Supreme Court: It is impossible to hand over a room without the consent of other owners

Krympress reports:

It is possible to hand over the room only with the consent of all owners of the apartment, it is said in the determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

The precedent was the dispute between his brother and sister from Arkhangelsk. They inherited from their mother an apartment, which was issued in shared property. The brother remained to live in an apartment with his family, promising to redeem the share of his sister, who lived separately. However, he dragged on with a ransom due to other loans and she handed over her room to outsiders. Then the plaintiff went to court — in his opinion, such an act violates the right to inviolability of private life, personal and family secrets. In the lawsuit, he indicated that the instilling of unauthorized persons into the apartment gives him and his child the maximum inconvenience, and the sister thus tries to harm his family and force them to redeem her share at unjustifiably high cost.

The courts of the three instances rejected the lawsuit, but as a result, the Supreme Court of the Russian Federation stood the side of the man:

The disposal of property in shared ownership is carried out by agreement of all its participants … The disposal of property in shared ownership, one owner without the consent of another owner violates the right of ownership of the latter, which in connection with this has the right to judicial protection— said in definition.

The case was sent for re -consideration.

Source: The informational and legal portal «Notaries», the Vredtor: Ekaterina Kolomeytseva

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