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Joint and common shared ownership: what is the difference? What are the forms and types of property? What types of property are there?

Concept common property arises when one object is owned by several persons (both individuals and legal entities).

Reasons for occurrence and types

This type of property arises due to various reasons: official registration of marriage; where several people live; creating a farm where there are several owners, etc. - in other words, when two or more people take possession of property that cannot be divided into several parts either by force of law or without changing its purpose.

Two types of common property rights can be distinguished, which differ in the essence of ownership and are regulated by different rules:

shared ownership– a type of property that is characterized by the allocation of a certain share in the ownership of property, both movable and immovable;
joint ownership– when the shares of property ownership are not determined in advance.

Share in the ownership of an apartment - what is it?

When an apartment becomes the property of several persons and the shares of ownership are agreed upon in advance, we are talking about shared ownership of the apartment. In such a situation, housing can only be disposed of with the consent of all owners, regardless of the size of the share.

It should be understood that if all the owners live on the territory of the apartment, then it is not possible to actually divide the area in accordance with the shares of each according to the documents. In this case, the co-owners try to come to an agreement and divide the living space, taking into account the life circumstances and needs of each. If this issue cannot be resolved peacefully, the owners go to court, where the procedure for using the living space will be determined. If it is necessary to change the order due to any new circumstances (for example, the birth of a child), the court may revise the decision that was made earlier.

Regulatory acts that regulate issues of shared ownership of an apartment

In order to determine the procedure for use and how co-owners can dispose of their shares, one should refer to the Civil Code of the Russian Federation (Part One) dated November 30, 1994 N-51 Federal Law. Chapter 16 is entirely devoted to the regulation of common property rights.

If we are specifically interested in the right of shared ownership in an apartment, we should pay attention to the following articles:

Art. 245. The article states that if shares in common property are not determined in advance, then the shares will be considered equal. Also, when investing in improving the condition of the property, the size of the share can increase in proportion to the investment.
Art. 246. Shared property can be disposed of only with the consent of the co-owners, while any of the owners has the right, etc. your share.
Art. 247. Shareholders have the right to use the property by agreement of all co-shareholders. Each owner has the right to receive his share for use; if in fact this is not possible, he has the right to count on compensation.
Art. 248. Everything that the owners can receive as a result of the exploitation of shared property (income, fruits, etc.) is divided between the owners according to their shares, unless there are other agreements.
Art. 249. Expenses for the maintenance of common shared property - all this is also divided between the co-owners in accordance with the size of the shares.
Art. 250. This article describes the right of co-owners to preference in purchasing a share in common shared ownership, provided that the sale is not through a public auction.
Art. 251. Upon sale, the share passes into ownership from the date of conclusion of the agreement, unless other conditions are specified in the agreement.
Art. 252. The division of property can take place by agreement of all co-shareholders. Any of the co-owners has the right to allocate his share either by agreement of all owners or by court decision. If the allocation or division of property is not possible or is prohibited by law, then the shareholder has the right to compensation, after receiving which he is deprived of his property rights.
Art. 255. The creditor has the right to apply to the court, if one of the owners in common property cannot pay off the debt with the property that he has, to collect the debtor’s share, while the share can be sold both to the remaining property owners and at public auction, and The proceeds from the process will be used to pay off debts.

Recently, changes have affected only the 1st paragraph of Article 250 of the Civil Code of the Russian Federation (the changes entered into force on March 1, 2015), which talks about the pre-emptive right to purchase shares in common property by co-owners. Points have been added in which this advantage is abolished when selling property with, or more precisely, a share.

Main problems: how to divide, sell or rent out a share in an apartment

So, the problems faced by people who own shared property can be divided into several types: I want to have my own room, I want to sell or rent out my share. Let's look at everything in order.

I want to have my own room

If you not only own a share in the apartment, but you also have to live in it with other shareholders, the question arises: how to divide the area so that everyone has their own corner. This issue is regulated by law and is described in Art. 245 of the Civil Code of the Russian Federation - on the procedure for using residential premises. The first option for determining order is peaceful, because it is better to come to an amicable agreement with your neighbors and decide who will live and where.

