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On Sakhalin, authorities refuse to repair the house without taking into account

Special project Financial literacy

A resident of the village of Nysh on Sakhalin cannot receive assistance from the local authorities in repairing the roof of her house. Due to the fact that it does not appear in any documents and registers, the dilapidated structure, overgrown with moss and grass, has not been repaired for almost half a century.

Because of the holes in the roof in the house, wiring often burns out, a pensioner has to repair it at her own expense. She appealed to the district authorities for help many times, but they cannot help there and advise a woman to pay under a social contract of employment. The pensioner basically does not want to do this, because she does not understand to whom and for what she should give money.

As the expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains, several situations could lead to such consequences, for example, a pensioner could occupy a house that the previous owners had never registered. According to the Civil Code, ownerless buildings are registered by the body that registers the right to real estate, at the request of the local government in whose territory it is located. In a year from the date of setting up such real estate, the authorities may, through a court, recognize the municipal property rights to this property.

“It is possible that the administration of the village of Nysh will do so. Although it is clear that at the time the house is included in the municipal, at least a year will pass. An ownerless house can be acquired by virtue of acquisitive prescription if the tenant conscientiously, openly and continuously owns it as his own for 15 years. But this can only be done through court. The likelihood that a pensioner herself will be engaged in such a procedure is low, ”said Lolla Kirillova.

Also, registries might not be at home due to the fact that the tenant or his relatives in the distant years of the District Executive Committee, the local Council or a similar body for the maintenance of subsidiary, suburban and similar households were provided with a plot or house with a plot until 2001, however, all these years nobody applied for registration.

“Then this citizen or his heirs have the right to register their ownership of the house and the land, unless in accordance with federal law such a land cannot be granted in private ownership,” the expert notes.

The grounds for recognizing the right of ownership in a simplified manner may be recognized as an act on granting a land plot to a citizen, a certificate of the citizen’s right to the land plot, an extract from the household register on the citizen’s right to the land plot or another document establishing or certifying the person’s right to the land plot.

“In the event that the act, certificate or other document on the provision of land does not indicate the right on which such a land plot was granted, or it is not possible to determine the type of this right, such land shall be considered granted to the citizen on the basis of ownership. In this case, you will have to contact the Rosreestr, and first conduct cadastral registration, ”explains Lolla Kirillova.

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