• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Ruling of the Supreme Court Judicial Division for Economic Disputes of 24 January 2017 № 305-КГ16-10570

Legal issue: Whether the owner of all apartments in a residential house must register his right of ownership to it as a single object of real estate, if he wants to demolish the house and register his right of ownership to the land under it?

Ratio decidendi: Contrary to the opinion of lower courts, there is no need to do so. From the moment of registration of his right of ownership to this apartment the buyer of an apartment also acquires by virtue of the law the right to a share in common property to the land plot under the house.

When а single person owns all the apartments in a residential house, he by virtue of the law  becomes the owner of all shares in the land plot and from the moment of registration of his  ownership to the last apartment in the residential house becomes an owner of the entire land plot thereunder. Since that moment onwards the existence of the right of common shared ownership is no longer possible, and it turns into the right of individual ownership in real estate. As for a demolition of a residential house situated on a land plot, it may not serve as legal grounds for terminating a right of ownership to this land plot.

 

Text
Subject areas: 
Civil law  Land 

 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.