Some residential properties can be divided into shares of
The legislation quite clearly defines the list of premises that can be divided into parts. This is a residential house or its part, apartment or part, room.
Issued fractional ownership in a variety of ways. It can be any deal with the room - from the sale to rent and gift; transfer of ownership by inheritance; the privatization of housing if we are talking about public housing; recognition of the right of ownership by court order. The registration of ownership of shares is the same as in the case of an apartment - through companies house.
What rights does the owner of the share
Share, in fact, it is part of the apartment and use of common areas - kitchen, hallway, bathroom and toilet. Share belongs to a specific person, what is documented, i.e. the certificate on the property right (and here should be specified the size of the share of the total area of the apartment). Its part housing the owner can do the same thing and with a whole apartment to live in it yourself or settle tenants, sell, trade and give. Of course, there are a number of limitations, as he owns part of the property, so it needs to be considered with other owners of the home.
The housing problem in the case of a share has more subtleties and nuances than with other forms of ownership. For example, the share in the apartment is not the same as a room in a communal apartment. It has no clear boundaries, all depends on how to decide and agree among themselves all the owners. A particular challenge in terms of dividing the shares represent a one-bedroom apartment. After all, the universe, the kind where someone lives is fraught with problems and controversy, and sometimes litigation.
But in spite of this, a number of advantages from the use of a share in the apartment the owner is. For example, they have the right to register at that address (i.e. to register). In addition, on a share owner may register any person, even without the consent of other shareholders of the housing.
The only difficulty that may arise is the size of the share and the number of registered. If the organs of the Federal migration service decides that the size of the share is too small for the number propisyvayutsya, registration will be denied.
Owning a share in the apartment gives the owner the right and the ability to arrange Bank loans. However, only the consumer. To lay his share is impossible. As well as to conduct an adequate evaluation of the cost share. There are exceptions when the client can still receive a loan secured by his stake in residential real estate but then interest rates will be much higher.
The owner of the shares in the apartment or house may sell their share if desired. The rate stipulated in the law and no different from an ordinary sale and purchase of the whole apartment.
The only thing that you should consider if the previous owner via the courts or the legal procedure defined the boundaries of its shares, then upon sale of those decisions lose their force. The new owner will need to be repeated.
Duties of the owner of the share
Of course, the owner of the shares in the apartment have not only rights but also responsibilities. One of them is to pay the bills for utilities. For instance, every owner is assigned their own personal account, which is calculated and payment services. But we should remember that the apartment is not communal, and divided in equal shares. Therefore, the total cost of housing and communal services for an apartment will have to divide by the number of existing shares without taking into account living and written. And this is a minus, because in a communal apartment, each owner pays for their living space and according to how many people he had on her was.
Also one of the main responsibilities of the owner of the share is usually manifested in the time of sale. To the owner to sell and the buyer to buy a share in the apartment, the consent to the transaction of all other owners. Generally, under the law, the owner of the share must first offer to buy out the other owners of parts of the disputed property. If they agree, the transaction is carried out easily and quickly. In case of refusal, they must provide to sell written notice of its refusal. This is one of the mandatory documents, which will require the contract of purchase and sale and registration of ownership to the new owner.
In addition, there is a provision that you cannot sell a share in the apartment at a price less than you offered other owners. In this case, they can sue and acknowledge your transaction is illegal.
Naturally, the owner is obliged to monitor the condition of their housing. As a result of any problems, for example leaking pipes, fire, explosion, or gas leak, all will claim to him, too.