a Resident of Moscow has seized the Moscow Department of city property two-room apartment near the metro station “Kolomenskaya”. He lived in it for 25 years, although formally entitled to only half of the room. It is reported RIA Novosti with reference to Alexei Mikhalchik, the lawyer of the landlord.
According to the lawyer, half of the apartment a man had inherited a quarter of a century ago from a deceased great-grandmother. The other half belonged to his distant cousin, but to prove the relationship of the Muscovite could not, and because the share were not decorated in the property. Muscovite illegally occupied the entire apartment, and openly lived in it, paying utilities. Rights for the second half of the apartment no one will be charged, although formally, in the absence of heirs, she had become the property of the municipality.
In 2020, the court recognized the right of the Muscovite orphan share in the apartment — he may be considered the legal owner by right of prescription “The plaintiff for a long time in possession of the disputed flat, took measures for the preservation of said property, bore the burden of his detention”, — quotes Agency the extract from the court decision. The Department of city property tried to challenge this decision, but the court recognized it lawful.
the Right of acquisitive prescription implies that capture housing or other object is allowed when the real owner of the property not involved in his fate, and the applicant, on the contrary, conscientiously, openly and continuously owns real estate within 15 years or more. In November 2019, the legality of this method to seize someone else’s property was confirmed by the Supreme court of Russia.
