A claim for recognition of ownership of an unauthorized building
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To the Zhitikarinsky district Court of Kostanay region
Plaintiff: A.J.A., born on 12/21/1963, IIN. address: g. Gitikara, .mkr., d., sq. 1 sot...
plaintiff's representative: lawyer Sabit Davletovich Nigmetov IIN 820125350700
address: g. Gitikara, 4-21-24 cell. tel. 87752667988
Defendant: Akim of the Zhitikarinsky district of the city of Zhitikar, 6-65
phone 2-00-01
The price of the claim: 274,000 tenge
The claim
recognition of ownership of an unauthorized building
In 1975, my father A.A.I. was granted the right to build an individual garage in the city of Gitikar, near the house located at the address: Gitikar, .. microdistrict, house.. In the same year, my father, together with two other neighbors, built 3 garages, while my father's garage was built between two garages, it has common walls with two other garages. Due to his legal illiteracy, my father did not register ownership of the garage in a timely manner, and then lost the documents for the garage construction permit. Later, in 2014, my mother gave me an apartment building with outbuildings that she owned, as well as a garage. Since 1975, first my father, my mother, and then I have been using this garage. When registering ownership of the apartment building in 2013 and subsequent property legalizations, ownership of the garage was not formalized due to my parents' legal illiteracy. Currently, when applying to the State Institution "Department of Construction, Architecture and Urban Planning of the Akimat of the Zhitikarinsky district", I was refused to put the garage into operation, and it was recommended to go to court. I am currently unable to register ownership of the garage in any other way.
In accordance with art. 244 of the Civil Code of the Republic of Kazakhstan: «1. Unauthorized construction is an apartment building, other structure, structure or other immovable property created on land not formed into land plots owned by the state, on a land plot that does not belong to the person who carried out the construction, as well as created without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan and other legislation of the Republic of Kazakhstan.
The right of ownership to an unauthorized building may be recognized by a court for the person who carried out the construction on a land plot that does not belong to him, provided that this plot is provided to this person in accordance with the established procedure for the placement of the erected building. The right of ownership to an unauthorized building cannot be recognized for these persons if the preservation of the building would entail violations of the rights and legally protected interests of others or would endanger the life and health of citizens."
I am the legal successor of my parents, who previously owned the garage, so I am applying to the court for recognition of ownership. According to the conclusion issued by M-Arch LLP, further operation of the garage does not impair architectural, aesthetic, fire, explosion and sanitary qualities, does not have a harmful effect on the environment during operation, does not reduce the estimated strength of existing structures, does not threaten human life and health. Further operation of the garage is possible. I would also like to draw the court's attention to the fact that the garage has common walls with two other garages, so it serves not only my interests, but also the interests of third parties, i.e. the public good. The above is confirmed by: a certificate of registered rights to real estate, a copy of the donation agreement, a technical report from M-Arch LLP, a photograph of the garage, an analytical report, responses from the Zhitikarinsky Regional State Archive, a letter from the Department of Construction, Architecture and Urban Planning of the Akimat of the Zhitikarinsky district, documents for a neighboring garage belonging to L. Nugmanov.Sh., located at: g. Gitikara, ..., garage No. 3. My arguments can also be confirmed by witness N.E.L., who lives at the address: g. Zhitikara, mkr., d., cell. tel. 870.., whom I ask to be questioned at the court session. Based on the above, I ask you to: – Recognize ownership of an unauthorized immovable property – a garage with an area of 27.56 square meters, located near an apartment building located at the address: city of Zhitikara, .. microdistrict, house .., apartment 1 of the Zhitikarinsky district of the Kostanay region for A.Zh.A.. Appendix: a copy of the identity card, a copy of the receipt for payment of the state fee, a certificate of real estate, a letter from the architecture department, a copy of the technical report, a copy of the analytical report, copies of the archive responses, a photo of the garage, a copy of the donation agreement, a copy of the N.L.S. documents, a power of attorney for the representative, a copy of the lawyer's notice, a copy of the lawyer's certificate
08/16/2022 A.Zh.A. representative S.D. Nigmetov
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Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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