ACTUAL ISSUES OF REAL ESTATE INHERITANCE IN THE APP “CONSULTANT”
The “Consultant” mobile application is gaining more and more speed. Every day a lot of questions come from the legal and accounting sectors. Consider the issue of providing legal assistance. The client asked a question, namely: “When my parents died, I inherited and received the building materials from the documents from which the house was built. Mom did not have time to legalize it. But the house is already built. My brother went to the village council, accepted permission to privatize the land and privatized the plot. How to get free access to my house? I do not live there with my family, since his land. »
In accordance with Art. 1216 of the Civil Code of Ukraine inheritance is the transfer of rights and obligations (inheritance) from the testator to other persons – heirs. Inheritance is carried out by will or by law.
According to Art. 1218 of the Civil Code, the inheritance includes all the rights and obligations that belonged to the testator at the time the inheritance was opened and did not cease as a result of his death.
According to part 2, 3 of Art. 331 Civil Code The ownership right of newly created real estate (residential buildings, buildings, structures, etc.) arises from the moment of completion of construction (creation of property). Prior to the completion of construction (creation of property), a person shall be considered the owner of materials, equipment, etc. that were used in the process of this construction (creation of property).
So, from the analysis of Art. 331 of the Civil Code, it seems that a person can be the owner of a construction object if the corresponding object is built in the manner prescribed by law.
If the real estate is built on a land plot not designated for this purpose, or without an appropriate document that gives the right to carry out construction work or a properly approved project, or with significant violations of building codes and rules, such real estate is an object of unauthorized construction . Under general conditions, a person who has carried out or is carrying out unauthorized construction of real estate does not acquire ownership rights to it. And only in certain cases, the right to own unauthorizedly constructed immovable property can be recognized by court order.
The consultants of this mobile application answered this question.
Consultant No.1 replied – Congratulations, well, first of all, it should be noted that 377 of the Civil Code of Ukraine, it is determined that the person who has acquired the right of ownership of a residential building (except for an apartment building), a building or structure, transfers the right of ownership, the right to use the land on which they are located. That is, the land is actually under the house belongs to you! And by the way, the village council did not have the right to allocate land for privatization, since your property is there, and your land is also under the property. If you need help in this matter – call.
Consultant No.2 answered – Good afternoon! If this house is an object of unauthorized construction (built on a land plot not designated for this purpose (for building a building) built without proper permission or a properly approved project; built with significant violations of building codes and rules.) And such an object of unauthorized construction was built on a land plot on which the developer has neither a right of ownership, nor a right to use, then in this case the legalization of self-construction takes place in two stages: judicial (recognition of the right to own facts) and out-of-court (registration of an ava based on a court decision). After receiving a court decision, you need to apply to the local authorities of the registration service, namely the state registrar. The lawsuit of a person who arbitrarily built real estate on a land plot owned by another person to recognize the ownership of this property can be satisfied by the court if it is established that the owner does not object to this and the construction complies with the law.
Consultant No.3 – Good afternoon. If the brother does not make contact, then the only legal way is court. You file a lawsuit with the court, get a decision, go to the performer (it’s better than a private one, it’s a little more expensive, but faster and more efficient), go to the object, if you have resistance, call the police, forcibly go to the object if your brother has the right to live with you ( depending on how the court registers), we recommend that you put video surveillance (this will protect you from possible violence or threats), you live in your house. If you need help, call. Have a nice day.
So, summing up the above, we can conclude that the Mobile Application Consultants provided an exhaustive answer to this question. In general, the inheritance procedure for unauthorized construction is very complex and requires certain legal knowledge and the assistance of an attorney at all stages of inheritance registration.