Healthy! Even if you have agreed on everything with other residents, it is best to formalize the procedure for use with a notary, so that later you do not have to prove who said what.

Another option, when it is not possible to resolve the residence issue peacefully, is to go to court. The court will take into account all the circumstances and divide the rooms between the owners, as it considers it correct, not always taking into account the size of the owners’ shares. If one owner has a family and the second is single, then the first owner will get a larger room.

Do I want to sell my share?

When cohabitation does not suit one or more property owners, and they would like to receive their share in monetary terms, the question arises of selling a share in a common apartment. In such a situation, there are several possible solutions:

If only one of the owners declares the sale of a share, then the remaining residents have an advantage over others who wish to purchase, and in this case it is necessary to obtain their consent. This right is regulated by Article 250 of the Civil Code of the Russian Federation.
If several co-owners would like to sell the entire property, but one, who has a small share that cannot be realistically allocated, does not agree, then you can go to court (based on paragraph 4 of Article 252 of the Civil Code of the Russian Federation), where permission to sell the apartment without consent will be obtained. protester,” with the condition of paying him compensation in the amount of his share of the total cost of the apartment.
If all co-owners are ready to leave, then they can simply sell the apartment and each receive their share.

It is important to know that the sale of a share in an apartment is much lower than the cost of the same share if the apartment is sold as a whole. The price difference can reach 15-25%.

How to submit your part?

Everything here is very simple - renting out or registering someone on your part of the living space is possible only with the consent of all owners; this issue is regulated on the basis of Article 246 of the Civil Code of the Russian Federation. If there is a need to register a minor child, then this can be done without the permission of other owners, since children are registered at the place of registration of one of the parents (Article 70 of the Housing Code of the Russian Federation, norms of the Family Code)

Right of common joint property of spouses

In order for the right of joint ownership to arise between a man and a woman, a marriage must be officially registered. Property acquired during marriage becomes the joint property of the spouses, where each has an equal share. A different procedure can be established provided that a marriage contract has been signed, in which, with the consent of the husband and wife, ownership rights regarding the property of each of them are designated. Issues arising during the use and disposal of joint property are regulated by Article 256 of the Civil Code of the Russian Federation and Articles 33-39 of the RF IC.

The right of joint use includes property that was acquired by spouses during marriage, but it is important to know that this right does not apply to:

acquired before marriage;
resulting from ;
personal belongings.

All this is the separate property of the spouses.

For information: the individual property of one of the spouses can be recognized as joint property, provided that there were investments in it during the marriage, which greatly increased the value of the property (repairs, reconstruction).

Although when making transactions with joint property, written or notarized permission of both spouses is not required (based on the fact that both spouses agree to the transaction and nothing else has been proven), but spouses without a notary can dispose of real estate or objects that require registration and/or notarization certified consent of the other spouse cannot according to Art. 35 IC RF.

The division of property can be carried out both during the marriage and upon its dissolution. This process is regulated by Articles 38 and 39 of the RF IC. In the best case, the division occurs peacefully, when the owners agree on who will get what. If you cannot reach an agreement on your own, the only way out is to go to court. The court will establish the division of property in equal shares, so that both spouses receive equal shares of the property in value. In the event that the shares are not equal, the spouse with the smaller share is awarded monetary or other compensation.

A very important point is not only the acquisition of property during the marriage, but also with what funds it was acquired, because this can greatly influence the court's decision on division.

Example No. 1

The wife sued her husband for the division of an apartment that was acquired during the marriage.

The court found that this apartment was purchased with funds resulting from the sale of the husband's premarital property, which are not common property. In view of this fact, the court decided that the apartment was not subject to division, because is not joint property.

Example No. 2

The wife applied to the judicial authorities for the division of property, including an apartment, after the divorce.

