IF YOU ARE CAUGHT...

PAYING FOR A SCAM

Dima Kocherov's apartment was small, one-room, but it was enough for him. Until he inherited this odnushka, he used to live with his grandmother - a disabled person of the first group - in a small apartment. A one-room apartment in the house where Dmitry ...

Dima Kocherov's apartment was small, one-room, but it was enough for him. Until he inherited this odnushka, he used to live with his grandmother - a disabled person of the first group - in a small apartment.

He inherited a one-room apartment in the house where Dmitry was born and raised, near the Novogireevo metro station, from his father. He was not the only heir to his father's property - the apartment went to two - Dmitry and his half-brother Oleg. My brother had a place to live, and he never made claims to his half - at one time he had already received an apartment from his father. But a few months ago, instead of his brother, strangers appeared in a tiny one-room apartment - Igor Tunyakin, along with his wife and elderly mother.

Without sharing a personal account, without a court decision, the Tunyakins broke down the door to the apartment while no one was at home. They invited the police to the hacking procedure, "so that later there would be no complaints." They confirmed their right to move into this particular apartment with an agreement on the purchase of half of the apartment that belonged to Dmitry's half-brother. Each of the Tunyakins purchased 1/6 of the part, and the living area there is only 19.4 meters.

The Tunyakins came to Moscow from the Voronezh region. They bought half of a one-room apartment from their brother Dmitry through the Moscow Lights real estate agency. No one offered Dmitry himself to buy out the share, although, according to Russian law, he has a pre-emptive right to do so. The agency claims that the offer to buy was sent to Dmitry by telegram, but he did not respond to it. Dmitry's silence was interpreted by the notary who accompanied the transaction as a refusal to purchase. The notification of the delivery of the telegram even bears a note that Dmitry received it, but he himself claims that no messages were delivered to him that the other half of the apartment was under the hammer.

In general, it remains unclear how the Moscow Lights agency managed to sell half of a one-room apartment to three different people. The Housing Code recognizes only isolated premises as the object of transactions. However, Alla Shegal, the agency's lawyer, refers to the 246th article of the Civil Code, according to which the participants in shared ownership are free to dispose of their property as they please, while respecting the preemptive right to purchase on the part of the co-owners.

- The Civil Code in this case prevails over the Housing Code, - Mrs. Shegal believes. - The Civil Code is primary, it has been operating for a long time. The legality of the transaction can also be confirmed by the fact that it was registered by state registration authorities. If they saw a violation on our part, they would not do this.

Alla Shegal, however, does not take into account the 10th article of the Civil Code, which prohibits the abuse of rights. In addition, as a lawyer, she should be aware of the plenums of the Supreme Court, which repeatedly prohibited the sale of a share in housing without an isolated exit.

The new tenants settled in quickly. From the first minute they were very active. They broke the door and changed the locks. I repeatedly applied in writing to the 102nd police department, the Perovskaya prosecutor's office, but received only replies, ”says Dmitry. - I talked with specialists and found out that my case is quite common. Fraudsters buy shares together with living people and begin to “unwind” them. They have found a loophole in the law and skillfully use it.

Despite the fact that the Tunyakins took the apartment without looking, without even once examining it, they clearly liked it. They moved their things there and began to establish their own rules. Dmitry's relatives - mother, sister - were driven out by settlers at ten o'clock in the evening under the pretext that they were not registered in this apartment.

Dima began to visit his house less often, moved back to his grandmother. New tenants once staged a real fight. Dmitry recorded injuries, and a criminal case was even opened against a neighbor, which, however, was quickly closed. The district police department did not find corpus delicti in his actions.

“These people from the very beginning declared that they were the masters here,” says Dmitry. “They said they didn't care if we sued them. They said that they would leave only if we paid them a separate rented apartment. But I was born and raised in this house.

Dima and his relatives asked the new neighbors why they bought a house that is virtually impossible to live in. Neighbors laugh in the face and offer Dmitry to buy his half on the cheap. Experts say that the sale of a share in an apartment has been a very popular, albeit dubious, business for some time now.

“The fact is that the ownership of a share in an apartment is in no way tied to the right to use the footage in this room,” says Vladislav Budovnits, Dmitry Kocherov's lawyer at the upcoming trial. - You can buy one thousandth of a one-room apartment, move in with all your belongings and simply survive the co-owners. Such deals are made by people who abuse their rights, people who live by the principle “the strongest wins”. On formally legal grounds, they occupy an apartment in order to buy it all for next to nothing.

Russian realtors have long been drawing the attention of legislators to the fact that the situation with the sale of shares is still unsettled.

- Transactions, the object of which is a share in indivisible property, is a sore point of our housing market, - says Konstantin Aprelev, vice president of the Russian Guild of Realtors. - In my opinion, German legislation, for example, is much more reasonably organized, which prohibits the sale of a share of property that cannot be allocated for circulation.