Statement of claim for recognition of ownership rights
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To the Alatau District Court of Almaty, _______________________________
The plaintiff: ________________________
IIN ________________________ identification card
№ ________________________
issued on __.08.20__ of the year by the Ministry of Internal Affairs of
the Republic of Kazakhstan, Almaty, ________________________
Phone: 8 ________________________
87078634036
Plaintiff's representative: NGO "________________________" city of Almaty,
registration number ________________________
________________________AGF JSC"________________________"
Phone: 8 ________________________
Defendant: Akimat of ________________________
STATEMENT OF CLAIM
on the recognition of ownership of unauthorized buildings
Paragraph 3 of Article 244 of the Civil Code stipulates that the right of ownership to an unauthorized building may be recognized by a court for a person in whose lawful use the land plot where the construction was carried out is located. The right of ownership to an unauthorized building cannot be recognized for these persons if the preservation of the building would entail a violation of the rights and legally protected interests of others or would endanger the life and health of citizens. In accordance with paragraph 11 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of dispute resolution related to the protection of ownership of housing", a claim for recognition of ownership of an unauthorized dwelling is filed with a local executive body and is considered by the court in the order of claim proceedings. Satisfaction of such a claim is possible provided that the preservation of the building does not violate the legitimate interests of others or endanger the life and health of citizens.
These conditions must be confirmed by the authorities authorized to carry out state acceptance of completed construction projects. According to the resolution of the Akimat of Almaty dated __ February 20__ №_________ on granting the right of temporary paid short-term land use on lease terms _________________ for a period of 2 (two) years on the land plot with a total area of 0.0422 hectares within the boundaries of the land use plan for the operation and maintenance of an individual residential building located at: Alatau district, _______________________. Statement of claim for recognition of ownership rights Based on the above-mentioned resolution, an act was issued for the right of temporary paid short-term land use on lease terms for a land plot. №______________ with a cadastral number __________________ from __.04.20___ of the year. According to the land lease agreement no.____ dated __ March 20__, the lease period is until __ February 20__. In accordance with the lease agreement ________________ pays the payment for the use of the land plot in a timely manner, as evidenced by the payment receipts. For the purpose of developing a land plot for its intended purpose ___________________ I built a one-story apartment building on a piece of real estate.
During construction ________________ She did not receive the necessary permits, relying on the previous commissioning procedures. The erected object of real estate has signs of unauthorized construction, since construction was carried out on the land plot without permits. An unauthorized building does not violate the rights and interests of others, complies with the requirements of construction and urban planning regulations, and the preservation of unauthorized buildings does not pose a threat to the life and health of citizens. According to the conclusion dated __.09.20__ on the technical condition of the building structures of an individual residential building located at: city of Almaty, _________________________, issued by an LLP "________________________", The characteristic is defined the technical condition of the facility meets the requirements of the SNiP RK ________________________ "________________________". According to the fragment of the topographic plan issued by the LLP "_____________", There are no engineering networks that can interfere with the use of the house on the land plot.
With amendments and additions to the Law "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" from January __, 20__, objects are put into operation by customers, construction together with contractors, technical and author supervision without the participation of government agencies (if the customer and the contractor are one person, then the customer (developer) independently prepares an acceptance certificate with the participation of copyright and technical supervision), which is confirmed by a letter from the KSU "Department of Architecture and Urban Planning of Almaty". Thus, in any other way, except by applying to the court, the citizen ________________________ deprived of the opportunity to recognize ownership of an unauthorized building.
Statement of claim for recognition of ownership rights
Part 5, p. 6 of the CPC stipulates that if the law or the agreement of the parties to the dispute provides for the resolution of relevant issues by the court, the court may resolve these issues based on the criteria of fairness and reasonableness.
Based on the above and in accordance with Articles 223-226 of the CPC RK,
I ASK THE COURT:
Statement of claim for recognition for ________________________ the right of ownership to an unauthorized building must be satisfied.
Recognize for ________________________ ownership of an unauthorized building: an individual residential building with a total area of 84.0 sq.m., a living area of 65.7 sq.m.; located on a plot of land with an area of 0.0422 ha, cadastral number ________________________ located at: Almaty, ________________________;
Chairman of the NGO "________________________" ________________________ 1.
A copy of the certificate of state registration of the NGO "________________________"
2. Copy of the Charter of the NGO "________________________" 3. A copy of the identity card ________________________ 4. A copy of the resolution on granting the right of temporary paid long-term land use to the land plot ________________ in Alatau district 5. A copy of the lease deed 6. A copy of the lease agreement 7. A copy of the owner's information 8. A copy of the technical passport 9. A copy of the topographic shooting 10. A copy of the technical condition report 11. A copy of the rental receipt 12. A copy of the neighbors' consent with the actual boundaries of the residential area 13. The original report on the assessment of the market value of real estate 14. The original receipt of payment of the state fee 15. A copy of the power of attorney for the representative
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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