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Last week, an appeal case was examined in the Klaipėda Regional Court, in which the plaintiff asked to establish that there was once a farm – a residential house – on her land in Karklė. Only then will construction on this plot be possible. The decision of the Klaipėda City District Court was favorable to the owner of the parcel, but the regional court ruled that in the present case there was insufficient evidence to establish that there was a dwelling on the applicant’s parcel of land at the beginning of the century XX.
According to the court, a farm is a legally formalized plot of land with a residential building (house) built on it and its annexes (farm, home, commercial buildings and equipment). Thus, a farm, regardless of when it is built or is planned to be built, includes a comprehensive set of properties (residential house, buildings and various structures) located on the respective plot, so this fact of legal significance must be accredited through historical documents. -archivalism. no assumptions will be made.
The historical statement presented to the court simply assumed that these could be signs and remains of furniture that had deteriorated in the early 20th century. Therefore, under the rule of sufficiency of evidence, the court could not establish the requested fact of legal importance, all the more so since the historical certificate contained only a probable conclusion regarding the presence of the dwelling on the applicant’s lot. The mere registration of construction materials does not prove the existence of a farm as a group of buildings dominated by a residential house, and the planting of a proven farm does not prove the existence of farm-specific plantations, because according to the Supreme Court of Lithuania.
Ne vienna byla
Darius Nicius, director of Seaside Regional Park, was satisfied with the outcome of the case. It is true that the landlord can still appeal that decision.
How 15 minutes the manager said, due to possible ex-farms on certain parcels, the park had to be involved in about 20 cases in a decade. Half of them were favorable to the owners. There are often very obvious facts that the farm existed in the past, so the owner can restore historical justice.
In other cases, the owners, who often bought the land for agriculture from some hands, try to look for “holes” in the building, although such a building has never existed and, according to the plans, construction on the ground is not possible. The owners buy those plots much cheaper, knowing that they will not really be able to build anything on them.
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