In Rostov, the court supported the administration, which refused to transfer a plot of land to the Old Believers

The Arbitration Court of the Rostov Region refused the Rostov the Old Believer community in the formation of a cadastral plot for transfer to ownership of the land under the cathedral and adjacent buildings.

In 2015, the city authorities handed over a complex of buildings to the community between Bauman and Ulyanovsk streets, including the cathedral Intercession Cathedral built in 1913. The cathedral is an object of cultural regional heritage.

After receiving the complex of buildings, the community began to seek transfer of ownership and land under it. However, to do so turned out to be impossible, since the corresponding plot on the cadastral map is not formed. The Department of Property and Land Relations refuses form it, referring to the fact that this section intersects objects capital construction, including apartment buildings.

In 2017, the city administration denied the community preliminary agreement on the provision of land for ownership. Then the community appealed to the court, but the court took the side of the authorities.

The land plot on which the apartment building is located residential building is the common shared property of the owners of the premises in multi-apartment residential building. The right of common shared ownership of land the plot arises from the owners of apartments, regardless of whether on the state, on municipal or private land, the construction of an apartment building was carried out residential building. The emergence of the right of common shared ownership entails the termination the rights of the former owner to the land plot , ”the court decision says.

The community had a conclusion prepared by a cadastral engineer, that the site does not intersect with residential buildings, but the court did not take into account this is the conclusion.

Sources

• The Rostov court took the side of the authorities in a dispute with the Old Believers // Russian faith. 2018. August 4th.