Konstantin Boytsov has talked with Novy Prospekt about the current practice of resolving disputes regarding the division of land plots

Residents in Toiva are involved in a complex dispute over the legality of the division of the land on which their homes stand. In the residents’ opinion, any land transactions should be agreed with the owners of the apartments, since the land automatically passes into their shared ownership. Among the co-defendants in the claim is the developer which asserts that the original land plot was not formed under the “concrete apartment building in which the claimants’ homes are located”, and, therefore the tenants do not have ownership rights.

Konstantin Boytsov, Head of Real Estate and Construction practice at Maxima Legal, told Novy Prospect that disputes of this nature are quite common. For such cases, developers take an approach that is consistent with the practice of Russian land registry and is supported by court decisions, Konstantin stated. “This is through the inclusion in the contract of a clause under which the purchaser agrees to the developer on the registration and use, including the division of existing land.”

Konstantin noted that the developer through its actions has been guided by the prevailing law following legal disputes over the division of land plots which were considered as unified at the stage of construction. It could be, for example, that the construction involves several phases or other buildings, Konstantin explained.

To read the full article (in Russian), please see the Novy Prospekt website >>>