SPC Legal Successful for T Parkas in Dispute over Termination of State-Owned Land Lease Agreement

SPC Legal Successful for T Parkas in Dispute over Termination of State-Owned Land Lease Agreement

Lithuania
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SPC Legal has successfully represented UAB T Parkas in a dispute regarding the termination of a state-owned land lease agreement with another user of the land plot.

According to SPC Legal, “when [T Parkas] acquired the 30,000-square-meter property near the Vilnius Central Rail Station, also known as Taxi park, in 2016, it encountered a number of operational issues regarding the ability to use the land necessary for the building. The asphalt layer, which was put many years ago on the land plot among the buildings and served as lot/access area, was registered as an individual real estate object owned by one person. The owner of this asphalt layer was granted a lease to a major part of the land plot, which was covered by the asphalt.”

T Parkas's efforts to terminate the state-owned land lease agreement with the asphalt owner were successful, but the decision of the National Land Service to that effect was appealed in court. According to SPC Legal, "in the course of the court dispute [the firm] brought counter-claims ... requesting the nullification of former decisions of the National Land Service [granting] the asphalt owner land lease rights and establishing an easement in respect of the asphalt."

Finally, SPC Legal reports, "the higher court, after considering all claims of appeal, accepted [T Parkas's] arguments as well-grounded: [it] declared the former decision of the National Land Service null and void, and also instructed the lower court to re-consider our request regarding the establishment of an easement as there are solid factual and legal grounds for it."

The SPC Legal team included Partner Povilas Karlonas and Associate Egle Valiuliene.