Порядок пользования жилым помещением

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Порядок пользования жилым помещением

Порядок пользования жилым помещением

При совершении сделок купли - продажи объектов недвижимости нередко встречаются ситуации, когда порядок пользования жилым помещением  не определен или определен таким образом, что предоставленная часть общего имущества не пропорциональна (например, больше) доле, находящейся в собственности продавца. Какие негативные последствия могут возникнуть у приобретателя? 

Необходимо помнить, что все имущество, которое находится  в собственности двух или более граждан, принадлежит им всем на праве общей собственности. Данное право, в свою очередь, может быть с определением долей (так называемая долевая собственность),  либо без определения долей (совместная собственность).

Участник долевой собственности имеет право на предоставление в его владение и пользование части общего имущества, соразмерно его доле. Он может рассчитывать на ту часть имущества, которая пропорциональна его доле в праве собственности на квартиру. 

При этом, каждый обладатель долевой собственности по закону имеет  право на владение и пользование частью совокупного имущества, соразмерно его доле. Он может рассчитывать на ту часть имущества, которая пропорциональна величине его доли в праве собственности на данное жилье. 

Определить порядок пользования жилым помещением можно несколькими способами. Первый из них применим, в случае если между участниками долевой собственности будет достигнута договоренность о том кто, чем и на каких условиях может пользоваться. В этом случае составляется соглашение. 

Если между собственниками долей в праве собственности на объект недвижимого имущества имеется спор о порядке пользования жилым помещением и достигнуть согласия по этой проблеме по соглашению сторон не представляется возможным, то порядок пользования может установить суд. 

Установленный порядок может изменяться сколько угодно раз. 

Возможна ситуация при которой площадь помещения (например, комнаты), которым собственник пользуется, не соразмерна доле. В этом случае другие владельцы общей долевой собственности имеют право потребовать от него соответствующей компенсации. 

Из этого следует, что при приобретении доли в праве собственности на жилой объект с правом пользования определенной комнатой, метраж которой не соответствует доле, может возникнуть ситуация при которой у покупателя возникает обязанность выплачивать компенсацию участникам долевой собственности. 

В случае, если Вы столкнулись с аналогичной ситуацией, настоятельно  рекомендуем: 

  • Если порядок пользования Объектом не определен, необходимо до отчуждения объекта определить его;
  • Выяснить на основании чего был определен данный порядок пользования жилым помещением;
  • Покупатель должен отдавать себе отчет    о   последствиях,   которые   могут   возникнуть   при приобретении   объекта   без   определения   порядка   пользования   (например,   данный порядок придется определять самостоятельно, возможно в суде);
  • Не исключена ситуация   при   которой   приобретатель   не   будет  пользоваться  приобретенным имуществом, а будет получать компенсацию;
  • В случаях, когда предоставленная часть общего имущества не пропорциональна (больше) долям, находящимся в собственности   продавца   может   возникнуть  обязанность   выплачивать компенсацию другим участникам долевой собственности.  Либо, по их требованию, суд изменит порядок пользования квартирой и предоставит приобретателю иную, меньшую комнату.
На сегодня - это все. Всего Вам доброго.

А. Левыкин

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Порядок пользования жилыми помещениями.Кобяков Э.В.

 

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