Bona fide acquisition of a land plot in the coastal zone does not exclude its recovery from private ownership
Good faith acquisition of a land plot within the boundaries of the coastal zone is not a basis for refusing to reclaim the land, transfer of which to private ownership is not permitted.
The Prosecutor on behalf of the Russian Federation, through the territorial offices of Rosimущество (Federal Agency for State Property Management), Rosvodresources (Federal Agency for Water Resources), and an unspecified group of individuals, has submitted claims to a citizen regarding the reclamation of a land plot and the introduction of changes in the Unified State Register of Real Estate (EGRN).
When making a decision to satisfy the claim, court relied on the established fact of the formation of the disputed land plot at the expense of the land of the shore zone of a water object of general use and its transfer into private ownership in violation of the legislative prohibition.
The provisions of paragraph 12 [of Article 1 of the Russian Civil Code (GCK RF)] provide that common-use areas include [territories](/enc/33369/ "Definition of the term 'territories' in a legal encyclopedia), which are freely accessible to an unlimited number of persons (including squares, streets, driveways, promenades, shore zones of water bodies for general use, parks, boulevards).
Paragraph 8 of Article 27 of the Land Code of the Russian Federation prohibits privatization of land plots within the shoreline zone established in accordance with the Water Code of the Russian Federation, as well as land plots on which ponds and flooded quarries are located, within the boundaries of territories of public use.
The prohibition on transferring such land plots into private ownership has significant importance and is linked to the necessity of ensuring their common accessibility.
At the same time, the argument regarding the good faith acquisition is not a basis for refusing to reclaim land, transfer of which to private ownership is not permitted. Source: Thematic review by the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to the rights to land plots of certain categories of land, withdrawn from circulation and restricted in circulation, and on the use of such plots