Preservation of encumbrance on residential property when changing an owner

The article is devoted to a problem of encumbrance. Experts of the civil law are still carrying on disputes regarding legal nature of the encumbrance, in particular, the encumbrances of real estate objects. The problem of the encumbrances still remains poorly studied, but important both in theory and in judicial practice. The article discusses the issue of the residential property encumbrance by the owner’s family members or other persons lodged as the family members. Besides, the author deals with the incompetence of the owner’s family members in case of its alienation. This subject is studied both from the perspective of theory and practice, the author considers some judicial cases. In the conclusion there set forth suggestions aiming to correct legislation lacunas.