Lawyers: an abandoned house can be appropriated after 18 years of honest living Reported by RIA Real Estate.
Vasily Sosnovskiy, partner of the law firm Genesis, advised to first make sure that such housing really does not have owners. If the owner has not been found, the person can occupy an empty house and live in it openly without notifying the municipal authorities. After 15 years, he has the right to appropriate the property, if during this time no legitimate claimants have appeared on it and there is an opportunity to prove the fact of permanent residence in it.
Lawyer, head of Saunin Law Practice Andrei Saunin, in turn, noted that this period begins to operate only after the owner of the facility has not filed a claim for reclamation from someone else's illegal possession for three years. “It turns out that over the course of 18 years, ownership must be continuous, open and conscientious. The tenant must take care of the land plot, carry out planting work, pay for utilities, “the specialist said.
He added that in the event of the death of the owner of the house and his lack of heirs, the property falls under the concept of escheat and has the right to formalize the ownership of municipal authorities. If this does not happen within three years, then the acquisitive prescription begins to flow. After 18 years, the right of ownership for the new owner on the basis of acquisitive prescription arises by a court decision.
Earlier, the lawyer of the Genesis law firm Sergey Timoshenko spoke about the possibility for Russians not to pay tax on an apartment. As the expert noted, residential buildings, apartments, rooms and objects of unfinished construction are subject to tax on the property of individuals. But when calculating the tax, a deduction of 50 square meters for residential buildings, 20 square meters for apartments and 10 square meters for room owners is provided.