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Judgment of the Presidium of the Supreme Commercial Court of 28 May 2013 № 17085/12  in the case Administration of Temriuk district vs Mikhail Radzievski, an entrepreneur

Points of law: 1) whether buildings and structures erected by the owner of land plot, but not registered by him in the State Register of Rights to Immovables (hereinafter: the Register), may be considered as his property? 2) whether a football pitch situated on a land plot is a separate object of real estate, the right to which may be registered? 3) may a court give its own qualification to an object, which has been registered as a real estate? 4) under which circumstances a lease-holder of a land plot may acquire the right of ownership to objects erected by him on this land plot?

Judgment of the Presidium of the Supreme Commercial Court of 1 November 2011 № 7088/11 in the case The company "Aren" vs The Federal Service for State Registration, Cadastre and Cartography in Penza Region

Point of law: whether the consent of the seller of a real estate item (an edifice) to divide the land plot for the purpose of forming the land plot necessary for the use of the real estate is required, or such consent is not needed and the right to lease such land arises in the purchaser by virtue of the law?

 

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