A Crimean resident tried to achieve the relocation of a power line support. There was a trial, but the owner of the site lost

The Saki District Court of the Republic of Crimea considered a civil case on the claim of the owner of a land plot against the State Unitary Enterprise of the Republic of Crimea «Krymenergo» with a requirement to remove obstacles to the use of land and move the power line support.

The plaintiff purchased a plot of land in the village of Velikoye, Saki district, for individual housing construction. After carrying out cadastral work, he discovered that in the center of the site there was an overhead power line support. According to the plaintiff, this prevents the construction of a residential building. He insisted that the power line was installed relatively recently, 7-8 years ago, and was currently de-energized, and demanded, at the expense of the power engineers, to move the support beyond the boundaries of his site within 30 days.

State Unitary Enterprise of the Republic of Crimea «Krymenergo» presented the court with documentary evidence that the disputed power line was put into operation on January 1, 1967 and has been in operation since then without changing the configuration. The company argued that the plaintiff should have exercised diligence when purchasing the site and could not have failed to notice an infrastructure facility that had existed for several decades.

The court, having carefully studied the case materials, came to the following conclusions. The power line was built and legally operated long before the formation of the disputed land plot and the emergence of ownership rights for the plaintiff (the plot was formed in 2018). The plaintiff did not provide the court with irrefutable evidence that the presence of a power line support makes it impossible to use the site for its intended purpose. The court pointed out that the mere restriction on the use of part of the territory occupied by an infrastructure facility does not give the right to demand its dismantling if the facility was installed legally. The court emphasized that when purchasing real estate, a citizen is obliged to exercise reasonable care. The presence of a power line support was an obvious circumstance that the plaintiff could and should have taken into account when making the transactionnoted the press service of the court.

The plaintiff’s claims were left unsatisfied in full.

This judgment is a stark reminder that buyer must be vigilant. When purchasing a land plot, it is extremely important to conduct a thorough visual inspection, request and analyze all technical and title documentation, check the USRN information not only for encumbrances, but also clarify the actual condition of the object and the presence of any foreign objects on it (power lines, pipes, roads, etc.).

The law protects bona fide owners from unlawful actions, but does not allow the risks assumed when purchasing property to be transferred to the shoulders of organizations that ensure the life of the entire settlement.

source: press service of the Saki District Court of the Republic of Crimea

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