Can residents of Olginka lose land and houses on the seashore?

In the near future, the Tuapse District Court of the Krasnodar Territory will consider the suit of the Prosecutor General’s Office against eleven owners of real estate on the lands of the former Olginka boarding house.

The current owners of the plots acquired them legally and at a commercial price in the early 2000s, but many years later they risk losing everything. The details of the current situation were told to Rossiyskaya Gazeta by the lawyers of the land owners.

According to the defense, there are no sufficient legal grounds for this. Lawyers argue that the statute of limitations has long passed and indicate that these lands never belonged to the regional administration, to which they can pass if the claims are satisfied.

In the nineties, a spontaneous dump appeared on the abandoned territory of the former boarding house. At the beginning of the 2000s, the administration of the Tuapse district legally transferred the land to CJSC “Pension Olginka”, and then a single array was divided into several plots, which became private property. For many years, the owners have built hotels, restaurants and sports facilities on their land. Businessmen regularly paid taxes. At the same time, law enforcement agencies did not have any questions about the legality of property rights.

The current owners may be extreme?

According to Dmitry Karachevtsev, a representative of Trimp LLC, there are a number of controversial points in the lawsuit. “The prosecutor’s office refers in the lawsuit to the decision, but the borders of the resort areas are not established in the document itself, and the village of Olginka is not indicated in the list of resorts of regional significance. In addition, the lawsuit states that these are not municipal lands, but regional ones. But there is an official response from the regional department of property relations of the Krasnodar Territory, which directly states that the ownership of the Krasnodar Territory has not been registered for these land plots, ”he told the publication.

According to Yury Pustovit, managing partner of the Yug law office, the prosecutor’s office asks to invalidate only the purchase and sale transactions under which the real estate objects were in the hands of the current owners. But before that, they changed owners several times, these operations are not disputed as illegal. It turns out that only bona fide last purchasers should be responsible?

Lawyers are convinced that the last owners of land acquired them legally.

“The result of the recognition of the transaction as invalid is restitution, that is, the return of property to the person from whom it was received. However, the lawsuit contains a demand to recognize the property rights of the Krasnodar Territory for all plots, but the law does not contain such a consequence. All disputed plots in their current coordinates, areas and borders have never belonged to the region,” continues lawyer Yuriy Pustovit.

“The plaintiff contradictoryly points at the same time to mutually exclusive circumstances about the non-application of the limitation period and at the same time that the limitation period has not been missed, and both of these statements do not stand up to any legal criticism,” Pustovit concluded. “The right to a favorable environment is not an intangible good and claims for recognition of transactions as invalid are not protected. The department has no ownership, since it does not carry out any activities in the areas. The first deals on land plots were made back in 2008, and the limitation period is three years,” says the lawyer.

Hope for Justice

The owners of plots on the Black Sea coast hope that their arguments will be heard. Entrepreneurs expect that the court decision will be fair and legal in terms of law. Is it unlikely that the dispossession of more than ten families could be beneficial to the state economy?