The court stated that this apartment was not purchased by the spouses using common funds, but was given to the husband as a military serviceman; accordingly, this property is not common and joint property and is not subject to division.

How is the division of real estate in shared ownership carried out?

The video shows the order, procedure and features of the division of property that belongs to more than one owner.

The Civil Code of the Russian Federation provides that any property, including an object, can belong to several owners on the right of common - joint or shared - ownership. Here we will consider the situation when the apartment is in joint ownership, that is, certain shares in it are not allocated.

Joint ownership: origin and features

The right of common ownership traditionally means several people, together and at their own discretion, to use and dispose of the property that belongs to them on a trust basis.

The most common option for the emergence of joint property, provided for by the Civil Code of the Russian Federation, is joint property of spouses (Article 256 of the Civil Code). This applies only to an apartment purchased during marriage. It is worth emphasizing here that we are talking only about real estate that the family received as a result of so-called compensated transactions. If the apartment was inherited by one of the spouses, or under a gift agreement, it is recognized as the private property of only this one spouse.

True, if the second spouse has made significant improvements to the donated or inherited home, such property will already be considered joint. At the same time, the Family Code clearly states that improvements and changes should significantly increase. True, often, wanting to preserve the property of each of them in its original form, spouses sign a special agreement

There is another possibility for the emergence of joint ownership of living space, although not provided for by the Civil Code, but based on Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” and in practice it is not so rare. This regulatory document states that housing can be privatized into joint ownership by people who live together, regardless of whether they are related. The standard form of a privatization agreement contains a column that allows citizens themselves to determine into which property their apartment should be transferred - joint or shared.

Co-owners of real estate can also be members of a farming enterprise who are in close, trusting relationships.

From general to specific

It is worth immediately noting that the community of property in joint ownership is expressed to a greater extent than in shared ownership. All owners of property use and dispose of it together, unless another option is provided for in a document such as a mutual agreement of all.

For example, if it is necessary to sell an apartment that is jointly owned by spouses, then both must be present during the transaction, and if one of the owners for some reason cannot appear in person, in this case, according to Article 35 of the Family Code, he is required notarized consent. In addition, if the apartment is jointly owned, the transaction can be carried out only in relation to its entirety - no one can sell only their share without first officially allocating it.

It is also important to understand that if the transaction was made by one of the co-owners who, according to their earlier agreement, did not have the right to do so, and the other party should have known about this, such an agreement can no longer be challenged. After all, counterparties are absolutely not obliged to delve into the internal relations of those who own property as joint property.

Joint ownership: how to sell your part?

Let us repeat: very often the property of spouses is in common joint ownership, unless otherwise specified in the marriage contract. As long as they live together, this does not matter, but in the event of a divorce, for example, one of them may need to sell their share. But for this to become possible, this share in joint ownership, one way or another, must first be allocated. Most often, in such cases, an agreement for the simultaneous allocation of a share is concluded. In some situations, a contract may be more appropriate.

It is worth noting that unless otherwise provided by law or the relevant agreement, both in shared and joint ownership, the shares are assumed to be equal. It is important to know that if there is an intention to sell a share of common property, the other owners always have the right of first refusal, and only if they do not express such a desire can a transaction be concluded with an outsider. You must notify other owners of the sale in writing and, when naming the price, you should not inflate it, otherwise you will not be able to sell your part of the property to a stranger for less. At the same time, other owners have only thirty days to make a decision on purchasing the proposed share, and if during this time they do not take any action to acquire part of the housing, they can sell it to anyone.

If there are several people willing to purchase your part, and all of them are shareholders, you have the right to independently choose a contender for your square meters. In fact, it is quite difficult to sell your share of joint property, as well as to dispose of it at your own discretion. Moreover, the share of each owner in the apartment, of course, is not indicated in any way, but is expressed only in numbers in the relevant documents, and it is expressed quantitatively in the form of fractions or percentages.

