Premises with burdenning: my and not my?
In some cases owner of object of premises can turn out to be is limited in rights on its property. Such restrictions name burdenning. In legal literature a burdenning define as "presence stated by law or accreditted organs of conditions, prohibitions, restricting legal owner at realization of ownership or other property rights on concrete object of real estate". Burdenning the object can appear on the grounds of deals, perfect owner (delivery in lease), law (the arrest of property), act of organs state authorities (сервитут), taken effect decisions of court. The Legal reasons of restrictions different, but all of these, anyway, limit the right of owner. When, burdenning allows the owner to order its object, but if it will sell the object or will send other person of right on it, that burdenning goes to new owner together with object.
One of the most often meeting burdenning - lease of premises. If owner will deliver premises in lease, but hereon will sell the object whomever, that lessee has the right to use leased object on the same terms, as before deal bathe-sale until will expire the period of agreement.
Though, at desire, owner will be able to obtain the terminations of agreement or compel the lessee its terminate, for instance, having found that that broke some from items of agreement.
Limit the right of owner can and сервитут. Сервитут - Right of limiteded use someone else земельным an area or real estates.
Сервитут Exists, for instance when through земельный area, pertaining to whomever, is laid the road, is built the pipe line, line электропередачи and пр. Сервитут Can be private and public. If сервитут is fixed in interests concrete physical or juridical person, that this - private сервитут. For instance to pass on datcha, person necessary to cross the neighbor's area. The Agreements reached between these neighbours, on essences, will сервитутом. The Owner has the right to require the money compensation for use of its area. If work out acceptable for both parties of term does not manage, сервитут can be installed on decision of court. Public сервитут will be in that event if circle of its legal owners is not determined. If through same garden area will pass not lane on neighbor's datcha, but road through дачный village, that this will already be public сервитут. Public сервитут is fixed the organs state authorities or local home rule. The Owner of area can claim damages or ransom of this area if сервитут disturbs the realization of ownership.
Burdenning the object to premises will and guarantee. Make some deal with mortgaged property possible with the consent of pawnbroker only. Confidential management - one more reason, on which owner of premises can not do with her all that will want. If and when property is transferred in confidential management, ]transition of ownership to controlling does not occur. One,will realize confidential management, is obliged to act in interests of owner. Under any deals with premises, residing in confidential management, necessary documents, confirming authorities controlling (the agreement, decision of court and пр.).
For instance, building company has gained the old building from the centre not far away to carry its and build on this place a dwelling, business- or shopping center. But at co-ordination of demolition of construction turn out to be that it is recognized by monument and can be not carried. Sell such building hardly to be, since commercial value it represent not will. Reconstruct and somehow use its will too be непросто, after all any economic, building and other work are allowed for the reason conservations of monument only. Use of such building by no means must threaten him damages or destruction.
If owner breaks the rules use the object, recognized by monument of history and cultures, he threatens the fine. On decision of court, right of owner on use of premises can be limited or are in general stopped.
Learn of presence of burdenning beside one or another object possible, having applied to organs, realizing registration of rights on real estate. Regardless of that, on what reason appear burdenning, it will is pleasing in United state roll of rights. At completion of some deals with premises rs the extract thereof document.
Named burdenning (with the exclusion of сервитута) can concern both commercial premises, and veins. Only, veins concerns such burdenning, as rent. According to agreement of rent an owner of apartment (рентополучатель) agrees after its death to transfer the apartment приобретателю provided that it will pay him determined amounts or render other help (take care of retiree, gain the products and medicines). Приобретатель Can not order the apartment until it does not move over to its property. Before this moment of any operations with apartment it must produce only with the consent of рентополучателя. In the event of arising the conflict a master of apartment (рентополучатель) can terminate the agreement. In this case it will remain the owner veins. Quite often happens that grantees of rent in a certain time try to terminate the agreement ("familiar have advised"). Declaring in court that приобретатель does not execute their own duties on agreement (does not bring any medicines, does not pay any money), they enough often win an action. When wasting, which carry;sustain;incur приобретатель, sooner whole, are indemnified not will, since beside solitary of retiree are hardly found on this facility.
Some comprehensive list of burdenning until it is formed. On statement of owner can be registered any burdenning the property right. Avoid the misunderstandings, appearing because of burdenning, will help careful checking the object of deal and refusal of participations in doubtful operations.
Авг. 8, 2008, полночь
