A farmer in a foreign land is not even going to retire – owners feel stagnant

Delfi told this story to Tadas, the son of D. Rimkūnienė, who was advised by family lawyers to contact the media.

For his part, E. Palaima was reluctant to speak to a journalist. He initially noted that the pre-trial investigation had been suspended, after which he hung up after speaking out loud.

Suspected of forging a signature

D. Rimkūnienė owns two pieces of land near Pasvalys. One of 0.26 hectares and the other of 0.36 hectares. According to the real estate registry, E. Palaima intends to lease them until December 15, 2023.

However, D. Rimkūnienė stated that the signature on the lease registered in the Records Center is not her.

“The contract, where it is until 2023, does not even contain my mother’s signatures. It can be compared to a loan agreement.

The exam fails because the mother does not have the original document. She didn’t sign any contracts and the farmer claims my mother has the original, but she lost it or something, ”explained T. Rimkūnas.

As a result, the landowners have submitted an application to the Panevėžys Regional Prosecutor’s Office. As indicated in the request for renewal of the pre-trial investigation, the leasing relationship between D. Rimkūnien E. and E. Palaima began as early as 2010. A loan agreement was subsequently signed, which lasted until 2015.

In 2016, D. Rimkūnienė registered this fact in the Registry Center and from then until 2019 no one used the land.

“In November 2019, the plaintiff found a buyer to sell her land. To find out what documents are required for the sale of land, she contacted the Registry Center.

However, the Records Center indicated that D. Rimkūnienė could not sell the parcels because the land lease agreement between her and E. Palaima had been registered. However, the applicant had not entered into such a contract, ”the document reads.

You can sell, but who will buy?

T. Rimkūnas wondered why the specialists at the Records Center registered a possible forged contract. However, as Mindaugas Samkus, a spokesperson for the Registry Center, explained to Delfi, the responsibility for the authenticity of the documents and the veracity of the data contained in them lies with their suppliers.

“In the Real Estate Registry, a note on a legal fact (lease concluded) for a specific real estate object is possible. Any of the parties to the contract can file a request for registration of such a legal fact, both the tenant and the owner of the property, he said. – The application must be accompanied by the original lease or a notarized copy. This presented document (lease) must be signed by all parties to the contract.

If the documents presented are signed by hand (not with an electronic signature), the Registry Center is not obliged and cannot verify the authenticity of these signatures “.

M. Samkus added that lease contracts do not have to be notarized, the provisions contained in them are the competence of the parties to the contract, and all related disputes are resolved in accordance with the procedure established by legal acts.

The representative of the Registry Center also clarified that the legal fact registered on the lease agreement has no effect and does not restrict the rights of the owner of the real estate property to dispose of their property.

“The concluded lease does not restrict the ability of the parcel owner to sell his parcel to another person, to whom all rights and obligations related to the parcel, including the lease, are transferred after the transaction,” he said .

It was the fact that the purchase of a lease valid until 2023 together with the land deterred the buyer from the property of D. Rimkūnienė.

This was confirmed by Delfi and potential buyer SR himself, but he declined to be quoted in the post.

Karolina Gasparkė, Deputy Attorney at TGS Baltic, representing Rimkūnai, explained that the buyer wanted to use the land in person and receive income from it.

“As a result, the buyer was not satisfied with the parcel, which is linked to a non-existent lease,” he said.

K. Gasparkė further explained that the contract defines the conditions under which it can be terminated.

“It is possible to give unilateral prior notice and a commitment to compensate for losses. However, the Registry Center refuses to unsubscribe in the absence of consensus or judicial decision (we have sent a unilateral termination to E. Palaima in accordance with the contract , stating that we do not acknowledge the forged contract, but formally terminate it).

Thus, the client is currently at a dead end and cannot use his land and fears that E. Palaima, acting illegally, may in the near future falsify and register another document that will extend the current lease (it is known that E. Palaima says that the land will not be handed over until 2023) ”, said the lawyer.

At risk of prison

D. Rimkūnienė’s request to the Prosecutor’s Office indicates that, according to the copy of the agreement submitted by the Records Center, it can be seen that E. Palaima forged the signature of D. Rimkūnienė and Monika Palaimienė, wife of E. Palaima, registered the Forged lease on your behalf.

