Land Under The Apartment Building - Whose It ?!

In recent years, the residents of our district, began to find in their mailboxes information, calling for citizens - owners of flats in apartment buildings, the need for privatization of land on which is residential property, because otherwise the land will be sold to anyone who has contact with the suggestion of his redemption. However, we hasten to assure you it is not so! Each apartment owner in the apartment house owned by him, together with the premises occupied by the apartment belongs also to share in the ownership of the common property of the house, according to article 289 of the Civil Code. The land on which is your apartment building, according to Clause 1, Article. 1936 Housing Code, part of the common property of an apartment building. The share in common ownership to common property in the apartment house owner room in this house is proportional to the size of the total area occupied by the premises (paragraph 1 of Article 37 lc RF).

Under the Civil Code (Article 131), ownership and other rights in rem in immovable property, the limitations of these rights, their origin, transfer and termination are subject to state registration in the unified state register of the authorities responsible for state registration of rights to property and transactions with it. The order of this register established by the Federal Law of 21.07.1997 N 122-FZ "On state registration of rights to immovable property and transactions therewith" (hereinafter - 122). In particular, Article 23 of the Act, found that State registration of, transfer, restriction (encumbrance) or termination of the rights to residential or non-residential premises in multifamily housing is also a state registration is inextricably the associated right of common shared ownership of common property. Because the land under the apartment building, part of the common property of an apartment building, so the right of common shared ownership of it arises from the owner of the premises in an apartment house, the state registration of title to such premises. For information to inform you that the only possible option, if where possible seizure of the land on where your apartment building, a redemption of land for public use, procedures and goals which are established in Article 49 of the Land Code, Article 279 of the Civil Code. In this regard, I recommend thoroughly and carefully check the information with the threat to the integrity of your property.