Right the dwelling real estate in composition an inheritance

Abstract

Problem setting. In the article researched the problems of inheritance of housing of a physical person.

Recent research and publications analysis. In accodiance with art. 379 of  Civile Code of Ukraine housing of a physical person shall be an apartment house, a flat or other premises intended and suitable for permanent residence.

Paper objective. Rights are investigational on a dwelling-house, apartment, other objects of the dwelling real estate, which enter in the complement of inheritance. The analysis of separate types of habitation is done, including apartments, rooms, other dwellings apartments.

Paper main body. A question is affected about correlation of rights on a dwelling-house and on lot land which he is located on. As as a result of the conducted research an author interpretation of the article numb. 1225 of  Civile Code of Ukraine about succession of the Right to a Land Plot. Persons inheriting houses, other buildings and constructions shall acquire the right to ownership or use of the land plot under the said constructions. Persons inheriting houses, other buildings and constructions shall acquire the right to ownership or use of the land plot necessary for maintenance thereof, unless other size of the land plot is specified in the will.

Conclusions. It An area passes to the property or use of heirs, if it was given in accordance with established procedure, scope, certain at a grant, on condition that person did not make a testament in relation to disposing of lot land, proper him on the right of ownership.