Researchers point out that a purely numerical expression of a share does not in any way reveal its legal nature and does not answer the question of whether each of the owners of common property owns a share in the right to the common property, a share in the property itself, or a share in its value. Most issues regarding the use of the sold share are resolved in court. Therefore, when purchasing a share, the new owner has to keep in mind that the conditions for using it may change, and they will have to be established through the court.

Hello.
I continue to sort out your letters:

"Good evening. Please tell me, what is the fundamental difference if spouses register an apartment as shared ownership (50/50) or joint ownership?”

On the one hand, there is a difference, on the other hand, there is no difference.
What is the fundamental difference? What does “shared ownership” mean?
This means that the spouses have clearly defined who owns what share. (One gets half an apartment, the other gets half an apartment: not 49 by 51, not 40 by 60, but exactly equally: 50 by 50.

Another thing is that there are real shares and there are ideal ones.
That is, the ideal shares are those that do not correspond to the area of any of the rooms, but are, as it were, “cut off from life”, that is, the ideal share is 50% of the apartment - it can be in one room, or in another room, and (if three-room apartment) and in the third room...
And where exactly is no one clear. Until the spouses agree (or the former spouses agree): what,... how, how to make these ideal shares real. That is, in this case, someone must renounce the right to some of their meters, and someone, on the contrary, acquires this right.

But let's return to our question.
So, the spouses register the apartment as 50/50 or as joint ownership.

What does “joint ownership without determining shares” mean?

This means that my wife and I do not know who owns what share.
That is, we own the apartment together.
And she owns, say, 1%, and I own 99%, or vice versa, she owns 99%, and I own one percent, or, vice versa: she owns 50% and I own 50% - it doesn’t matter: we own the apartments together. In a divorce, the court, as a rule, considers that the spouses, when purchasing an apartment, had equal rights to purchase this apartment, since they registered it as joint property. And, as a rule, in 99 percent of cases, it moves from joint ownership to shared ownership, that is, it divides the property in half.
But this is “as a rule”, because sometimes it happens that due to the savings previously made by a person, which were made before his marriage, a person has formed some kind of
money supply, and the person has already “entered into buying an apartment” with this excess money supply.

That is, let’s say the spouse contributed, say, 200 thousand and the spouse contributed 2 million. And with these two million two hundred thousand they bought an apartment.

In this case, if it can be proven that there was such a distribution of funds when purchasing an apartment, the court may award one of the spouses a larger share of the apartment, and another a smaller one.
But, as a rule, as I have already said, in 99 percent of cases, in the event of a divorce, the court moves from common joint property to shared ownership, by dividing the property clearly in half: half for you, dear wife, for me half of our joint apartment.

In this case, the court arises when? When there is some kind of dispute, when people do not agree with something and cannot agree on something themselves. If people agree on everything, then, as a rule, there is no need for a trial. And, in this case, the spouses can agree that, let’s say, she owns 0.1 apartments, I own 0.9.
Maybe?
Maybe.
Can we document our agreements by defining the shares through an agreement?
Can. And it will also be legal.
Can we go to court with this decision of ours?
We can have the court record this decision of ours on the division of common property.

That is, what happens: on the one hand, we need the division of shares for the court in case of divorce, but there is another instance when we may need to divide the shares (at a minimum, to indicate which share belongs to which of the spouses). This organization, this authority is the tax office.
Please note: dividing an apartment into shares (actually and for the tax office) are two different things.

That is, if, for example, my wife and I have property registered as common joint property without defining shares, then in order to determine who owns what (for example, during a divorce), we must first move from common joint property to shared ownership.
That is, to divide our shares, our whole apartment into shares.

But when we are dealing with the tax office, we can ourselves, by agreement with my wife, agree which share of the apartment will belong to me (for tax purposes and to receive a deduction for this apartment), and which to her.

A simple example: let’s say an apartment costs 3 million rubles.
As a buyer of an apartment, I have a tax deduction of 2 million rubles.
And the spouse, let’s say, sits at home and does housework, and doesn’t work.
That is, what happens?
I go to the Tax Inspectorate and say that my wife and I agreed (for tax purposes) to determine our shares as follows: that, for example, she owns a third of the apartment, and I own 2/3 of the apartment.

