Real Estate · Dispute Resolution
Restoration of Boundaries and Recovery of More Than 300 Hectares of Agricultural Land
Successful representation of the owner of an agricultural land plot before courts of three instances in a dispute concerning restoration of the plot’s original boundaries and area.
Solution
The dispute arose after Rosreestr (state registration body) erroneously amended the registered area of the land plot, reducing it by more than 300 hectares. During the period when accurate information was absent from the Unified State Register of Real Estate, a third party unlawfully formed a new land plot within the client’s plot and took possession of the disputed territory.
The work included preparation of procedural documents, obtaining and reviewing land-registry files, negotiations aimed at an amicable settlement and arranging a land-survey examination.
Following the expert’s finding that the plots overlapped by more than 98%, the court satisfied claims for recovery of the land plot from unlawful possession, exclusion of the defendant’s plot from the Register and restoration of the client’s plot’s original boundaries and area.
The judgment was affirmed by the appeal and cassation courts. The Supreme Court subsequently refused to refer the opposing party’s application to the Judicial Chamber for Economic Disputes.
Result
As a result, the client obtained the opportunity to restore its rights to more than 300 hectares of agricultural land. The case is also relevant to legal practice, confirming the possibility of recovering land where errors in the Unified State Register of Real Estate have resulted in an almost complete overlap of land plots.