How can I acquire state / municipal property by statute of limitation?

How can I acquire state / municipal property by statute of limitation?

 

Elimination is one of the ways to become an owner. The limitation period is a period of time, with the expiration of which, and under certain conditions, I am given the opportunity to become the owner of a certain item. In addition to acquiring the adjacent levels or a deserted house owned by a deceased grandfather for example, I can also acquire a property that is private state or municipal property.

 

Private state property

There are two types of state or municipal property - private and public. There is a different legal regime for these two species. The legislator has adopted the approach to define exhaustively which sites are public state property and everything outside this circle is private state property. What is public state property can not be acquired through prescription and under no circumstances can I change my owner. Public state property are, for example, the underground natural resources, coastal beaches, republic roads, water, forests and parks of national importance, natural and archaeological reserves, properties provided to the departments for the performance of their functions, and a number of others intended to satisfy the interests of the whole society. All other sites are private state property and can be acquired by statute of limitation.

 

Private municipal property

As for private municipal property, things are similar. Public municipal property are the properties intended for the fulfillment of the functions of the bodies of local self-government and the local administration, properties designed for the permanent satisfaction of public needs of local significance, determined by the municipal council, other properties and objects which are explicitly defined by law - for example, streets, squares, gardens. Such objects can not be acquired through prescription, but what is private municipal property - can.

 

 

Acquisition by prescription

When acquiring immovable property as a private state property, the general rules for acquiring the statute of limitation apply. It matters whether my ownership of the real estate is in good faith or in bad faith. Being a bona fide owner means to rule the real estate on a legal basis capable of making me an owner, but without knowing that my transferee is not the owner or that the legal form prescribed for the transfer of the right of ownership is not respected. In this case, once I have been in possession of the property for 5 years, I can claim that I have acquired it under prescription. However, if I know these circumstances, I am a bad guy. Again, I can acquire the property by statute of limitation, but for this purpose, the term I have to command the property is at least 10 years. (More about acquiring prescription - in the "Acquisition limitation" right.)

 

 It is good to see beforehand whether it is a public state / municipal property to make sure I will not be left empty-handed. Such information can be obtained from the competent district, respectively the municipal administration. However, this checkup makes me a bad guy, which means I can become an owner after a ten-year statute of barbarism.

 

Suspension of limitation by law

The limitation period is a period of time and can be suspended and interrupted. When the statute of limitation ceases, it means that it does not run for a certain period of time, but the period of expiration is maintained. The limitation period for the acquisition of property - private state or municipal property ceases to run from June 1, 2006 until December 31, 2017. That is, if I am a bona fide possessor and I am exercising de facto authority with the intention to own property - private state or municipal property and I have established my domicile on 01.02.2010 to 01.02.2015, I will not have acquired the property by statute of limitation, because under the law it has stopped running in this period. Property levy for private property state and municipal property does not run until the end of 2017, which means that only after that I will be able to exercise and invoke my statute of limitation (if, of course, the law is not changed again, because until now the limitation period was extended five times).