The apartment, as we remember, costs 3 million. That is, it turns out that I bought a share of an apartment worth 2 million and I have 2 million as a tax deduction. I use my tax deduction, in this case, entirely.
Well, what about your wife?
My wife can't use it yet.
Why?
Because staying at home with children, she has no income on which she would pay taxes.

If our shares are clearly defined (50% for her and 50% for me), then in this case we cannot come to the tax office and say: “Let us recalculate our shares for tax purposes.”
In this case, it turns out that the cost of the apartment is 3 million. My share is worth one and a half million (half of the apartment), and her share is also worth one and a half million.
And despite the fact that I have the right to a tax deduction in the amount of 2 million, this tax deduction (which I can use) is no more than the value of the property that I purchased.
And I purchased a share of an apartment worth, respectively, one and a half million.

That is, for tax purposes, it is more profitable to register the apartment as a common joint property without determining the shares.
Moreover, it can be issued for one spouse. The second spouse, in this case, risks little.

Because what the spouses acquired during marriage is jointly acquired property. And if the apartment is registered, for example, in the name of the husband, then in the event of a divorce, the wife can always demand the “lion’s share” of this apartment.
(Well, of course, the apartment was bought with common money - it means: “Come on, honey, half of the apartment is for me. And I will have my own share of the apartment.”)

Thank you for your attention.
.
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Mikhail Romanovsky

Articles written

In modern society, having your own home is a priority and common desire of almost every person. A similar trend arose in the 90s of the 20th century after the adoption of property laws allowing privatization. Residents of the Russian Federation have the opportunity to legitimize their private property rights through several types of ownership: individual ownership, shared ownership of an apartment, common shared ownership, common joint ownership of an apartment. Until this moment, all real estate was state owned. Public property was leased from the population.

Forms of real estate ownership

Real estate includes objects whose location cannot be changed, namely: residential premises and land plots. The owner exercises his right of private property directly at the location of the property. Each object has its own specific address. To determine the owner of an object, the following types and forms of ownership of real estate are assumed:

state;
collective;
private.

The difference is that in the state form the owner is the Russian Federation, as well as its subjects, in the second case - local government bodies, and the private form implies ownership of property by individuals and legal entities. Regardless of the form of ownership, each owner, in addition to the right, also has certain responsibilities in relation to the property. State ownership has its own characteristics:

the state may even own property that has been withdrawn from circulation;
only the state has the right to confiscate property from other owners;
independent determination by the state of the conditions for the use of state property.

The state and constituent entities of the Russian Federation own real estate, which is necessary for the implementation of their functions. These can be buildings that house government agencies, the army, state-owned enterprises, as well as defense facilities and factories. Federal roads are also considered state property. In the Russian Federation, these objects are not subject to privatization, since they are intended to protect the interests of the population and implement state goals.

The right of private property is an absolute, legally protected right to certain property of a specific person. Without private property, a market economy cannot exist. The legislation of the Russian Federation does not limit the permissible number of objects of ownership for each citizen, or the maximum or minimum value of property. Private property is subject to the right of inviolability. All objects of ownership within the Russian Federation are subject to state registration.

Classification of private property

There are two main types of private property - individual and common. Each in turn is divided into subspecies and has its own differences. The difference between them is how many people own the property and how much of the home each person owns. Main forms of private property:

individual - the owner is one person, implemented with the complete renunciation of the rights of private property by those living in the apartment;
shared ownership of an apartment - used in the process of privatization of communal apartments, each owner has his own share of a certain size;
general share - the shares of all residents are considered equal in the absence of other agreements in the privatization process;
general joint - when inheriting housing by several persons at the same time, when purchasing it using joint funds.

Joint ownership arises in the event of privatization of real estate by spouses and family members. Decisions regarding the disposal of property are made by all family members living together. If it becomes necessary for one of the owners to sell their own part of the common property, the property is transferred to shared ownership. When buying a home that is owned by several people, the purchase and sale agreement must be signed with everyone.

