyone.

Thus, among the grounds significant for the application of acquisitive prescription, the main ones are:

• Land ownership period is at least 15 years;
• The continuity of this possession;
• The fact of ownership by a person who was not the owner. Moreover, the fact of ownership as one’s own;
• Open ownership;
• Land ownership was carried out in good faith.

Video on the topic

Based on Art. 234 of the Civil Code of the Russian Federation, a person who is not the owner of the property, but who in good faith, openly and continuously owns it as his own real estate for fifteen years, acquires the right of ownership of this property.

According to the explanations of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other real rights,” ownership by virtue of acquisitive prescription can be recognized only if the following conditions are met in combination:

1. Possession must be in good faith.

This requirement means that the owner, having received the land plot, did not know and could not know about the absence of a basis for the emergence of his ownership right. As a rule, bona fide purchasers of land meet this condition.

According to paragraph 16 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010, ownership rights by virtue of acquisitive prescription can be acquired for ownerless property. However, in the case of an ownerless land plot, the owner cannot but know about the absence of grounds for owning the land plot. In addition, according to Art. 214 of the Civil Code of the Russian Federation, land plots that are not owned by citizens or legal entities (and ownerless ones are classified as such) are state property. In this regard, in practice, the provisions on acquisitive prescription are not applied to such relations in practice.

2. Possession must be open, that is, a person cannot hide the fact that the property is in his possession.

3. Possession must be continuous. In other words, ownership cannot be terminated during the entire period of acquisitive prescription.

There are some exceptions to this rule. Thus, his temporary loss of possession of the disputed property (temporary departure on a business trip, hospital, etc.) is not considered a break in possession by prescription. The transfer of property by a long-term owner into temporary possession of another person also does not interrupt the long-term possession.

If the person who asks to recognize the right by prescription is someone’s legal successor in his possession, then the period of prescription of the applicant’s possession begins to be calculated from the beginning of the legal predecessor’s possession of the disputed land plot.

The actual absence of the owner from the land plot also does not mean that the period of ownership is interrupted. So, for example, if a plot of land and the buildings on it are intended for seasonal use (for example, a summer house), then the fact of ownership is confirmed by its constant maintenance in proper form, payment of taxes, and payments for utilities.

4. Ownership of property “as if it were your own . This condition means that ownership cannot be based on any contractual obligations (rent, storage, etc.). At the same time, as the Supreme Court of the Russian Federation indicated in Ruling No. 41-KG15-16 dated July 28, 2015, possession by prescription may begin after the expiration of the period of possession of property under an agreement that does not imply the transfer of the owner’s title, if the thing is not returned to the owner and is not claimed by him, but not earlier than the expiration of the limitation period for the relevant claims.

By way of acquisitive prescription, ownership of land plots from state and municipal property cannot be obtained (Appeal ruling of the Moscow Regional Court dated August 24, 2016 in case No. 33-23347/2016). This rule of law is applicable only in cases where the property does not have an owner, the owner of the property is unknown, the owner has renounced his rights to the property, or has lost interest in using the property.

The claims of this category of cases, depending on the situation, can be formulated as follows:

1) application for recognition of ownership rights due to acquisitive prescription - if the previous owner is known to the applicant;

2) a statement to establish the fact of bona fide, open and continuous possession of the property as one’s own during the period of acquisitive limitation - if the previous owner is not known.

Thus, based on the provisions of the current legislation, as well as established judicial practice, in order to satisfy a claim for recognition of ownership of a land plot on the basis of acquisitive prescription, the period of ownership must be more than fifteen years, the applicant’s possession must be bona fide, open, continuous, as his own own. In the absence of unconditional evidence of fulfillment of the above requirements, the claim will be denied.

Statement of claim for recognition of ownership of a land plot by acquisitive prescription

Among the features of legal proceedings for registration of land ownership rights on the basis of acquisitive prescription, it is worth noting that legal proceedings are carried out by the court at the location of the disputed property - the principle of exclusive jurisdiction applies, which works almost always when land disputes are resolved - this is a principle reflected in the procedural legislation

I would also like to draw attention to the fact that other issues can be resolved within the framework of the court of acquisitive prescription - for example, coordination of plot boundaries between neighbors, because in order to formalize ownership rights, it is necessary that there is no dispute with other persons regarding the boundaries of the land.

A positive court decision gives the right to further prepare documentation confirming ownership of the land plot. To do this, the applicant needs to start drawing up a cadastral plan and a passport. Certain prices are set for such services. It is important to know that acquisitive prescription does not apply to municipal land. You can only claim the registration of documents relating to private ownership of certain land plots. An important condition is the continuous possession of the disputed territory for a specified period, as well as compliance with its use in the established target direction.

ATTENTION: A lawyer on land disputes in court with neighbors and third parties gives advice in the video. Subscribe to our YouTube channel and legal advice on land issues in the comments of the video will be free for you.

Documents for registration of rights

To obtain a registration certificate for a plot of land acquired by virtue of the legal institution of acquisitive prescription based on a court order, the following documentation is required:

• a document confirming payment by the applicant of the registration fee in favor of the state;
• a judge’s decision that has the force of title documentation for a plot of land;
• the applicant's identity card;
• cadastral passport and other technical documents for the plot of land being registered.

