The location of a land plot within the boundaries of the shore zone of a water body is a basis for recognizing the absence of ownership rights.
Establishing the fact that a land plot or part thereof lies within the shore zone of a public water object is sufficient grounds for satisfying the claim submitted in defense of the interests of a public-law entity regarding the recognition of the absence of a registered right to such a plot held by an individual.
The Prosecutor filed a claim with the Court requesting recognition of the absence of registered property rights to the land plot of categories of land for populated areas with a permitted use designation "for individual housing construction" in part overlapping its area with the river's shore zone.
The court has established that the disputed land plot with an area of 1,000 square meters is partially formed at the expense of the river bank strip. The area of encroachment amounts to 148 square meters.
Pursuant to paragraphs 1, 2, and 8 of Article 27 of the Land Code of the Russian Federation land plots within the river bank strip established in accordance with the Water Code of the Russian Federation are restricted in circulation, and their privatization is not permitted.
The shore zone of the river, the width of which in accordance with the provisions of part 6 of Article 6 of the Water Code of the Russian Federation is 20 m, is a publicly accessible territory restricted in circulation and intended for free access by citizens.
Therefore, any right of private ownership registered with respect to such territory is unlawfully established, as it contradicts the direct legislative prohibition.
Establishing the fact that a land plot or its part is located within the boundaries of [territory](/enc/33369/ "Definition of the term 'Territory' in the legal encyclopedia), removed from circulation or restricted in circulation, including within the shore zone of a water object of general use, constitutes a sufficient circumstance for satisfying the claim submitted in defense of the interests of the Russian Federation regarding the recognition of the right registered in favor of an individual as entirely absent or correspondingly partially absent.
Meanwhile, the remaining part of the land plot that remains in the respondent's ownership complies with the maximum sizes of land plots established by land use and development rules, and its area and configuration allow for efficient and rational use in accordance with the permitted use type "for individual housing construction".
Source: Thematic Review by the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to rights to land plots of certain categories of land excluded from circulation and restricted in circulation, and on the use of such plots