Each person has personal items. Virtually all citizens are owners of something. And they have certain rights, duties and responsibilities for property. Today we have to get acquainted with such a concept as the competence of the owner. What it is? What rights do the owners of an item have? What can they do with their property?
Definition
A huge role in the issue under study is played by the concept of property right. This is the name of the opportunity to influence a thing in their own interests, but within the framework of existing legal norms and laws.
In this case, it is important to understand what is called the owner’s authority. The thing is that they characterize the components of property rights in this way. Without them, you can’t influence your property.
Components
The content of the proprietor's rights is expressed in three components. The owner of the item can own, use and dispose of their belongings. Of course, given the current laws of the country.
In other words, the concept under study consists of:
- possessions;
- use;
- orders.
If there is not at least one clause, then ownership does not take place. So, a person cannot be called the owner of the object.
About ownership
Now a little about each component. The proprietor's ownership of the property allows you to physically control the thing by all available legal means.
Usually ownership is confirmed by title documents (for example, extracts from the Unified State Register of Legal Entities). Possession is legal and illegal. In the first case, control is carried out by law. In the second - with violations of applicable law.
Illegal possession is divided into fair and unscrupulous. The first term characterizes the control of property when a citizen does not have a clue that he actually does not own the thing or object. Unfair possession implies intentional violation of the laws of the country with the aim of owning property.
Use
The next important component is use. This power allows you to exploit things in their own interests. More precisely, use them to satisfy personal needs.
The right to use appears not only with the right of ownership. For example, under a social contract of employment, citizens can live on a particular area, that is, use it. But no more than that. All other housing activities are not available to them.
Order
The proprietor's authority, described as an order, plays an important role, in particular for real estate. The thing is that this describes the citizen’s right to determine the legal fate of an object.
The owner of the property may donate, sell, repair, destroy, destroy and so on. He himself determines the circle of persons who are allowed to use the property.
Examples
Now it’s clear what the powers of the owner are. Examples of them will be indicated below. In particular, in relation to the power of disposition.
How to manage property? With it you can make any legal legally significant transactions. For example:
- sell;
- alienate;
- to give;
- exchange;
- to provide as collateral;
- to lease;
- Allocate shares to other citizens.
All this, as already mentioned, determines the legal fate of the property.
Power Transfer Methods
How can rights under study pass from citizen to citizen? In Russia, there are many ways to get property into property. Especially when it comes to real estate.
The powers of the owner are transferred to other citizens:
- under contracts of sale, gift, alienation;
- by court decisions;
- upon privatization of housing;
- at the time of receiving state aid;
- when you win something;
- in order of inheritance.
As previously noted, property rights are documented. For example, an appropriate certificate or extract from the USRN. It is not so difficult to get these papers under legal ownership of property!
About implementation
How is the realization of the rights of the owner? Usually the owner of the object owns, uses and disposes of his property. But, as already mentioned, the owner himself determines the circle of persons who are allowed to use one or another subject. Also, the owners themselves prohibit the use of their belongings.
Minors and incapacitated persons usually exercise their powers through legal representatives - authorized persons or relatives. For example, parents or guardians.
Legally capable citizens can transfer their powers to proxies. In this case, to exercise the rights you have to draw up and sign a power of attorney. The document indicates all the possibilities that a citizen can exercise in relation to a particular object on behalf of a trustee.
Competency and Housing
Things are somewhat different with the competencies of homeowners. Since 2005, Russia has provided for several forms of exercising the right to housing under the Constitution of the Russian Federation. These include:
- use of property rights;
- use of housing under a social contract hiring;
- membership in housing cooperatives.
Legislation allows apartment owners to use them only for their intended purpose. This means that if the room is allocated for living, then it is impossible to organize a medical office or a nursery in it. Only after obtaining special permission.
Also, the owners of residential premises can use their property alone or with other citizens. Use of housing for business, if the interests of other residents are not affected, is not prohibited. For non-compliance with these rules will have to bear responsibility.
In addition, the rights of the owner in residential premises are limited by the current Housing Code. So, for example, if the owner of one apartment wants to listen to music at full volume at night (use the property for relaxation), then this act will be considered a violation. After all, it violates the rights and interests of other residents. All this must be taken into account.
Forms of ownership
An important role for the implementation of competencies is played by the form of ownership. It is different in Russia. Most often the following property is found:
- private;
- state;
- municipal.
In the first case, the owner will be an individual or organization, in the second - the state, in the third - the municipality.
Property in this case is:
- absolute;
- shared;
- joint.
What do these concepts mean? They are important for the eligibility of the owners. Possession, disposal, use in all situations will be implemented in different ways.
Absolute possession
If there is absolute private property, this means that the property has only one owner. This alignment allows you to dispose, own and use the object only to its owner and to persons whom the owner has allowed to use the object. Usually, the exercise of authority is done personally by the owner.
Joint property
Increasingly, citizens have joint ownership. Especially when it comes to spouses. Their property is considered to be all that was acquired during the years of marriage.
With joint ownership, the rights and powers of the owners will be the same. All owners of the property equally can own and use property. But for legal transactions will have to obtain the consent of all owners of the operation. Moreover, as practice shows, in writing.
Shares
What to do with shared ownership? In such circumstances, citizens have specific shares in the common property. It is the allocated parts that they can fully own, use and dispose of. No consent for legal operations is required.
But it is worth remembering that if you want to sell a share in housing, then the right of preemptive purchase will be other owners of the object. If they refuse to buy back a share, it is permitted to sell it to third parties without any problems.
Registration of property rights
The content of the property right (owner’s authority) is already known to us. And how to arrange property for yourself?
It all depends on the circumstances in which the property is acquired. Most often, you just need to get the basis for registering the property in your own name, and then come to the IFC or Rosreestr to realize the idea.
On the example of inheritance, the process of obtaining real estate looks like this:
- Agree to accept the inheritance. To do this, you will have to write a statement with the consent of a notary. The action is performed after the death of the testator.
- Get a receipt on the inheritance of property.
- Come to Rosreestr with some documents (receipt, death certificate, passport, real estate documents) and apply for the issuance of a title document.
- After 5-10 days, pick up the finished paper at the registration authority.
As soon as a citizen takes ownership of the property, he will be able to legally own, use and dispose of it. No one except property owners can determine the fate of objects legally. And even more so, make deals with them. Even the guardians and trustees need to obtain the permission of the guardianship authorities to exercise the powers of their wards!