Questions of common shared property.

By Admin | Legal Issues
28 April 2016
After a divorce by a court house that my father built, and the land was divided in equal shares with preservation of a single household.Now I want to sell my part of the house, but to get a certificate of ownership, it is necessary to have two of boundary cases for land allocation.Is it possible to otherwise resolve the issue of the division of common land ownership?

Marina Shamenkova, Volgograd

legal advice Since the house was divided with the preservation of a single household, he now belongs to two (or more) to the owners of common property.

In accordance with the Civil Code the property in common share ownership can be divided by agreement between the owners.You may also require allocation of its share of the common property.In case of disagreement of one of the owners of the method and the conditions of this section, you as a participant in shared ownership can go to court.

However, keep in mind that the law share the house can be identified only in the event that your half of the house is an isolated pa
rt of the house with separate entrance or there is the possibility to transform this part of the house isolated by an appropriate conversion.Once on the basis of agreement between the parties or the court decision will be allocated your share, the registration authority will issue a certificate of state registration of rights.Then you need to apply to the regional branch of the cadastral chamber to produce a land surveying.

Once assembled a complete package of documents necessary for the purchase and sale of land and shares an apartment house, you will be able to dispose of such real property.

«In our house there are three large families.All of us - the owners of a little more than one third of the houses.Around 12 hundredths of a hectare.I recently had a dispute with neighbors about my part of the world.It seemed to me that my share is smaller than the others.I insist on the increase of the owned me.Please tell us how to deal with such issues?

Valery Skurov, Nizhny Tagil. "

legal advice land can belong to more than one person: the right of ownership and the right of lifetime inheritable possession perpetuity.Possession and use of common land is only possible on the basis of the agreement of all members, without exception.If there is a dispute between co-owners of shares on the land, it can be resolved in court.

In considering such cases tribunal primarily based on the legal status of the land.If he belongs to more than one person on the property rights or the lifetime inheritable possession, the court likely will share the land in accordance with the approved co-owners of shares in the common ownership of the land.If the land belongs to the co-owners of common home the right of permanent indefinite use, the court may divide the plot or in accordance with the shares in the ownership of the house or confirm its decision to the established order of use of land.

This is reflected in Article 35 of the Land Code.The practice, which has developed in dealing with such cases in court, is that if the court finds that the established procedure for using the site is based on voluntary (albeit a long time) the parties' agreement (written or oral), that in its decision it is likely to legitimize the use of the established order, despitethe fact that the share of land does not match the shares in the ownership of the residential building.