Modern judicial practice in disputes over unreasonably preserved “rent” for land demonstrates: the outcome of the case is often determined not by legal definitions, but by the accuracy of proof of actual use and parameters for calculating the amount. The lawyer of the land law practice of the Alarius Bar Association Snizhana Vasilyeva prepared a special material for the publishing house “Yuridicheskaya Praktika” on the topic of contingent obligations of land claims. Attention is focused on the key criteria that every owner of real estate located on an unregistered land plot should be aware of, and a practicing lawyer should check when forming and expressing a position in court:
✔️ the area of the land plot as a “point of dispute”: what to do if the plot is not formed and there is no cadastral number; what evidence (plans, schemes, survey acts, technical documentation) the courts accept to confirm the boundaries of actual use.
✔️ verification of the correctness of the calculation: typical errors in determining the area of the land plot and the parameters of accruals, which the court pays attention to.
✔️ formula of “conditional amount”: how in practice the normative monetary valuation of land is justified and rent rates are applied without a lease agreement;
✔️ features of the limitation period in contingent disputes;
✔️ “war” tax benefits: when the courts exclude grace periods from the calculation, how the opposite approach of non-application of the tax benefit to conditional legal relations is formed and why we consider this approach unreasonable.
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