ANALYSIS OF JUDICIAL PRACTICE IN CASES OF THE REMOVAL OF LAND PLOTS FROM THE CADASTRAL REGISTRATION

  • G.L. Zemlyakova
    • Institute of State and Law of the Russian Academy of Sciences (ISL RAS)
Keywords: refusal to remove land plots from cadastral registration, illegal actions of the registration authority, crossing the boundaries of land plots, double cadastral registration, state registration of rights, owner of a land plot

Abstract

The need to remove a land plot from the cadastral register may be due to various factors. Often, the rights holders of land plots are faced with the problem of the impossibility of specifying their boundaries due to the intersection with the boundaries of other land plots, including those without owners. Or, for example, the owner of a de facto non-existent land plot cannot exercise his rights and obligations in relation to it. Accordingly, the removal of the disputed land plots from the cadastral registration in these cases could solve the problem. However, the legislation regulating this sphere of relations often does not allow removing the disputed land plot from the cadastral register and thereby protecting their rights to interested parties. The article analyzes the judicial practice on the removal of land plots from the cadastral registration, considers the most typical situations and makes recommendations on the choice of appropriate ways to protect the rights of interested parties.

References

Received 2020-06-22
Published 2020-11-12
Section
Jurisprudence
Pages
720-728