The issuance of a registration certificate to the owner of the land who has taken ownership on the basis of the relevant judicial act does not prevent such registration of rights from being subsequently challenged through the court by third parties who consider themselves to be the legal owners of this plot of land.

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Lawyer for land due to prescription in Yekaterinburg

Land is a fairly common subject for concluding various legal transactions. The transfer of objects to citizens as personal property or for rent is accompanied by the preparation of documents specified by legislative acts.

There are many different nuances in the field of land law, ignorance of which often leads to problems and litigation. Users of plots often have to deal with the concept of acquisitive prescription for land. Many people are not at all familiar with the possible consequences of such an action. Therefore, make an appointment with our lawyer for land matters to understand the prospects of your case!!!

In addition to assisting principals in registering property rights by acquisitive prescription, our lawyers at the Law Office “Katsailidi and Partners” are also ready to provide services for establishing the boundaries of a land plot - at the first stage, an application for establishing the boundaries of a land plot is prepared, which will help you resolve a dispute about boundaries.

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Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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Acquisitive prescription for a land plot is a method of obtaining the right to land when a citizen first uses the land for a long time, and then can register it as ownership.

In order to obtain a plot, you need to do the following:

• receive land from the state or municipality on the right of use;
• continuously own the land plot for 15 years;
• to use as your own in all respects;
• use it clearly for everyone;
• pay your fees conscientiously and take care of them as if they were your own.

If all these signs are present, then the owner has the right to protect his site from third parties. The fact that he uses the land is first an advantage for acquiring ownership of it, and then a right. This does not apply to cases where third parties are owners or have other grounds.

According to the law, the 15-year period of ownership of real estate includes the time of both the person who received the right of ownership from the state and his successor. For example, in the Soviet era, all land belonged to the state, and citizens were allocated plots for lifelong use with the right of inheritance.

If the citizen who received the allotment owned it for 10 years, and then his heir owned it for 5 years, then the result is 15 years. This is exactly the period required for the method of acquiring real estate ownership.

Registration procedure

Recognition of property rights occurs through the judicial authorities, since citizens do not have documents that are the basis for registering this right. By law, the owner has the right to go to court. After a decision is made in relation to the case and comes into force, the owner will have grounds for state registration.

In order to register ownership, the plot must be registered in the cadastral register. Without this procedure, you will be denied registration of ownership, since identification of the site is impossible.

According to Law No. 221 “On the State Real Estate Cadastre”, activities related to the preparation of the necessary documentation are carried out in our country by cadastral engineers.

Since 2021, all issues related to cadastral activities have been taken into account in the Federal Law of the Russian Federation No. 218 “On State Registration of Real Estate”.

After the land surveying procedure carried out by a cadastral engineer, the plot is placed on the cadastral register. It is assigned a number. Cadastral documents also indicate the address and area of ​​the plot, its category, and permitted use. All information about real estate objects is stored in Rosreestr.

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Documents can be submitted to:

• Rosreestr branch at the location of your site;
• Rosreestr website;
• MFC (multifunctional center);
• State Services portal;
• send your application by mail.

Among the listed methods, the last one is less common. They resort to it in special cases when it is not possible to use others. Nowadays, more and more people are using online applications when submitting documents to government agencies.

Rosreestr is no exception. You can fill out an application electronically both on the Rosreestr website and on the State Services portal. This will not take much time, and you can submit an application at any time of the day.

To enter the data, you will need all documents for registration of rights. Payment can also be made in any convenient way: by card, through an electronic wallet and terminal.

After 7 working days, you can pick up the finished extract, having previously presented the original documents. Those who do not like to stand in queues and work schedules do not allow visiting Rosreestr turn to the MFC.

The entire procedure, amount and method of payment at the MFC and Rosreestr are identical. Only the period for reviewing documents through the center increases by 2 days.

Package of documents

After the court decision comes into force, you need to contact Rosreestr for legal registration of property rights.

In addition to the application, you must have the following documentation:

• applicant's passport;
• the court's decision;
• cadastral passport for the plot;
• receipt of payment of state duty (for individuals - 2000 rubles).

As already mentioned, the plot must be registered in the cadastral register, otherwise registration will be denied. According to the law, ownership can only be registered for a certain plot. Clarification of the boundaries of the land plot and the entire land surveying procedure is carried out by a cadastral engineer.

Until the court makes a positive decision, it is better not to apply for land surveying. This is a fairly expensive procedure. After the decision, you need to write an application to the company of cadastral engineers, and within a month you will receive all cadastral documents, including plans.

The period for reviewing documents and registering rights is seven working days. After this, you will be given a document or will be refused. The refusal must be justified and documented in writing.

If you submitted documents through the MFC, the decision will be made within 9 working days.

From the summer of 2021, according to amendments to the legislation, instead of a Certificate of Ownership, an extract from the Unified State Register of Real Estate is issued. Currently, the certificate and extract are equivalent in their legal force. Therefore, those who have retained the certificate do not need to exchange it for other documents.