Vasil Kisil & Partners has successfully represented the interests of the Rele construction company in a dispute with the Kyiv City Council over its failure to recognize Rele's transfer of the right to use land.
According to Vasil Kisil & Partners, “in 1997, [Rele] entered into a contract for the use of land for 49 years for the reconstruction of non-residential buildings in the historic center of Kyiv. In the same year, the reconstructed real estate was transferred from [Rele] to a new owner. However, for more than 20 years, the Kyiv City Council refused to recognize the termination of [Rele's] right to use the land plot and considered Rele the user of the plot, resulting in a lawsuit.
According to VKP, "courts of all instances accepted the firm's argument "that together with the transfer of the real estate, the right to use the land also passes to the purchaser of real estate. It indicates a voluntary waiver of the previous user's right to use the land. As this right passed to the purchaser of the real estate, the claim was satisfied in full.”
The courts “confirmed the termination of Rele's rights under the disputed contract and the lack of grounds for the Kyiv City Council and tax authorities to demand further payment from the client for the use of the land plot before the expiration of the contract,” Vasil Kisil & Partners reported.
The Vasil Kisil & Partners team included Partner Oleg Kachmar, Counsel Yuriy Kolos, and Associate Dmytro Derkach.
