<\/p>\n
The Lviv Court of Appeal has overturned the decision of the court of first instance, which illegally recognised the ownership of real estate by prescription.<\/p>\n
The property in question is a non-residential building (greenhouse) with a total area of 215.6 sq m located in the central park of Radekhiv. The unique monument was purchased by Count Stanislav Badeni in 1908 at an exhibition in Vienna.<\/p>\n
It was established that an individual had unlawfully acquired ownership of the greenhouse premises, which belongs to the communal property of the territorial community of the Radekhiv City Council.<\/p>\n
In particular, the court of first instance did not take into account the contradictions between the content of the Exchange Agreement and the Acceptance Certificate. The sale and purchase agreement concerned only the metal frame, not the greenhouse building.<\/p>\n
Moreover, the greenhouse is a property that cannot be alienated under the conditions set out in the Exchange Agreement and cannot be subject to the statute of limitations under the applicable law.<\/p>\n
Given the violation of the law, the Prosecutor’s Office defended the interests of the state and filed an appeal, which was fully satisfied.<\/p>\n
Upon receipt of the ruling, the prosecutor’s office will take measures to implement it.<\/p>\n
Information Policy Department<\/p>\n
of the Lviv Regional Prosecutor’s Office<\/p>","protected":false},"excerpt":{"rendered":"
Prosecutor’s Office upholds hromada’s right to unique Count Badenyi greenhouse in Radekhiv central park in appeal The Lviv Court of Appeal has overturned the decision of the court of first instance, which illegally recognised the ownership of real estate by prescription. The property in question is a non-residential building (greenhouse) with a total area of …<\/p>\n","protected":false},"author":1,"featured_media":189808,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-189807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-podii"],"yoast_head":"\n