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The Statute of limitation for claims contesting ownership rights to the basement in the MCD

Legal aid 21.10.2019 at 09:45

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In the process of privatization of residential premises in apartment houses, and delimitation of state and municipal property in the early 90-ies of the 20th century, the local authorities could issue the property right on residential premises, and to transfer to the Treasury of the municipality. In some cases, the municipal property received non-residential premises, which are communications of an apartment house. Be aware that the availability of utilities in non-residential premises does not in itself mean that non-residential premises by virtue of the law belongs by right of the common ownership of all owners of apartment buildings. If the owner of the MCD believes that ownership of non-residential premises issued by a municipality illegally, he has the right to contest ownership in court. The Respondent - local authorities can declare the admission of term of limitation of actions that would constitute an independent basis for denial of the claim. In order to establish an effective judicial protection of the rights of the owners of the MCD planned to set requirements on the non-proliferation of term of limitation of actions to requirements on the dispute of ownership rights to residential premises, issued by the local authority.

the Cases of illegal registration of ownership of the nonresidential premises intended for service of apartment houses, quite common in Russia. Primarily the right of ownership on such premises registered by the local authorities. The owners of premises in apartment building are forced to go to court, as the fact of belonging to these non-residential premises to the General property in an apartment house was in the ownership of such premises is to be determined in a judicial proceeding, and the registered right to real property can only be challenged in court. It should be noted that the owners of premises in an apartment house have the right to demand recognition of the right of common ownership to common property in accordance with article 304 of the civil code. The legal position concerning the ownership of common property in an apartment house expressed in the decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 2, 2010 № 13391/09 on the case № A65-7624/2008-SG3-14/13.

In the judicial practice there are situations where the courts denied the claim for the restoration of the violated rights after a three-year Statute of limitations that is associated with the contained in the decision of Plenum of the Supreme Arbitration Court of the Russian Federation from July, 23rd, 2009 № 64 "On some issues of practice of consideration of disputes on the rights of the owners of premises in the common property of the building" explanation. Housing code of the Russian Federation established a regime of common property in an apartment house, based on the principles of unity and indivisibility, in sufficient detail, identified the characteristics and common property in an apartment house, provided the provisions preventing unlawful to exclude elements of the common property of common ownership of owners of premises in an apartment house. The cases of illegal registration of ownership of the nonresidential premises intended for service of an apartment house, a significant influence, primarily for the security of living in an apartment building and so the owners should have the right to protection of their rights at any time. Article 208 of the civil code stipulates the possibility of establishing other Federal laws cases of the disapplication of the limitation period. For example, such cases stipulated in article 9 of the RF, article 58 of the Federal law of 21 November 1995 No. 170-FZ "On use of atomic energy". Given the purpose of the property that affect the security and comfortable living of citizens in apartment houses, by analogy with the above laws, the bill proposes not to extend the limitation period on claims arising out of the relations of possession, use and disposal of common property in an apartment house.