Shared ownership involves each tenant owning a certain share of the apartment. The size of the share is indicated in the purchase and sale agreement and depends on the material contribution of each person. Disposal of property is carried out with the consent of all owners. When disagreements arise regarding the ownership of shared property, the general protection of interests occurs in court.

Real estate acquired with capital acquired jointly during marriage is considered the property of the spouses. The parts of each family member are considered the same. Disposal of housing occurs by mutual decision. When division of property is impossible by mutual consent, it is better to defend the right of private property in court. Protection of property rights is possible on the basis of the Constitution of the Russian Federation (Article 45).

Property formation process

As a result of changes in legislation and the formation of the necessary conditions for determining the boundaries of individual ownership, the population’s attitude towards property has radically changed. Citizens of the Russian Federation can acquire individual housing by:

privatization of real estate housing funds;
registration of a purchase and sale transaction;
purchasing housing from construction companies;
received by inheritance or gift;
acquisition of housing through participation in housing construction cooperatives and other similar organizations.

To determine the boundaries and extent of ownership, the following types of documents are used.

Title documents - secure the private property right of a particular citizen in relation to certain property.
Technical passport - issued by the BTI after the technical inventory has been carried out and contains information about the inventory value of the property.
Certificate of ownership - issued by the BTI on the basis of a technical passport and a document confirming ownership.

The purchase and sale process must be confirmed by an appropriate written agreement. It is better that the data about the object of the transaction be reliable and accurate. The agreement is intended to determine the conditions for the transfer of the right to housing and can subsequently be used to protect the rights of the owner.

The seller undertakes to transfer the property for the agreed amount within the specified time frame under the specified conditions. State registration of the agreement is necessary for the agreement to come into force. When transferring the object of the contract from the seller to the buyer, an act of acceptance and transfer of real estate is signed.

Privatization is considered to be one of the options for acquiring real estate, land or parts thereof. This right can only be exercised once and provided that a social tenancy agreement has been signed between the person and the state. One of the main requirements of privatization is the consent of everyone registered in the living space.

A minor who grew up in a privatized apartment retains the right to take advantage of the free privatization of other real estate after reaching adulthood. Types of objects not subject to privatization:

emergency real estate;
real estate located in military camps;
service housing;
dormitory buildings;
premises located in rural areas;
property of stationary social protection institutions.

In accordance with the laws of the Russian Federation, owners can dispose of real estate at their discretion. The owner has the right to register any individual in the living space. The disadvantages of privatization are that such a right is subject to taxation (the amount of annual payments is determined depending on the value of the property), and utility payments are usually higher than in non-privatized apartments.

Land ownership

Natural resources, including land, can belong either to the state or be individually owned by citizens and legal entities. Therefore, to determine land ownership, the same types are used as in the classification of real estate ownership.

The object of property law in this case is the land plot. The size and boundaries of a land plot are established to determine land rights. Citizens of the Russian Federation have the same right to acquire ownership of a plot of land permitted by law.

The owner can use and dispose of the land at his own discretion: place buildings on it or use it for agricultural purposes. Not only the upper surface layer, but also minerals and reservoirs are at disposal. In this case, the use of the land plot must correspond to the intended purpose of this category of land and the permit for its use.

Each owner receives a certificate indicating the characteristics of the object and the type of right on the basis of which ownership occurs.

The main type of ownership of an object, which provides maximum powers, is ownership.

It is allowed to register apartments, rooms and other premises as property, as well as land plots.

This type of right arises as a result of property transactions, which include:

In addition, this right can be acquired by or through. During registration, the autonomous structural content of the object assigned to the owner is determined, which may include:

citizens;
enterprises, organizations and companies;
regional and state administrative bodies.

Upon completion of a civil law transaction granting real estate in the form of an agreement on the transfer of property rights, it is required to register it and enter it into the cadastral records.

