In the absence of cadastral registration, the assignment of the land plot to forest fund lands is determined based on forest inventory materials.
In the absence of state cadastral registration, the land plot is deemed to belong to the categories of land of the forest fund based on forestry survey materials, and data regarding its boundaries are determined based on forestry survey materials and data from the State Forest Register (GLR).
Rosleskhoz filed a lawsuit with the court against the administration of the municipal formation for the recovery of land plots from unlawful possession, citing that the disputed plots were created by the defendant without legal grounds from a forested area where federal ownership rights are registered.
Satisfying the stated requirements, the court proceeded from the fact that, despite the data contained in the extracts from the Unified State Register of Real Estate data indicating that the formed plots belong to lands of populated areas, according to the materials of forest inventory and data from the State Forest Register they are fully or partially located within the boundaries of forest fund lands, and therefore are in federal ownership, for which reason the administration
A municipal formation is not entitled to dispose of them, transfer them for use (lease) to third parties and must return them (articles 209, 301 of the Civil Code of the Russian Federation, articles 6, 67 - 70.1, 93.1 of the Land Code of the Russian Federation).
Part 6 of Article 47 of the Law on Cadastral Activities stipulates that [forest fund parcels](/enc/3209/ "Definition of the term 'Forest Fund Parcels' in the legal encyclopedia), for which state cadastral registration has not been carried out, but on which real rights and their restrictions, including lease, have been registered in accordance with established procedures, are recognized as previously accounted immovable property. [Plan](/enc/16676/ "Definition of the term 'Plan' in the legal encyclopedia) of the forest fund parcel, as well as [document](/enc/523/
"A definition of the term 'Document' in the legal encyclopedia, containing a description of a forest fund area and certified by the relevant authority responsible for state registry of forest fund areas, is recognized as legally valid. Forest Plot corresponds to a forest fund area."
Thus, in the absence of state cadastral registration of land plots of the state forest fund land plot is recognized as belonging to categories of land of the forest fund based on forest inventory materials.
Evidence confirming the classification of the disputed land parcel as forest fund lands includes information from the GLR in the form of properly certified extracts and inventory descriptions, forest stand plans, maps-schemes of forest ranger districts, which are primary sources of information regarding the classification of the land parcel as forest fund lands.
Investigating the information from GLR, tax assessment description, forest management plan sheet, forest ranger maps-schemes, the conclusion of the branch of FGBU "Roslesinform" regarding the intersection of boundaries of formed plots with the boundaries of forest fund lands, acts of field survey of the territory with attached photographs, the court came to the conclusion that the disputed plots were formed from forest fund lands, and
granted the plaintiff's claims.
Source: Thematic review by the Supreme Court of the Russian Federation No. 11/2026. On consideration by courts of cases related to rights to land plots of certain categories of land removed from circulation and restricted in circulation, and on use of such plots