If someone has something we steal, we can go to the police, and if the thieves are caught, our property (immediately or over time) will be returned to us. If someone spoil our personal thing, we can seek compensation for damages. Even goodwill is evaluated and compensated through the courts. And what happens when the price of losing our apartment? And through no fault of the elements or crisis, but because of very specific actions easily identifiable people?
If we flooded the neighbor above, no special surprises we should not wait. Either he is a decent man, himself, and without prodding us to pay the sum that costs forced repairs, or DES (or an expert of a private firm) estimates the damage, and further charged with a neighbor put everything on the law by well-known acts.
If we do not fill with a neighbor, and the rain, finding a hole in the roof svezhepochinennoy DEZom money for the restoration of the presentation are taken from the apartment Deza. A little more troublesome, but no less successful.
But we all know that the price of the apartment is composed not only of the safety of its walls and floor. It affected by factors such as the floor where the apartment is located, the social composition of the neighbors, the material from which to make the house, proximity to subway and other means of communication with the outside world, and even the view from the windows.
What if something happens to these components of the price of our property?
It is clear that the closure to repair a nearby subway station - a temporary thing, and our real-estate assets, most likely, will not be affected. Again, hardly a brick house would suddenly turn into a block-panel, the mount of his tenants.
Neighbors, of course, may change, and the place mileyshey intelligent old woman on top may well settle family of alcoholics and brawlers. Why? In this case, unless, of course, the potential buyer will notice this lamentable change, will sell an apartment complex. But the blame here, except in the case will be nobody. Consequently, there is nobody would claim damages.
But we want to consider a different case. And not even one, but two.
The first case: a sudden change of number of storeys
There was one owner apartment on the second floor of a beautiful Stalinist home. And cost, respectively: how nice apartment on the second floor. But unfortunately for the owner of the power utilities have come up with better lives. It reflected the fact that right under the windows of this beautiful apartment paved the hanging pipe. Whether it went on Russian gas, or even how necessary in the national economy substance ... We, in contrast to the host, it does not knows. But the owner knew, and who paved the pipe, and why. But not this knowledge tormented him, but quite another.
Since the pipe is hung between the first and second floors, and was quite wide and passable for people, his apartment was not cost as before, but as real estate, located on the first floor. Market law. That is lost in the price of ten to fifteen percent. His property is devalued. And whoever it depreciated, was known.
Case Two: Loss of species
Another apartment was originally located on the first floor. But the floor was a tall, good apartment, and the view from its windows evoked admiration and envy of relatives and friends of the owners. For windows opened up the prospect of the park, the Cathedral of Christ the Savior, and Peter sculptor Tsereteli. Owners themselves from Peter enthusiasm is not choked, but the guests loved it. Again, from spring to autumn questionable Peter obscured their canopies trees in the park.
And even before windows has a small meadow, planted with rare, but beautiful and, in the center of Moscow, very useful trees. It was on this meadow and target development company, which decided without fail to build on this piece of land is small (only a four-story) and hence a very elite club house.
Naturally, the residents of the old house mutinied, and went on instances, even sued, but nothing has been achieved. And so between the house and the park appeared structure. Even knowing the new Moscow architecture, such terror it was difficult to expect.
Not only that contours It was like a mausoleum, but only a few spans the length and the prohibitively high, it is also the color had become a tomb eternally living revolutionary: a dark red brick, but still trimmed with tarnished copper, in any light, but bright the sun (which, incidentally, in the gap between the two houses did not look), which looked somewhat dark and mysterious brown-plastic.
And so it was replaced by "elite" view from the windows at some unknown abomination. And, as we know, the view from the window can add from 25 to 40% of the value of the apartment. If on the sixth floor and above the kind of deteriorated only slightly, in the fifth, fourth and second cases were obstoyat, respectively, worse and worse. But on the first full review has taken a monster. Who built it - not a mystery, is also not anonymous and the one who authorized the construction.
Questions to the lawyer:
We see that in two specific cases, the hosts lost their hypothetical money - down the real price of their property. And in both cases, we know exactly who to blame for the loss. Can I, went to court to demand damages from the guilty? And how exactly does this asleduet do?
Reply lawyer Leo Ivanchenko:
Compensation for damages may claim only if the losses are real, and the tortfeasor acted illegally. For example: documents for construction were fake. Or project laying pipeline on the facade was not coordinated with the architect.
Changing the market value of property due to legal (and even illegal!) Urban planning is not a real loss. Even more, is not a loss at all.
In addition, shaking his "secret and sacred" economic rights, need to think about whether their perpetrators are also something like a human. In this case, is likely to have. As much as we may be annoyed.