How to legalize unauthorized construction without land rights?
How to legalize unauthorized construction without land rights?

How to legalize unauthorized construction without land rights?

Everyone can be in a situation when receiving a squatter, the owner doesn't know what to do with it. Moreover, in a situation where land rights are not issued....

As a rule, house - squatter with no rights to land may appear from the owner in several ways.

  • Squatter inherited.
  • Unauthorized construction built by the owner themselves, but the land documents are not issued.
  • Squatter "acquired" from another owner.
  • Each of these situations can have its ways of development of the situation and depending on these paths we have to choose the method of resolving this problem.

    At the same time, each situation is different, it is impossible to foresee and consider all the nuances of legalizing samostroya and decisions will be individual.


    What if the squatter inherited?

    It happens. So it turned out. New Vladicaucasus in this situation due to life circumstances and likely Semenyuta on which the squatter was previously absolutely secondarydomain the previous owner, but "wasn't designed" or as obychnogo such land that it "has not been privatized."

    And because the earth was not furnished, Toi to transfer her inheritance not because it was not, although there is no "on paper".No one except the heir, the land is not intended, as all know, closely used legally.

    Life situation, however, has just one output – the appeal to court with the claim about recognition of land rights in paradisacorbasi.

    Preparation of the claim and materials to nemuselo success and availability of legal support at the appropriate level, the chances napolitaine the court's decision significantly increases. You can of course with this samostoyatelno it serves its purpose.

    Keep in mind that the defendant in Oceanside local rural Parliament, where the property is located and the lawsuit filed the district court.

    In addition, you need to go to court with sisk on the recognition of rights to unauthorized construction in the order of succession. This can sdeleting in one suit and in different ways.

    In court prove that the heir of the heir Aitutaki that the deceased prior to death legally used this property,it is built by him and at his expense.

    Important! If a squatter was built до05.08.In 1992, it is likely it will not need to be operational, slipstream after 1992, after the court's decision will have postprocedure commissioning via GASK.

    Also, after the decision of the court must obratitsya the state certificate on the land and register it in the registration service.

    the conclusion of the contract of superficies (contract rent when the rightful owner authorizes another person to build on your plot).


    Getting right to the land, you can start the registration of the squatter.

    The squatter.

      Legalization samostroya, by and large contosodata to receive the document on its acquisition in the SACC without which zaregistrirovatsya of ownership in the state registry of real estate is problematic.

      How the legalization (uzakanivaniya) a few:

      • in a judicial order. Here you need to understand that the court recognizes the right of ownership of the object, but only on the basis of a court decision to register the house in the state register does not work, will still need to enter the house in operation in Gasquet.
      • to pay all fines in Gasquet and enter the house in operation or on the basis of building passport, or having made complete project documentation.

      Thus, the procedure for entering samostroev operation in any case will have to go.

      Sometimes, by the way, local councils, idealstretch the owners of the illegal constructions in the occupied areas, minimalistically solutions that allow perfectly legal to apply, grajdanam local Council to resolve this problem. As a rule, solutions of Mastiksoul procedure for the treatment of the person concerned in melnykovich, consideration of the application by the special Board and the decision of vozmojnosti land allocation and coordination of project documentation. Tamarasheni, for example, acted in the Odessa city Council till 2011 to Find out eliteboy order and applies it in the local Council, for example, arriving for example to the head (the mayor) or Deputy mayor on the issues of stroitelstvo land issues, or a lawyer the local Council.



      What if squatter "acquired" another owner?

          Back to what was said earlier "Netdocuments – no rights", ie to get the squatter legally impossible, and takarakuji although there is actually, however, outside the "legal field" and pay tatakou "purchase", the new "owner" gets a certain amount of problems further uzakanivanie of the squatter, figuring out "who did it?", etc. However, in General, not significantly different from the previous version.


          The results:
        • most of the constructions can be legalized;
          • most of the constructions need to legalize it, if You don't want to bring the problems to the heirs;
          • there is a squatter in a foreign land that cannot be legalized;
          • there are constructions that you can legislate only through the courts;
          • the cost of legalizing samostroya can be above the cost of the squatter.


        I hope in this article you smalliville some Mature ideas.

        In any case, if you wish to "arm"the legal support in solving the problem, obrashaites us, we will obyazatelnuyu interesting personal decision.

        After all, we are doing it for Svojanov. And what there to dissemble, do very well.




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