The Kraft Heinz Company

Core of the Case

According to the real estate cadastre, in the middle of the client’s site there is another site that does not belong to him (public). At the same time, part of one of the client’s buildings, built back in the 1950s and 1960s, enters this public area. Based on the results of the inspection, Rosreestr issued an order to demolish this building located on the site of other person, imposing an additional fine for unauthorized occupation of a plot belonging to other person. The task is to cancel the fine and prevent the building from being demolished.

Scope of Services

An application for recognizing the fine as illegal was prepared and submitted to the court, the case was considered in a simplified manner.

Achievements, Results, Importance, Significance of the Project

According to the results of the case, the fine was declared illegal. We managed to prove that there was no unauthorized occupation of the site: the client’s company has existed since 1990-2000, and the building was built long before that. It is proved that there is a cadastral error and technically incorrect demarcation of boundaries, since according to the Land Code of the Russian Federation interspersing plots into other plots is not allowed. There was a real risk of demolition of one of the main production buildings of the client, which would completely stop the production process. This has been avoided. The importance for the legal system lies in the fact that such cases form a judicial practice allowing to navigate in matters of fine distinction between cases of occupation of a land plot and an ordinary cadastral error (mistakes of land surveying, etc.), which in practice can turn out to be very difficult and non-obvious.

Case File

А56-50051/2018