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Publication date: 20.05.2024
Land owner vs. Do-it-yourself construction: Who should be recognized as a defendant?
In today's world, where ownership rights and the use of land resources become the subject of fierce competition, disputed situations between owners of land plots and persons who arbitrarily use these plots for construction are not uncommon. In the light of the new ruling of the Cassation Economic Court, the resolution of such disputes receives a clear definition of who should be the defendant in the lawsuit of the land owner.
In a ruling dated March 13, 2024, the judicial panel, which included representatives of the Supreme Court, agreed that persons who purchased a self-construction object from a developer and registered ownership of such an object are the proper defendants in a lawsuit by the owner of the land for demolition spontaneous construction. This decision has a significant legal basis and may affect the further practice of consideration of similar cases.
An important aspect of this resolution is the expansion of the subject composition of persons obliged to compensate for the violation of the rights of the owner of the land due to spontaneous construction. Now, in addition to the developer, this circle also includes persons who purchased a self-constructed object from the developer and registered ownership of this object. This is done in order to ensure more effective protection of the rights of the land owner and to stimulate the responsible use of land resources.
Strengthening Legal Protection: Expanding the Circle of Defendants in Do-It-Yourself Construction Cases
However, it should be taken into account that this decision does not reject the legal mechanisms for protecting the rights of any party in disputed situations.On the contrary, it creates a balance between the rights of land owners and those who try to use these land resources without proper permits.
In particular, the Commercial Court of Cassation emphasized that demands for the demolition of spontaneous construction are a priority in disputed land legal relations. This means that the owners of land plots have the right to demand from the relevant persons the restoration of order and the removal of illegally constructed objects.
In general, the decision of the Commercial Court of Cassation in case No. 915/1439/21 reflects modern trends in the legal regulation of disputes related to land relations and independent construction. It contributes to a more effective protection of the rights of land owners, while at the same time providing compensation mechanisms for persons who have carried out spontaneous construction. You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Practical Implementation of Decisions: Control Mechanisms and Tools
Therefore, in the light of this decision, we can expect the strengthening of legal stability and confidence in the resolution of similar disputed situations in the future. In some cases, the question of determining the defendant in self-construction cases can cause significant discussions and controversy. Given the complexity of land relations, there may be situations where there is no clear line between those who are responsible for illegal construction and those who have the right to use the construction site.One of the aspects worth considering is the role of the state in controlling land resources. In many countries, the state plays a key role in establishing land use regulations, issuing building permits, and enforcing these regulations. Thus, in cases of spontaneous construction, the question of the responsibility of state bodies for insufficient control and negligence in the performance of their duties may arise.
New Opportunities for Fair Regulation: Prospects for the Development of the Legal System
The position of the Commercial Court of Cassation specified in the resolution is also important in the context of the development of the legal system. It can serve as a basis for further expansion of rights and obligations in the field of land relations to ensure more effective protection of the rights of owners and preservation of natural resources.
An important component of this decision is its practical implementation. Particular attention should be paid to mechanisms for ensuring the execution of court decisions, identifying and implementing effective tools for construction control, as well as supporting legal education of citizens regarding their rights and responsibilities in the field of land use.
