The case of the Supreme Court of the Russian Federation on the illegal use of a plot of land that is privately owned: comments by V. Velichko
Events
The Head of Real Estate and Construction practice of Avelan Law Firm Veronica Velichko shared her expert opinion with Kommersant newspaper regarding the possible results of an unusual dispute, which the Supreme Court of Russian Federation will soon consider.
The main question of this case: who is responsible if part of the land purchased by the investor could not be used — in absence of surveying it was used as a cemetery.
The preamble of the court case is as follows. In January 2010 shareholders of Closed-End Mutual Investment Fund “Mikhailovsky-Rentny" got in co-ownership a land plot of 72.6 thousand square meters in New Moscow on the territory of Closed Joint Stock Company "Kuznetsovsky plant”. Rudnevskoye cemetery was located on the adjacent plot, this land was transferred to the State Budgetary Institution “Ritual” by the Moscow Property Department in 2018.
Veronica Velichko believes that there is a violation of the law, the plot (its part) should be withdrawn for state needs with the payment of compensation to the owner.
“In any case, it is definitely a call to all participants of circulation to check plots for purchase more thoroughly. I think that an in-depth due diligence would have discovered the violation and revealed the risk of imposition”, summed up V. Velichko.
Read more at the link (only in Russian language).
