TO THE QUESTION OF DETERMINING THE CHARACTERISTICS OF REAL ESTATE THE RIGHT TO WHICH COMES UNDER THE STATUTE OF LIMITATIONS
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article is devoted to the study of topical issues of determining the characteristics of real estate the right to which comes under the Statute of limitations. In the study of the concept of “real estate”, the right to which is acquired by prescription, it is necessary to proceed from a more General category – the thing. Thing able to submit to the authority of man, but of the immovable thing as holistic systems have their own internal patterns and relationships between the individual parts. Immovable things by their nature are in organic or mechanical connection with the land. If they lose touch, they lose their original meaning at the same time. The real estate includes buildings built on such a site and have a strong connection with it and thus serve to meet the needs of the person on a permanent basis. The acquisition and transfer of immovable property, especially land, is always subject to complex formalities that require special state control. Attention is drawn to the fact that immovable property should be legalized, since without proper legalization the property will not be recognized immovable. Finding out features of real estate, it is necessary to consider the Law of Ukraine “about the national program of adaptation of the legislation of Ukraine to the legislation of the European Union” of 18.03.2004 No. 1629-5, and therefore the question of determination of features and signs of real estate at the legislative level and in other countries is investigated. The following characteristics of immovable property, the right to which is acquired by usucapion: the property cannot be moved without causing it damage, which will eventually lead to its devaluation or destruction of property; the property must not belong by right of ownership to the owner of this property who wishes to acquire property rights to immovable property by acquisitive prescription; the property is in the possession of non-owner continuously for 10 years, openly and in good faith; the property is not necessary for the owner, and last not showing him any interest for 10 years and never filed a claim in court for return of property from another’s possession; the property has the status of unowned things; the right of ownership of the property subject to state registration after the relevant court decision.
Authors and Affiliations
Олена Сергіївна Стаценко
Keywords
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