Abstract

The consequence of a damage of premises having a separate ownership title is for many reasons an extremely interesting issue, arouses considerable difficulties in the jurisdictional practice and is insufficiently discussed in literature. At present, it is not regulated by the legislator although it is of utmost importance for the entitle persons, who need to clarify their legal situation in connection with a frequently dramatic event of damage to the premises. It requires clarification of the relationship between the existence of and the right to the premises, the status of the rights to land in case the premises are damaged, as well as indication of legal instruments that may serve exercise of the rights of people involved in connection with the damage. Aa legal assessment should take into account a number of additional issues, especially various forms of damage of the premises as well as whether the premises have been part of an ordinary co-ownership or a housing association.