Commercial Real Estate Disputes
Representation in disputes related to commercial real estate, residential premises and land plots
From the point of view of the Civil Code of the Russian Federation, any transaction, including those related to real estate, may give rise to a dispute.
Real estate is closely related to a large number of different disputes relating to the rights of non-immovable property. Commercial real estate disputes include both disputes between business entities and disputes with authorities authorized to dispose of land plots.
Types of real estate disputes
- Disputes about the acquisition of rights to real estate
- Recognition of ownership of real estate
- Recognition of contracts for the alienation of real estate as invalid or not concluded
- Cases related to the privatization of real estate
- Disputes arising from lease agreements for non-residential real estate
- Litigation related to the mortgage of commercial real estate
- Disputes related to the acquisition of office real estate
- Disputes with municipal and state authorities in the field of provision of non-residential premises
- Disputes between commercial structures regarding the execution of contracts for the transfer of ownership / lease of non-residential premises
The procedure for resolving disputes on commercial real estate
The out-of-court procedure for resolving disputes in the field of real estate involves, as a rule, the preparation and submission of claims to persons who violate the rights of real estate owners. The claim is made in free form. Quite often, this method of resolving a dispute does not lead to an effective result, because due to high real estate prices, even if the actions (inaction) of the opponent are clearly inconsistent with the law, the parties do not voluntarily waive their claims.
Litigation in real estate disputes is a more effective way to protect the rights to real estate and defend your interests. Consists of filing a lawsuit in court. It is also necessary to correctly determine the court in which the statement of claim will be submitted, as well as be sure to attach all the documents that are the evidence base in the case.
When determining jurisdiction over real estate, first of all, attention should be paid to the nature of the dispute. If we are talking about a dispute over real estate between citizens (for example, division of real estate, inheritance, conflicts with developers, etc.), then such cases are considered by district courts of general jurisdiction. In the event that the parties to the conflict are legal entities, such cases are within the jurisdiction of arbitration courts. At the same time, consideration of cases on appealing against actions (inaction) of a government body is carried out by courts of general jurisdiction.
Since real estate litigation can be completely different, you should be fully aware that in order to effectively protect your rights, you must choose the most optimal method of protection in each individual case. It should be noted that the formation of an evidence base for going to court, as well as conducting cases in court, is a very complex process, the successful implementation of which largely depends on the qualifications of the representative of the interested party.
