The location of a land plot within the boundaries of the forest fund in itself does not constitute a basis for the termination of the rights of a bona fide acquirer
When resolving a dispute regarding rights to land plot, claimed on the grounds of its location within the boundaries of forest fund land, juridically significant circumstances that must be established by the court include, among others, the formation and actual use of such a land plot, the presence or absence within these boundaries of forest plantations, the lawfulness of the emergence of rights to this plot, and good faith
acquirer.**
Competent authority submitted a request to the citizen regarding the acknowledgment of the absence of ownership rights on land plot, which has an area of 9 square meters overlaid with forest fund lands of the Russian Federation.
Denying the satisfaction of the claimed requirement, court relied on the fact that under the provisions of Part 6 of Article 4.6 of the Law on the Implementation of the Land Code of the Russian Federation, Part 4 of Article 60.2 of the Law on the Registration of Real Estate, Parts 3, 10 of Article 14 of the Law on the Transfer of Lands or Land Plots from One Category to Another, positions of the Constitutional Court of the Russian Federation expressed in rulings dated September 21, 2017, No. 1793-О, February 24, 2022, No. 423-О, the legislature has established the priority of information regarding the category of land plots contained in
the title-establishing documents and the Unified State Register of Real Estate (ЕГРН), and the possibility of arbitrary seizure of land plots from citizens who acquired them on a lawful basis (bona fide purchasers) has been excluded, only on formal grounds of their location within the boundaries of forest districts according to state accounting data.
Taking into account the arising dispute regarding rights, among juridically significant circumstances are the formation and actual use of the land plot, presence or absence within its boundaries of forest plantations, legality of the emergence of rights to this plot, and good faith of the acquirer.
It has been established that the disputed land plot with an area of 1200 sq. m., located within the land of populated areas with a permitted use designation of "dacha plot for personal subsidiary farming," was formed based on the general plan of the municipal formation, registered in the cadastral registry, and provided by the administration of the municipal formation by lease agreement to the predecessor of the respondent in 2015. Information about the land plot
entered into the EGRN also in 2015. The right of lease of the land plot, as well as subsequently the right of ownership, was acquired by the respondent relying on information from the EGRN. The fact of the absence of forest plantations on the disputed land plot has been confirmed by the orthophoto plan of the land plot during its formation. A residential house has been built on the land plot by the respondent, the land plot is fenced and used in accordance with its designated purpose. Evidence of the respondent's dishonesty in acquiring it
The rights to land plot have not been presented by the authorized body.
In such circumstances, the court came to the conclusion regarding the respondent's good faith and the necessity of applying, in order to ensure the balance between public and private interests, provisions of part 3 of article 14 of the Law on the Transfer of Land or Land Plots from One Category to Another, and part 4 of article 60.2 of the Real Estate Registration Law.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land use rights for certain categories of land plots removed from circulation and restricted in circulation, and on the use of such plots