Lawyer for land disputes over ownership of the same land plot

The occurrence of overlapping boundaries of land plots arises as a result of the fact that the plots previously provided to land users are not included in the database of the State Land Cadastre information system (hereinafter referred to as AIS GZK), while ownership is registered with the territorial judicial authorities. The coordinates of most of the land plots provided before 2006 are not available in the AIS GPC database, despite the registration of ownership rights with the registration authority. When developers design land management projects and verify the location of the plot in the AIS department of the GZK Department of Land Cadastre, the AIS department of the GZK indicates the land plot as vacant, since the coordinates of the land plot are not available in the database. In this regard, a second set of title documents is being drawn up for the same land plot. There are cases when the rights of both owners are registered with the territorial judicial authorities. At the same time, one owner's rights were registered in 2000, the coordinates of the angular turning points are missing, while the other owner's rights arose in 2010-2017 and the turning points are entered into the AIS GPC database. As a rule, a conflict between the owners of a land plot is resolved in court. So, the plaintiff H. He filed a lawsuit with the court to declare the decree of the Akimat of Aktobe dated September 28, 2015 No. 3699 and the sale agreement invalid, to recover moral damage from the Department of "NPC Land Cadastre", arguing that the decree of the Akimat of Aktobe dated August 17, 2015 No. 3230 granted him land No. 267 for gardening. Later, he became aware that the disputed plot had been granted to defendant N. almost simultaneously on the basis of the contested resolution.

Lawyer for land disputes over ownership of the same land plot

The defendants N., K. filed a counterclaim to the Akimat of Aktobe, H. to declare the decree of the akim of Aktobe No. 3230 of August 17, 2015 invalid, arguing that this site had previously been provided to N. on the basis of the decision of the city of Aktobe No. 364 of December 6, 1993, they annually paid the land tax, N. did not declare the waiver of the rights to the disputed plot, the disputed plot was not recognized as ownerless. When resolving this dispute, the courts were guided by the provisions of paragraph 6 of Article 7 of the Law "On State Registration of Rights to Immovable Property", according to which, when establishing priorities between several rights (encumbrances) to the same real estate object, it is necessary to proceed from the following requirements: – rights (encumbrances) to immovable property registered in the legal cadastre, those that are subject to state registration have priority over unregistered ones; – the priority of previously arisen rights (encumbrance of rights) to immovable property is established by the date of the right in accordance with civil legislation. According to paragraph 1 of Article 122 of the Decree of the President of the Republic of Kazakhstan dated December 22, 1995 "On Land", which has the force of Law and was in force during the period of disputed relations, citizens of the Republic of Kazakhstan who, prior to the entry into force of this Decree, were granted land plots for personal subsidiary farming, gardening, construction and maintenance of an apartment building on the right of lifelong inheritance possessions, from the date of entry into force of this Decree, become owners of land plots. In accordance with Article 32 of Decree of the President of the Republic of Kazakhstan dated December 25, 1995 No. 2727 "On State Registration of rights to immovable property and transactions with it", which has the force of Law and was in force during the period of disputed relations, the rights arising before the entry into force of this Decree are recognized as valid provided that they comply with the laws in force when they occur. Upon transfer of pre-existing rights to immovable property to another person, modification or termination of the relevant rights, they are subject to registration on a general basis in accordance with this Decree. It was established that N. was granted the disputed land plot in 1993, and H. was granted it only in 2015, meaning that the right of the original owner of N. takes precedence over the right of the subsequent owner to the disputed land plot. Thus, in this case, it was established that as a result of improper land management work, the same plot was provided to different persons. As practice shows, such cases of providing the same plot are not isolated.  The reason for the imposition of land plots is the improper conduct of land management works, which are carried out by both the Department of the National Research Center for Land Cadastre (transformed into the Department of Land Cadastre and Technical Inspection of Real Estate of the branch of the Non-profit JSC State Corporation of Government for Citizens) and other individuals and legal entities in connection with the transfer of land management works to a competitive environment. In this regard, the Aktobe Regional Court considers that in order to avoid the occurrence of overlaps of land boundaries and land disputes, it is necessary to clarify the boundaries of the land plot on the ground (to separate it into a separate service) before making a transaction with a land plot. This type of activity is proposed to be attributed to the state monopoly and the competence of the State Corporation. Such a proposal deserves attention, as it will help to prevent inefficient land allocation. Thus, when appropriate amendments are made to article 150 of the Land Code, land management work will be attributed to the monopoly of the state, which, in addition to improving the quality of work and simplifying the approval procedure, will lead to a reduction in risks in this area of activity. The position outlined by Atyrau 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases