PROBLEMS THAT ARISE WHEN CONDUCTING CADASTRAL WORKS IN RELATION TO LAND PLOTS UNDER LOW-RISE APARTMENT BUILDINGS
Rubrics: AGRICULTURAL ECONOMICS AND POLICIES
Authors:
1.
Krasnoyarsk state agrarian University
2.
Krasnoyarsk state agrarian University
Type:
Article
eLocation:
Status:
Published
Received:
06.08.2020
Accepted:
15.08.2020
Published:
25.08.2020
Language:
Russian
Keywords:
kadastrovye raboty, zemel'nye uchastki, maloetazhnye mnogokvartirnye doma, zhilye doma blokirovannoy zastroyki
Abstract (English):
The article deals with the problems of cadastral works in relation to land plots under low-rise apartment buildings. In the course of the research, the main similarities and differences between blocked and multi-apartment buildings, as well as the specifics of cadastral work on land plots under them, are considered and analyzed. The land plot and property of an apartment building is collective property, and each family has a share that corresponds to its share of ownership. The owner of a house or a blocked development can have their own Autonomous land plot, which is registered as property. Residential buildings of blocked development belong to multi-apartment buildings, although their significant difference from apartments is the possibility of access to common areas, as well as the lack of common premises. Within the framework of current legislation, it is possible to formalize a land plot in the ownership of a low-rise two-apartment (or more) house in the following way:: to admit the semi-detached house apartment, plot to make into common property; to supply the parts (individual units) of a residential building in the cadastral register, the land issue under part of a house, in the house of the blocked development, under the appropriate unit, and not a single plot under the house, under the apartment. To form a residential building of a blocked development, its reconstruction is required. The solution to this problem may also be an appeal to the court to recognize it as a house of blocked development. In a detailed study and analysis of legislation in the field of land and property relations, it was concluded that on the scale of the country, regions, or individual localities, such problems would be convenient to solve when conducting complex cadastral works, when both land plots and capital construction objects located on them are registered. Preparation of documents for cadastral registration and registration of rights must be carried out for blocks of residential buildings, both low-rise apartment buildings and houses of blocked development.
The article deals with the problems of cadastral works in relation to land plots under low-rise apartment buildings. In the course of the research, the main similarities and differences between blocked and multi-apartment buildings, as well as the specifics of cadastral work on land plots under them, are considered and analyzed. The land plot and property of an apartment building is collective property, and each family has a share that corresponds to its share of ownership. The owner of a house or a blocked development can have their own Autonomous land plot, which is registered as property. Residential buildings of blocked development belong to multi-apartment buildings, although their significant difference from apartments is the possibility of access to common areas, as well as the lack of common premises. Within the framework of current legislation, it is possible to formalize a land plot in the ownership of a low-rise two-apartment (or more) house in the following way:: to admit the semi-detached house apartment, plot to make into common property; to supply the parts (individual units) of a residential building in the cadastral register, the land issue under part of a house, in the house of the blocked development, under the appropriate unit, and not a single plot under the house, under the apartment. To form a residential building of a blocked development, its reconstruction is required. The solution to this problem may also be an appeal to the court to recognize it as a house of blocked development. In a detailed study and analysis of legislation in the field of land and property relations, it was concluded that on the scale of the country, regions, or individual localities, such problems would be convenient to solve when conducting complex cadastral works, when both land plots and capital construction objects located on them are registered. Preparation of documents for cadastral registration and registration of rights must be carried out for blocks of residential buildings, both low-rise apartment buildings and houses of blocked development.
Keywords:
kadastrovye raboty, zemel'nye uchastki, maloetazhnye mnogokvartirnye doma, zhilye doma blokirovannoy zastroyki
kadastrovye raboty, zemel'nye uchastki, maloetazhnye mnogokvartirnye doma, zhilye doma blokirovannoy zastroyki
