He has been fighting for the houses bought for several years: the owner of the plot has closed, attacked with a rake, they have called the police

T. Jačionis bought six wooden rest houses with an area between 25 and 47 square meters by public auction on Lakūnų street, Kyviškių Village, near the airfield.

As Delfi informed the representatives of Turto bankas, for 47 sq. M. m house paid 912 euros for 31 square kilometers. subway. – 850 euros, for 25 m2. m – 2,150 euros, for 33 square meters. m – 850 euros, for 45 square meters. m – 9.1 mil. euros, for 29 square meters. m – 850 euros.

“The price differences were determined by the condition of the buildings and the different periods of sale,” explains the answer.

Importantly, all cabins were sold without land parcels.

“The lands belong to individuals, they were privatized before the Property Bank took over the buildings of the State Property Fund in 2014. The aforementioned circumstance was indicated in the auction conditions, so that all the auction participants and those interested in the cabins were informed of the situation, ”said Turto Bankas.

I thought it would be easier

T. Jačionis told Delfi that he had clarified the situation before buying the houses. “I myself, like many residents of the country, live in an apartment building, which is located on land that does not belong to me, but this does not interfere with the use of the property for its intended purpose. I planned to use these buildings in a similar way, “he said.

Basically, that was the case for four of the six cabins. However, the owners of the two plots began to annoy T. Jačionis.

“At first I tried to negotiate and come to a peaceful agreement, but they decided to fence in and not let me in,” said T. Jačionis.

The interlocutor had further problems with a 65-year-old man who, according to T. Jačionis, had occupied his house.

“He looked like a man of respectable age who had occupied the house he had bought. I let him keep using it for a year and a half, he’s lived there since 1992. Then he started growing weeds, he started behaving … They called the police, they attacked them with a rake, very disgusting.

I asked to be allowed to use the property I bought. Then he found like-minded people, as well as that woman. They began to share the advice of the lawyers. I fenced the plots and did it so that it did not enter.

By the way, at the time of purchase, no one said that people lived in that house. Only when I got to the notary did they tell me that there were people there and that it would be necessary to evict him, ”said T. Jačionis.

For their part, the representatives of Turto bankas state that no one used the property sold to T. Jačionis.

“The cabins came into the possession of Turto bankas after Turto bankas merged with the State Property Fund in 2014. Until then, they were administered in the form of a loan by the State Property Fund, which was taken over by the Darius and Girėnas Aviation Squad of the Ministry of National Defense in 1999, and after 2014, in the form of a loan.

In the period from 2014 to 2018, the mentioned buildings were not rented, transferred for rent or operated in any other way, they were sold at public auction to Turto bankas, ”Delfi said in a comment.

As the neighbors mentioned by T. Jačionis are private persons, Delfi does not reveal their identities.

Went to court

The representatives of Turto bankas also pointed out that the fact that the seller’s rights to the land were not established prior to the sale of the buildings does not prevent the buyer, as the new owner of the buildings and owners of the land, from agreeing to the use of the parcels to reach an agreement, to resolve the disagreement in accordance with the procedure established by legal acts.

According to Daiva Čekanavičienė, senior lawyer in Glimstedt and lawyer in Delfi, if it is not possible to resolve the situation peacefully and agree to the lease of a service object, property rights, etc., own buildings, that is, to demand the establishment of an easement .

First of all, it should be noted that an easement is a right to the real property of another person granted for the use of that foreign object, such as a plot of land through which the road passes (‘the object that serves’), or a restriction on the owner’s property. The right of use of the object, for which an easement is established, can be, for example, the own use of a dwelling that can only be accessed through said plot (hereinafter, the dominant object). Thus, an easement is a right that gives its owner the opportunity to use the foreign object, and it can be established through laws, transactions and a judicial decision, and in the cases prescribed by law – through an administrative act.

A court decision establishes an easement if the owners do not agree, but an easement is necessary so that the owner of the dominant object can use his object for its intended purpose. Therefore, an easement can be enforced only if it is objectively necessary. The courts that hear a case of easement must assess, among other things, whether the establishment of an easement is the only and necessary means to safeguard the interests of the owner of the dominant object, ”he said.

D. Čekanavičienė pointed out that when determining the easement, a fair balance of interests of both owners must be ensured.

‘It is achieved in accordance with the principle of minimal restriction of the rights of the owner, which means that the easement can only grant the rights that are objectively necessary for the use of the dominant object in accordance with its purpose. As a general rule, the restriction of the right to property must be fairly remunerated and the remuneration of a certain easement can be paid as a lump sum or periodic compensation to the owner of the servant.

In all cases, regardless of the method of payment of compensation, this means that one party to a legal relationship must provide an equivalent benefit to the other, without denying or disproportionately restricting the property rights of the owner, ”he said.

For his part, Aušrys Šliavas, the lawyer who manages Cobalt, noted that situations in which the owners of the land and the buildings on the land are different and the buildings are acquired without the disputed right of use of the land, although they are rare, still occur.

“This is especially true when buildings are sold at auction to recover their owners’ debts.

In the case at hand, it is likely that the Property Bank itself, having tried unsuccessfully to reach an agreement with the owners of the land on which the cabins are located for the use of the land, has taken the easy path, leaving the problem to the cottage owners.

Therefore, in this context, the owners of country houses should first try to come to a good agreement with the owners. If you cannot reach an agreement, you can take advantage of the opportunity provided by the Civil Code to request an easement in court, ”he commented.

T. Jačionis told Delfi that this is exactly what he did.

“I presented both of them in court for the configuration of the easement. The provisional measures are applied by the court, I enter a building. And the other one is still closed, “he said.

Thick signature

In explaining the history of the Kyviškiai people, T. Jačionis discovered stranger things. He presented Delfi with a series of deeds marking and showing the boundaries of the land, drawn up in 2009, which state that the land in question does not contain buildings belonging to other people.

T. Jačionis called it forgery of documents and requested it from the police. However, the Vilnius County Police Chief Commissariat refused to initiate a pre-trial investigation, claiming that no acts under the Penal Code had been committed in the cases in question.

T. Jačionis also explained how this situation arose in general, when previously state-owned buildings appeared on private land.

He presented a document from 1990 to Delfi requesting an inventory of the aeroclub rest houses. This document was signed by the head of the Rolandas Paksas flying club, who was later elected President of Lithuania and removed from office after the impeachment trial.