July 28 Main results of the day

Today, the Istra City Court protected the rights of our client by overturning the Administration’s decision to establish a public easement on his land plot.

What’s an easement?

This is the right of limited use of someone else’s land. In our case, a gas pipe passed through the client’s land, and Mosoblgaz established the right of passage of this pipe through his land for gasification of the neighbor’s house.

But Ilsur Zakirov, senior lawyer at the practice of disputes with government agencies, proved in court the illegality of such a decision.

Why was the easement illegal?

— Not a public interest — only one house needed the pipe, not the whole village;

— There were alternatives — the connection could be made across the road (common public lands);

— The pipe on the company’s balance sheet is not a reason to limit the rights of the owner;

— Additional options were not taken into account — there was a private gas pipeline nearby, which was not even considered.

As a result, the court supported our position and preserved the inviolability of private property.