The Supreme Court of Tuva defended a family who lived 15 years on the site: the sale of land was recognized as illegal

The judicial board for civil cases of the Supreme Court of the Republic of Tyva put an end to the dispute around a land plot in one of the garden societies of Kyzyl: the purchase and sale transaction was declared invalid, the buyer’s property right was annulled. The court sided with the family, who lived and ran the land since 2007. The site was originally granted in 1992 as a lifelong inheritance, a form in which land can be used but not disposed of as property. Later, the family, who lived on the site, built a house and buildings, paid dues and was in a partnership, but did not register ownership. This was taken advantage of: in 2018, the land was registered through the Ministry of Land and Property Relations of the Republic of Tyva for an outsider, and then resold.

The new owner registered ownership, but could not move in - the site was already occupied. She appealed to the court to return the land and demolish the buildings. The family filed a counterclaim to invalidate the transactions.

The court examined the chain of transactions and found that the woman who registered the land through the Ministry had never been a member of the garden partnership - the land was not allocated to her, the meeting on its adoption was not held, and the chairman who included her in the register was elected illegally. Therefore, the documents that allowed to dispose of the land had no legal force.

The court recognized the buyer as an unscrupulous buyer: when buying, she did not inspect the site and did not check who lives on it. The contract stated that there were no buildings on the ground, although there was already a house there. Such negligence, the court pointed out, deprives the right to invoke good faith. The court relied on the explanations of the Plenum of the Supreme Court of the Russian Federation: no one has the right to take advantage of their unfair behavior.

In addition, the court applied the limitation period. The buyer learned about the violation of her right back in 2018, when she registered the property, but the plot was occupied. She filed a lawsuit only in 2023 - after almost five years, missing a total three-year term.

As a result, the lawsuit was completely denied. The counterclaim of the family was satisfied: the contract with the Ministry was invalidated, the record of the buyer's ownership was canceled, court costs were recovered from the losing party.