Recognition of ownership of an object in court
The Zhitikarinsky district court of the Kostanay region, consisting of: the presiding judge Akhmedova A.K., with the secretary of the court session Kulbatyrova I.B., considered in open court using audio and video recording of the court session a civil case on the claim of: Ts.A.I. to the Defendant Akim of the Zhitikarinsky district, on recognition of ownership of unauthorized buildings. The plaintiff appealed to the court with a claim to the Akim of the Zhitikarinsky district for recognition of ownership of a barn, hayloft, garage, bathhouse, arguing that he owns a plot of land with already built facilities. When drawing up a new technical passport, it was found that they were not registered. The facilities are in satisfactory condition and are suitable for operation, which is confirmed by the technical conclusion. Requests to recognize the ownership of the objects. The plaintiff requests to satisfy the claims. From the representative of the defendant, Akim of the Zhitikarinsky district, by proxy, A.F. received a statement on the consideration of the case in their absence, does not object to the satisfaction of the plaintiff's claims. When making a decision, the court is guided by the norms of Articles 236,244 of the Civil Code of the Republic of Kazakhstan. At the hearing, it was established that the plaintiff for the sale and purchase agreement on 24.10.1997 owned a land plot at the address village of Podgodnoe, Molodezhnaya Street, 2-2, on which the facilities are located. By virtue of Article 236 of the Civil Code of the Republic of Kazakhstan, ownership of newly created immovable property arises from the moment of state registration. If legislative acts or a contract provide for the acceptance of completed facilities, then the creation of the relevant property is considered completed from the moment of such acceptance. Until the moment of state registration of the right to newly created immovable property, the rules on ownership of materials and other property from which the immovable property is created apply to the property. 118 of the Civil Code of the Republic of Kazakhstan, the emergence, modification and termination of rights to immovable property are subject to state registration. The facilities were built in 1990,1996, and there are no relevant permits.
Recognition of ownership of an object in court
In accordance with art. 244 of the Civil Code of the Republic of Kazakhstan, this is an unauthorized construction. Paragraph 3 of Article 244 of the Civil Code of the Republic of Kazakhstan provides for the possibility of ownership of an unauthorized building, if this does not violate the legitimate interests of others and does not endanger the life and health of citizens. According to the conclusion of M-Arch LLP, maintenance specialist Makarov E.N. the technical condition of building structures is assessed as operable. Based on the analysis of the survey results, it was found that further operation does not impair architectural, aesthetic, fire, explosion and sanitary qualities, does not have a harmful effect on the environment during operation, and does not reduce the design strength of existing structures. It does not threaten human life and health. In the circumstances described, the claim for recognition of ownership of unauthorized buildings is subject to satisfaction. In accordance with Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the court awards the party in whose favor the decision was made, on the other hand, all court costs incurred in the case, even if this party was exempt from paying court costs. However, the plaintiff is not asking to recover court costs from the defendant in his favor. Guided by Articles 223-226 of the CPC, the court DECIDED: To satisfy the claims of Ts.A.I. to the Akim of the Zhitikarinsky district for recognition of ownership of unauthorized buildings. Recognize for Ts.A.I. 12/04/1950, year of birth, ownership of the property: barn (letter G) built in 1990, with an area of 16.4 sq.m.; hayloft (letter G1) built in 1990, with an area of 28.1 sq.m.; garage (letter G2) built in 1996, with an area of 26.2 sq.m.; bathhouse (letter G3) built in 1996, with an area of 16.9 sq . m. located on a plot of land at the address: Prigorodnoye village, Molodezhnaya street, house no., apartment no..
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