Only after it is completed, the transaction enters into legal force, and the agreement becomes an indisputable precedent, allowing both ownership and property disposal of the purchased housing or land plot.

Based on the title documentation, after the registration procedure, owners of plots or apartments receive certificates of ownership, which become a title document stating the type of legal responsibility in relation to real estate.

Privatization as a form of property relations came into force with the emergence of new land and housing legislation, against the backdrop of other types of property that did not allow full ownership for citizens. If Soviet legislation, which existed before the adoption of the Constitution of the Russian Federation, recognized only state property, then at this time any object has legal capacity in relation to certain categories of property.

For example, municipal or private. Private property, in turn, is divided into commercial (LLC, JSC, etc.), non-profit (NPO) and individual. Each of them requires cadastral registration.

The right to economic management and operational management of real estate

These types of orders are tied to the legal powers of the owner, which are transferred by such to trustees.

Their role is played by legal entities - enterprises and companies that manage property that does not belong to them, but has been transferred for their use. Sometimes real rights to land, capital buildings and other real estate are delegated.

The term “operational management” arose in the second half of the previous century and was initially applied to real estate and other property owned by the state, which transferred it to enterprises and organizations to perform narrow economic tasks. These powers have retained their original legal positions to this day.

Differing from operational management, the authority of economic management acquires expanded functions in relation to the transferred property.

Operational management is predominantly entrenched:

for institutions on the balance sheet of the state budget;
state-owned enterprises;
entrepreneurs;

It regulates the non-commercial disposal of real estate as the main aspect of activity. But it also allows commercial activities as accompanying or focused on fairly narrow tasks. Economic management is available to a wide range of commercial activities and is regulated by authorized persons.

In this case, the legal owner of the property is included among the founders of the commercial organization and, together with other founders, is allowed to engage in commercial activities, influencing the adoption of responsible decisions. He is responsible for exercising control over the activities of the company and the financial profit it receives.

In both cases, unauthorized disposal of real estate, which may involve transfer of rights or lease, is not permitted.

These actions require the owner's consent. Registration of delegation of powers requires not only cadastral registration, but also entering information about operational management and economic management into the Unified State Register (see).

Right to permanent (unlimited) use

This type of ownership developed in Soviet legislation in relation to plots allocated for use by citizens. After the Privatization Law came into force, it began to reorganize into ownership by.

Persons who did not privatize land real estate retained this type of disposal, which limits their powers. For example, land plots can be used constantly, without restrictions, but their disposal is limited.

They are not allowed:

to participate in property transactions;
for inclusion in testamentary dispositions;
for transfer to heirs by law.

Since 2014, enterprises and organizations that owned lands on this basis have transferred them to lease terms, transferring them to municipalities, or privatized them, including through buyout.

Non-privatized lands are owned by local authorities.

Based on this type of right, the state to this day transfers tracts to the jurisdiction of an economic entity, which disposes of them at its discretion, based on the interests of the region or locality. This precedent is entered into cadastral records, taking into account the affiliation with the legal owner - the municipality.

The situation changes only when the land belongs to the category of settlement lands, and on the plot. In this case, the allotment, following the fate of the building, which is the property of citizens, is registered as a local area. Together with the house, the allotment is involved in property transactions and hereditary transfer of rights, allowing for the possibility of its privatization for the purchasers of the house.

Right to lifelong inheritable ownership

It is also applied when using lands allocated for the use of citizens by Soviet legislation. Preserved, along with constant use, among persons who did not privatize the plots.

A mortgage requires the provision of a property base, which acts as collateral guaranteeing the repayment of debt obligations under the loan received. In quality, purchased on the primary or secondary real estate markets, issued with a mortgage.

The buyer draws up two agreements, one of which states the fact of purchasing housing, and the other - receiving a loan. After their conclusion, both transactions are registered. In this case, the apartment does not completely become the property of the buyer. He has the right only to use it for its intended purpose.

Property transactions with such real estate are not allowed, as determined by the loan agreement.

