Ownership of a land plot arises by: granting ownership rights; transfer of ownership rights; transfer of ownership rights through universal succession (inheritance, reorganization of a legal entity).
to LLP "P", State Institution "Martuksky district Land Relations Department", State Institution "Akimat of Martuksky rural district", akim of Martuksky rural district on recognition of ownership of a land plot with a total area of 2.1 hectares. The decision of the Martuk District Court, left unchanged by the courts of appeal and cassation instances, denied the claims. The courts, when deciding to dismiss the claim, proceeded from the following. In accordance with paragraph 2 of Article 61 of the Land Code, upon transfer of ownership of real estate located on a common land plot to another person, unless otherwise established by this Code, he acquires the right to a land plot to the same extent as the former owner of the property. The court found that, according to the purchase and sale agreement dated January 16, 1992, the Martuk self-financing production unit for agrochemical services and land reclamation, later transformed into LLP "P", bought the property of the production unit from the territorial committee on state property according to the list indicating the cost. There is no disputed land plot of 2.1 hectares in this list. According to paragraph 5 of Article 3 of the Land Code of the Kazakh SSR, which was in force at that time, the purchase and sale of land was prohibited. In accordance with paragraph 1 of Article 21 of the Land Code of the Kazakh SSR, the right to own and use a land plot arose on the basis of a decision of the relevant Council of People's Deputies on the provision of a land plot. However, no such decision was made on the emergence of the right of ownership and use of a land plot in relation to the Martuk self-financing production unit for agrochemical services and land reclamation, or LLP "P". According to the purchase and sale agreement dated August 04, 1998 with acquires real estate from LLP "P" in the form of office buildings, stokehouses, cold outbuildings, garages located on a land plot of 2.1 hectares.
Ownership of a land plot arises by: granting ownership rights; transfer of ownership rights; transfer of ownership rights through universal succession (inheritance, reorganization of a legal entity).
This agreement is based on the decision of the general meeting of the founders of LLP "P" dated March 25, 1998. It was established that neither the Martuk self-financing production unit for agrochemical maintenance and land reclamation, nor LLP "P" acquired ownership or land use rights to the disputed land plot. The local executive body did not take a decision on granting the rights to the land plot to LLP "P". S. also does not have title and legal documents for the disputed land plot. On the former territory of LLP "P" on July 08, 2004, on the basis of applications, by order of the akim of the Martuk rural district dated July 16, 2004, S. was granted a plot of land for personal subsidiary farming, with an area of 0.25 hectares, for which legally valid documents were obtained. In accordance with Article 259 of the Civil Code, the owner has the right to demand recognition of ownership rights. However, it was established that the plaintiff is not the owner of the disputed land plot with an area of 2.1 hectares. A disputed land plot may be granted in accordance with the procedure provided for in article 43 of the Land Code on general grounds. Moreover, the earlier decision of the Martuk District Court, which remained unchanged in the appeal and cassation proceedings, satisfied S.'s claim. to the Martuk district department of Land Relations, the akim of the Martuk rural district on the invalidity of the orders of the akim of the Martuk rural district No. 96 dated July 16, 2004 and No. 120 dated September 02, 2004 and the obligation to issue an act on the right of private ownership of a land plot with a total area of 2.1 hectares for the placement of a production base was refused.
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
