Rus Articles Journal

Loss of the property rights

by the owner of real estate to Become not so difficult - there would be money for acquisition. However the property rights can and lose.

Often it occurs from - for wrong registrations of the transaction. There are several situations when the conscientious purchaser can leave the real estate. Though it is possible to find a way to keep it in many cases.

is Taken down. Suggest to move

Loss of the property rights is considered the main risk at a housebreaking within projects of new construction. If it is simple, the situation is represented so: people had in property an apartment in a five-storey apartment block, it will be born, and owners will be lodged, maybe, and in the best and more comfortable apartment, but already on the terms of social hiring. At the same time, as the former owners once privatized the housing in a five-storey apartment block, they have no repeated right of free privatization any more.

of the Such practician really existed and meets to this day. However possible it becomes exclusive from - for voluntary the consent of owners of real estate caused or indifference to the property or legal illiteracy which organizers of moving use. In the Civil Code there is even such article № 236 - “Disclaimer of property“. In the legal relation such refusal also happens in the described situation.

However presently owners of apartments become more competent in the legal plan and demand that apartments from them were redeemed. Briefly we will give the main postulates which should use in this case.

Questions of repayment of premises are stipulated by

in article 32 of the Housing Code of the Russian Federation “Ensuring the housing rights of the owner of premises at withdrawal of the land plot for the state or municipal needs“ which makes additions to standards of article 239 of the Civil Code of the Russian Federation adopted last century. In particular, ZhK Russian Federation establishes that premises cannot be sold at the public auction at withdrawal of the land plot.

the Same article ZhK Russian Federation establishes to

an order of determination of the price of premises at its repayment at the owner (item 7):

“At determination of the redemption price of premises it joins the market value of premises, and also all losses caused to the owner of premises by its withdrawal including losses which he incurs in connection with change of the place of residence, temporary use by other premises before acquisition in property of other premises... moving, search of other premises for buying of property it, registration of the property right to other premises, the early termination of the obligations to the third parties, including the missed benefit“.

In Moscow the rights of people when moving subject to demolition and reconstruction of houses are in addition regulated by the law of the city № 21 “About ensuring the housing rights of citizens at resettlement and release of premises (houses) in the city of Moscow“ (from 31. 05. 2006). Specifics of this document consist that it provides the most different forms of provision of housing for people when moving of the taken-down housing stock. The most convenient form which is usually chosen by owners of apartments in five-storey buildings or shabby houses is stipulated in article 2 of the law:“ providing equivalent compensation (compensation) to owners at their choice in a monetary or natural form in the form of granting equivalent premises“.

some more provisions which protect the owner Are. For example: in case of making decision that, for example, the Moscow authorities within the policy consider necessary demolition of such - that houses the owner has to be in writing notified on it one year prior to the planned term of withdrawal of the land plot. But it is already details.

Actually circumstances are that

that owners of apartments can dictate to builders the terms on repayment. And the benefit is understood perfectly. They have the right to count not on the similar metric area of new housing, and on the similar number of rooms in the apartment, new, bigger on the area.

according to lawyers of the developer companies, most of builders refuse or extremely reluctantly work with sites on which moving of homeowners is a project component (an exception absolutely small houses with the small number of apartments after which demolition the profit can cover the costs connected even with very captious immigrants are). At the same time lawyers say that even artificial recognition of the settled house ceased to help emergency. By our time practice of purpose in a judicial proceeding of independent examination is fulfilled. And if she recognizes lack of accident rate, the court always remains on the party of owners of apartments. However, to defend the rights, it is necessary to resort to the help of the experts who got used to work with affairs of this sort - but the real estate is worth it.

However, now volumes of moving of shabby fund significantly decreased - neither at builders, nor regional budgets have no means for large-scale new construction. So the subject of the conflicts of inhabitants and those who want to take down from a face of the earth of their house in the near future loses the sharpness. But gradually other problem - insolvent mortgage borrowers grows in scales.

the Unfortunate mortgage

in the conditions of crisis the risk of loss of the property rights from - for impossibility to pay on a mortgage loan grows at

. However business reaches eviction seldom so far - borrowers try to agree with banks. Nevertheless, according to lawyers, now practice of deprivation of the property rights and eviction of mortgage borrowers gradually begins to be formed (in fact, there is a development of procedure).

the Reason is rather simple

. Before crisis when the market was stable, sale of the put apartment could not only return an initial contribution, but also bring benefit due to growth of the price of real estate. In a situation of regular and essential reduction of prices even successful sale of the put apartment or house can not repay in full obligations to the creditor. In these conditions the word “eviction“ becomes already real threat for rather large number of the borrowers who lost solvency.

However, for the owner of the put real estate the legislation leaves some opportunities to try to correct a situation. According to article 54 (item 3) of the law “About a Mortgage“, the court can delay in the presence of good reasons the address of collecting regarding pledge for a period of up to one year. The law stipulates that for this purpose the depositor has to be the natural person - namely those and are buyers of housing on credit. (Besides collecting cannot be turned under no circumstances on some types of real estate, for example, of the earth of agricultural appointment, but now the speech about more banal situation, that is the apartment bought on credit.)

In other words if the borrower achieves the necessary judgment, it has time for settlement of own problems. In principle in a year it is possible to find work or to realize a pledge subject, to satisfy debts to bank and on the remained means to buy some more modest housing. However we will repeat, presently it is not always real.

Besides, is one more important situation which is specified in article 55 of the law “About a Mortgage“ - the extrajudicial order of the address of collecting on a mortgaged property can be stated in the credit agreement. So possibilities of receiving time for rescue of the property depend on terms of the contract with bank which was signed by the borrower. However, in case of obstinacy of the debtor and in this case business will go through court. Physically for eviction it is required to submit a claim for removal living in the put apartment of people from the registration account, and after obtaining the judgment furniture from the apartment will take out already office the police officer.

It is known that it is possible to turn collecting even on the only housing in which minor children live among other. It is possible not to wait for any social support to such evicted persons.

in the press can find

quite strange remark In publications apropos of an order of eviction of the mortgage borrower to which the temporary housing on the terms of social hiring on norm of hostels, that is 6 sq.m on the person is provided. These plans were really discussed a few years ago, but the so-called temporary housing stock did not turn into reality - is enough for municipalities of the cares.

the Existing Housing Code of the Russian Federation in article 89 tells

only about three types of eviction on the basis of which the social housing - is provided at capital repair of the house, demolition of the house or transfer of housing to a non-residential premise. About a speech mortgage does not go here. The interrogated lawyers told that in real life when business reaches deprivation of the property rights of mortgage borrowers eviction them is carried out bezadresno, that is in anywhere - though on the street.

the Malicious defaulter

can Periodically be heard that in this or that city some family moved from the apartment for debts on utilities. Cases similar are very rare and for this reason information on them gets to the press. There is no mass jurisprudence of such eviction (as there is no jurisprudence on deprivation of the property rights, by the way, and at all, from - for not legalized re-plannings).


As a rule, to owners of the apartments which are not paying a rent within several months apply warnings that the further delay of payments can be fraught with the claim for eviction. It helps - the benefit of the sum of debts are not comparable to the apartment price. As a last resort it is possible to sell something from property. Usually people understand what should try to be paid in due time, than to bring the matter to problems.