On the recognition of ownership rights by virtue of the statute of limitations

The list of the main documents attached to the statement of claim

In accordance with the requirements of Article 149 of the CPC, including documents confirming the circumstances on which the plaintiff bases his claims, which may include:

- title documents, extract from the legal cadastre in relation to real estate;

- technical data sheet;

- certificate of registered rights (encumbrances) on immovable property and its technical characteristics;

- documents on payment of taxes, utilities and other payments;

- acts on the technical condition of the property at the time of acquisition;

- housing assessment report;

- evidence of the transfer of property to the plaintiff;

- documents confirming the cost of housing maintenance (expenses for housing repairs, both capital and current);

- other evidence confirming the duration and good faith of the possession, including a reference to the testimony of witnesses

Comment

Jurisdiction. A claim for recognition of ownership of property, with the exception of immovable property, is filed at the location of the defendant. The rule of exclusive jurisdiction applies to real estate. Claims for rights to land plots, buildings, structures, and other objects that are firmly connected to the land (real estate) are filed at the location of these objects.

Depending on the parties to the civil case, claims are considered by district (city) courts if one of the parties is a citizen. If the parties to the case are individuals engaged in individual business activities without forming a legal entity and legal entities, the claim is subject to the jurisdiction of specialized economic courts.

Definition of the legal relations of the parties and the law to be followed.

According to paragraph 1 of Article 240 of the Civil Code, a citizen or a legal entity that does not own property, but in good faith, openly and continuously owns real estate as its own for seven years, or other property for at least five years, acquires ownership of this property (statute of limitations).

Good faith ownership means that a person became the owner of the property lawfully, i.e. it turned out to be his as a result of events and actions that are directly recognized by law, other legal acts, or do not contradict them, but have not received legal registration.

Openness of ownership means that a person does not take any measures aimed at concealing the fact of home ownership, bears the burden of maintaining the home, pays for utilities, etc.

Continuity of ownership means that the dwelling has been in the possession of this person for seven (five) years, without transferring ownership to third parties.

Persons involved in the case.

The plaintiff is the long–standing owner, the defendant is the former owner, and in cases where the former owner of the immovable property was not and should not have been known to the long–standing owner, the local executive body or the body authorized to manage communal property.

Facts to be established and proved. Evidence and proof.

When considering a case, the court must establish the circumstances allowing for the individualization of property in civil circulation.:

in relation to real estate – data from the legal cadastre, title deeds and other documents;

in relation to vehicles – technical data sheet;

in relation to other movable property – documents defining the individual characteristics of the property.

Next, the court must clarify the grounds for prescription possession. These grounds should not contradict the law and meet the criteria of good faith, openness and continuity. The period of ownership should be calculated from the moment of taking possession of the property.

To resolve the case, it is important to establish the reasons why the property was abandoned by the former owner, which expresses the actions of the plaintiff to preserve the property as an object of civil turnover.

In case of satisfaction of the claim for recognition of ownership rights by virtue of the statute of limitations, the judicial act is the basis for registration of ownership rights with the registering authority.

Laws to be applied when considering and resolving a case

The Constitution.

GK.

GPC.

Laws:

- "On the administrative-territorial structure of the Republic of Kazakhstan";

- "On administrative procedures";

- "On local government and self-government in the Republic of Kazakhstan".

Regulatory decisions The Supreme Court:

- No. 3 dated April 20, 2006 "On the practice of Judicial Review of Disputes on the right to housing abandoned by the owner";

- dated December 24, 2010, No. 20 "On certain issues of application by Courts of the Norms of Chapter 27 of the Civil Procedure Code of the Republic of Kazakhstan";

- Dated July 18, 1997, No. 9 "On the practice of applying legislation on the privatization of residential premises by citizens."

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