Ground area in the structure of community property of an apartment building: comments on the board of judges’ definition on the economic arguments of the Supreme Court on February 17, 2015 in case № A51-27083 / 2013

The ground area with the elements of gardening, where there is an apartment building, is a common property of the apartment owners in that building. But what should be done, if the boundaries of the ground area are not identified? In the case №A51-27083 / 2013 on February 17, 2015 the Supreme Court of Russia recognized in that event this area is not the possession of the apartment owners. This decision contradicts the previously made judgments and severely restricts the possibility of defence.