An agreement was also forged to terminate the loan agreement. The forgery is obvious when comparing the documents signed by the applicant with the fictitious ones. As it turned out that E. Palaima had used the land illegally, he even declared the land and registered the forged lease immediately after learning of the applicant’s intention to sell the land, ”the document reads.

It is also stated that during the investigation of the trial it would be appropriate to interview Mr. Palaimienė.

“Since Ms Palaimienė herself registered the forged contract, it is believed that she could reveal many significant details that would help to find out who carried out the act foreseen in article 300 of the CC. In addition, she specified the circumstances that gave her said contract and asked to register it, ”the application states.

Under article 300 of the Penal Code (falsification of a document or possession of a falsified document), any person who has presented a false document, falsified a genuine document or withheld, transported, sent, used or removed a false or falsified real document knowingly is punished with a fine or arrest. up to 3 years.

D. Rimkūnienė’s request also indicates that he is aware of three new witnesses who could confirm the illegality of the actions carried out by E. Palaima. JJ and RB are mentioned, whose land E. Palaima may have worked without permission and the potential buyer SR already mentioned.

As Rasa Stundžienė, representative of the Panevėžys Public Prosecutor, told Delfi on 25 August, at the request of the plaintiff’s representative, the pre-trial investigation in question was resumed.

“Following the reopening of the investigation, three new witnesses named by the applicant were interviewed.

On September 16, the Prosecutor’s Office suspended the pre-trial investigation because the witnesses interviewed did not provide meaningful information.

During the pre-trial investigation, all actions were taken and all possibilities to identify the perpetrator were exhausted, but that person was not identified, so the pre-trial investigation was suspended until the perpetrator or perpetrators were identified or new circumstances are clarified, ”noted R. Stundžienė. .

T. Rimkūnas said that 5.5 thousand were agreed with the potential buyer for both parcels. price in euros. At that time, according to the lease, E. Palaima must pay 140 euros per year.

He did not want to speak

According to data from the Registry of Legal Entities, E. Palaima is a member and shareholder of the Pasvalys Grūdai District Agricultural Company. In 2019, the company received sales revenue of € 47,016 and made a net profit of € 30,096.

The Agroeta website has previously announced that Palaima is a pilot and has even bought a plane.

Here is the transcript of Delfi’s interview with the farmer:

– D. Rimkūnienė submitted a request to the editor in relation to several plots of land. She had launched a pre-trial investigation against him and claims that he forged his signature and seized the land. It is like …

– The judicial investigation is opened and concluded. No criminal activity has been identified. That is one thing. The second thing is that he wants to sell the land at a high price and is trying that by political means … My whole answer.

– There is now a request to the prosecutor to resume the pre-trial investigation.

– And what there is is a request. So what is it? It will stop again because nothing has been done as it should be, let’s say … There has been no criminal activity.

Trying to sell high through political means. Apply pressure and bandage the soil. Now he has found you and will try to serve you.

– Could you tell us how you agreed to the lease?

– I can not do anything. I have given you the full comment and no further comment will be provided. Here are purely political things. If you’re involved in that, get involved.

– Which? Do you enter politics or how?

– I’m not going to any policy, I’m pushing that policy at all. You see, there is a 60 acre parcel among 33 acres of land and the whole situation is as it is.

– This is where you use that land …

“I’m not talking about anything anymore,” I said. You record a conversation, I know those things. You will distort yourself, you will. All I could say was that.

– But I still have questions and I would like to ask you.

– If you are not satisfied with this, I cannot answer other things. Nothing here at all … Neither criminal activity nor non-criminal activity. Here’s a simple thing.

– Still unclear.

– How confusing ?! If the pretrial investigation ends once.

– It can be extended.

– Good and what will be expanded. There are no real things there. Here you have all kinds of neighbors, you make calls, apparently you make calls, those neighbors get nervous, the neighbors laugh, they say, they talk nonsense. I don’t even know what to talk about.

– Two other women also say that you are using their land illegally

– What terrain will I use ?! What other land will I use ?! I use it, I work a lot of land. Whoever has a contract with me, nobody complains here.

Here has appeared a barbecue that wants to sell for double the price. It will not be so! Nobody does that these days. Nobody buys, tries to influence politically.

There is no truth here and there is nothing to look for here. Goodbye (hanging).