Some aspects of the acquisition of property rights to ownerless real estate
Issues of acquiring ownership of unowned real estate were and remain relevant today.
According to the lawyers of Nizhny Novgorod, the relevance of the topic under discussion is confirmed not only by the numerical number of questions on the procedure for recognizing an immovable property as ownerless, but also, for example, the lack of understanding of the very concept of an ownerless thing, the lack of streamlined and systematic interaction between bodies that carry out state registration of rights to real estate property and local governments. The analysis of problematic issues related to the registration of ownerless real estate indicates the need for additional discussion of the legislation governing relations in the relevant field.
The registration procedure for ownerless real estate is defined by the Civil Code of Ukraine. So, according to the second part of Article 335 of the Civil Code of Ukraine, ownerless immovables are taken into account by the body that carries out state registration of rights to real estate, at the request of the local government in whose territory they are located. An announcement is made in the print media about the taking of an ownerless immovable.
After one year from the date of registration of the ownerless immovable, it may be transferred at the request of the authority authorized to manage the property of the respective territorial community
a court decision in communal ownership.
An application for transfer of an orphaned immovable into the ownership of a territorial community under the conditions specified by the Code is submitted to the court at the location of this thing by a body authorized to manage the property of the respective territorial community (Article 269 of the Civil Procedure Code of Ukraine).
Thus, the legislation defines special rules for the acquisition of ownership of unowned immovables.
First of all, such things should be registered as ownerless according to the statement of the local government in whose territory they are located, with the obligatory announcement of this in the print media.
The legislator determined precisely such an order in order to establish the owner or other person who has the right to demand the return of such a thing, or to declare his rights to the said thing.
The need to register a thing as ownerless is also due to the fact that only at the end of a clearly defined period – 1 year, it is calculated from the moment such a thing is registered, legal grounds will arise for the owner to recognize the thing as another person.
The case of transferring an ownerless immovable into the ownership of a territorial community is considered by a court with the participation of the applicant, with mandatory notification to all interested parties.
At the suit of the authority competent to manage communal property, the court, provided that the owner or other person is not established, has the right to demand the return of its property or has not claimed its right to immovable property, transfers the ownerless immovable in communal ownership.
At the same time, it should be noted about the mandatory component of the procedure for acquiring ownership of an ownerless immovable – official publication of information on the taking of an immovable for registration by the state registration authority.
The Civil Code of Ukraine does not define the subject who is obliged to inform the society (society) about the registration of real estate as ownerless. However, the opinion that such an entity is the relevant local government is quite justified. After all, it is the local government that is the interested person to acquire ownership of the ownerless immovable, and therefore the need to ensure compliance with this component of the procedure for acquiring ownership (at the level of compliance with the deadline of 1 year) as an official publication of information on taking an ownerless immovable for registration (without observance of which the adoption of the relevant decision by the court is excluded), is its prerogative, since it is intended to protect from the decision of the court niy not in his favor with these grounds.
Considering the problems of acquiring ownership of objects of ownerless real estate, there is a need to define the very concept of an ownerless thing.
From the contents of the first part of Article 335 of the Civil Code of Ukraine (435-15) it follows that only property that does not have an owner or whose owner is unknown can be considered ownerless.
In this context, the concept of “does not have an owner” and “owner unknown” are united by one general category – there is no person who could challenge the ownership of real estate.