This precedent becomes available for accounting information, which guarantees the creditor compliance with the agreed conditions and protection of property rights.

Sometimes the encumbrance arises against the background of a transfer. In this case, the transfer of the security is subject to registration. After repaying the loan debt, the owner of the property removes the encumbrance and receives the right to dispose of the property, about which the corresponding cadastral information is also entered.

The encumbrance of an easement primarily arises in relation to land. The basis is a real right to an object that needs to be located on someone else’s land plot. Sometimes the need is dictated by the lack of access to or from your own site towards the roadway, pond, etc.

In addition to such an easement, which is established privately and allows for compensatory conditions, the establishment of a public easement is allowed. It does not provide compensation to the owner of the site, as it is established in the interests of the locality, by decision of the municipal authorities. Sometimes it is necessary to resort to a court decision that allows both the establishment and cancellation of an easement.

The encumbrance is registered after its establishment and at the end of the action, as a result of cancellation. An easement does not limit the owner’s property positions. But this encumbrance is transferred along with the alienation of ownership of the land plot.

Whenever ownership or lease is transferred, the easement is re-registered in favor of the new owner.

In order to register changes that have occurred in civil property relations, individuals and legal entities apply to Rosreestr (see).

This refers to a system of registration actions that are actually carried out at the local branch of the state cadastre and cartography. Multifunctional centers have been opened in regional and regional centers, where they carry out both registration of real estate and related procedures.

Mainly located here:

notary and legal consultations and offices;
terminals for paying state fees;
copier for making photocopies of documentation, etc.

In the case of the transition of an object or part of it, the presence of two parties is required. Each of them provides documentation for real estate and civil passports. The alienator enters information about the termination of ownership of the real estate, and his successor takes possession of it. The same applies to an encumbrance, when the owner transfers partial legal capacity to the creditor or holder of the easement.

Admission is carried out by electronic queue, using coupons received at the terminal. The registrar accepts. The receipt indicates the purpose of the application and the list of documentation left for cadastral operations. The application is drawn up by the registrar, and the citizens who apply seal it with their signature.

Payment of the state fee, which amounts to 2 thousand rubles for individuals and 22 thousand for legal entities, is made at the Sberbank terminal or at any of its branches. You must pay for the service before contacting the registrar, and attach the receipt to the documentation package.

Registration of documentation is carried out according to the regulations - 21 working days.

If the documentation is completed early, the registrar will notify the owner of the completion of the process via a telephone number left as a means of feedback.

Citizens living outside the regional or regional center can send a package of documentation by registered mail with notification of receipt and an enclosed inventory. In this case, the application will have to be drawn up independently, according to the model presented on the official website of Rosreestr. It should also include a note about the return of the registered agreement in the same way - by post.

Real Estate Laws

Registration of rights to own and dispose of real estate is carried out on the basis of the Federal Law, which entered into legal force on July 21, 1997, under No. 122-FZ, adopted by the State Duma and approved by the Federation Council.

The initiative in its implementation belongs to the parties who will not take actual possession of real estate without entering information into Rosreestr.

Registration of ownership is determined by:

Article 35 of the Constitution of the Russian Federation;
Part 1, Section 2 of the Civil Code.
Other types of legal relations are fixed:
permanent (indefinite) use of memory – Art. 265-267 Civil Code (part 1);
lifelong inheritable possession of land - Art. 268-272 Civil Code (part 1);
easement – Art. 274-277 Civil Code (part 1).

The powers of economic management and operational management are regulated by Chapter 19 of the Civil Code. Some nuances are sanctioned:

Article 294 of the Civil Code of the Russian Federation, in terms of powers in economic management;
Article 295 of the Civil Code, which defines the powers of the owner in operational management;
Articles 296, 297 of the Civil Code in relation to state-owned enterprises;
Article 298 of the Civil Code in relation to institutions;
Article 299 of the Civil Code, which determines the procedure for the transfer of powers;
Article 300 of the Civil Code, which regulates the transfer of real estate to another authorized person.