Projects
Representation of a development company’s interests in a dispute over the land plot area significant increase
Kachkin & Partners lawyers successfully challenged the illegal refusal of St. Petersburg Property Relations Committee from the previously given consent to land plots redistribution between public and private lands.
Since the procedure for redistribution has appeared only two years ago in the legislation, law enforcement practice is extremely small, and there is practically no judicial practice for its implementation, many disputed issues have been investigated by the court for the first time. Under these conditions within three court instances the company’s experts were able to prove, that after the issue of agreement to land plots’ redistribution in public and private property a public authority may not call off such consent, guided by the arguments «changed his mind» or «too much», but must act exclusively in accordance with the requirements of the Land Code of the Russian Federation.
Taking into account the fact that one of the aspects considered by the court was the concepts of «interspersing» and «overlapping», that have no legislative definition, but with which the law binds certain legal consequences, Kachkin & Partners lawyers also proved that these parameters are an attribute of the two sites ratio, and not a characteristic of one of them.
The principal importance of the dispute was the possibility for the site’s owner to significantly increase its area in connection with site’s «additional purchase» prescribed by law by bringing it in line with site design and boundary-setting plan (in this case, the matter involved about 40% of additional land area).
