Realise the right to a share the interests in common property of an apartment building

In all times, property has been a key aspect that determines both the development of society as a whole and the fulfilment of the biological, social and spiritual needs of individuals. Property may have different legal regimes, including fractional interest. Realising rights to participatory share ownership is an effective mechanism for securing peoples' needs. The development of society, including its urbanisation, has given rise to the phenomenon of apartment buildings where the premises are usually owned by different persons. In addition to the premises listed above, there are other items of property in the apartment building that are common property. Despite the fact that the legislator has defined the regime of common property in an apartment building as the regime of common shared ownership, there are a number of significant distinctive characteristics of the realisation of the right to a share in it, the identification of which was the subject of this study. As a result, it is stated that the functional purpose and type of individual elements of the common property in an apartment building predetermine the scope of realisation of the right to a share in it. At the same time, the right to a share in the common property in an apartment building is a right siu generis, i.e. a right of a special kind.