News
Dmitry Nekrestyanov took part in the round table “Real estate cases”
At the Russian Auction House ground for discussion and in the context of the round table «Real estate cases» organized by the Russian Guild of Managers and Developers Dmitry Nekrestyanov, Head of Legislation Committee of the Russian Guild of Managers and Developers, Partner, Head of Real Estate and Investments Practice at Kachkin & Partners, Olga Anikina, Associate at Baker & McKenzie, and Olga Mischenko, Senior Associate at DLA Piper, reviewed the following issues:
1. Declaration of title for newly developed objects – problems of court practice in the light of clarifications of the Plenum of the Supreme Commercial Court of the Russian Federation and the Supreme Court of the Russian Federation № 10 / 22.
2. Challenging of city development plans and land use and development rules.
3. Evaluation of legal nature of investment payments to the city in the Supreme Commercial Court of the Russian Federation positions and their application to specific disputes.
4. Issues of acquisition (including registration) of a right to a limited use of other’s real estate object:
• Failure risk degree in creating of a servitude – may the needs of the neighboring object’s owner be satisfied without creating of a servitude?
• Is there any alternative to a servitude agreement?
• Restructuring of ownership of the object in favor of the owner of which a servitude is created
• Acquiring of an object in case of the necessity of servitude creation for the purpose of further development which parameters might yet not be quite determined, and at the same time taking into consideration the possible change of the owner of burdened object in future.
5. Practice of buildings’ cadastral value challenging and possible perspectives in this connection.
PhD in Law
Partner
Head of Real Estate and Investments Practice
Attorney