The court confirmed the illegality of the land deal in Sochi.
The appellate court upheld the seizure of a plot of land from Nina Kuznetsova, purchased in a Sochi gardening association (SNT) under a power of attorney from the deceased owner. The owner of the neighboring plot, from whom Kuznetsova is demanding a road be built through his land, intends to file a fraud claim.
As reported by "Kavkazsky Uzel," Bryansk Region resident Nina Kuznetsova purchased a plot of land in the Sochi gardening association "Kommunalnik" and sued her neighbor, demanding an access road be built through his land. The plaintiff, Alexander Batalin, stated that there was never any access to the plot purchased by the neighbor. The court stripped Kuznetsova of her rights to the plot of land in the Sochi SNT "Kommunalnik" because the land was sold under a power of attorney from the deceased owner. Kuznetsova appealed this decision. If the decision is upheld on appeal, it could serve as grounds for criminal proceedings, the lawyers indicated.
A message from A.V. Batalin, a member of the Kommunalnik gardening association, was received on the Caucasian Knot SMS service on June 28, 2024. According to him, his family has owned a plot of land in the gardening association since 1967. In August 2022, one of the plots was purchased by "citizen K." "Since the creation of the company, there has been no access road due to the existing land use, which is confirmed by documents... K. wants to cancel the legal results of land surveying, deprive us of our land plot, and build a road to his own," wrote the author of the message.
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The appellate court confirmed the seizure of the plot from Nina Kuznetsova in the Kommunalnik SNT. The defendant is preparing a complaint to the Investigative Committee of Russia for attempted fraud.
On November 28, the Krasnodar Regional Court upheld the decision of the Khostinsky District Court of Sochi in the case concerning a disputed plot of land in the Kommunalnik gardening association. The appellate court upheld the seizure of a land plot from Nina Kuznetsova, a native of the Bryansk region, who had tried to obtain a right-of-way through a neighboring plot and effectively secure the disputed land for herself.
The defendant in the case, Alexander Batalin, a member of the Kommunalnik gardening association and a member since its inception, told a "Caucasian Knot" correspondent that immediately after receiving the official decision, he intends to file a complaint with the Investigative Committee regarding "attempted large-scale fraud," which he believes was committed by Kuznetsova and the individuals involved in the land acquisition. "As soon as the appellate court returns the case to Sochi and I receive the decision, I will immediately contact the Investigative Committee," Batalin stated.
An expert examination in a separate process is to establish whether there was ever a path to the disputed land. But after the appellate decision on the nullity of the transaction, Kuznetsova's status as an owner was called into question. However, her claim against Batalin "to remove obstacles to the use of the plot" continues to appear in the court materials of the Khostinsky Court, although it is suspended pending the decision of the appellate court. "The decision was not in favor of the plaintiff, so the only thing the judge considering her claim can do is terminate the proceedings," explained lawyer Roman Klykov, who is not involved in this case.
An independent lawyer, who familiarized himself with the decision of the court of first instance, previously told the "Caucasian Knot" that purchasing from a person who did not have the right to dispose of the land "does not give rise to property rights, regardless of the declared good faith "acquirer." In his opinion, transactions in the name of the deceased owner and subsequent resales indicate serious procedural violations. "A note from the deceased's husband, explanations from intermediaries, or the buyer's confidence in the legality of the transaction do not replace a valid legal title," the lawyer commented.
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Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/417647