Darius Sabaitis

KLAUSIMAS. Laba diena, turiu kelis hektarus žemės ūkio paskirties žemės. Šalia esantį plotą kaimynas pardavė, tačiau naujasis savininkas, sužinojęs, kad žemės paskirties keisti negalima, senąjį savininką padavė į teismą ir reikalauja kompensacijos. Jis motyvuoja tuo, kad planavo čia statyti namus, o dabar, negalėdamas to daryti, patyrė nuostolių.

Aš taip pat galvoju apie žemės pardavimą, bet manosios paskirties taip pat negalima keisti. Ar tikėtina, kad teismas patenkins naujojo savininko reikalavimą? Ar toks ieškinys yra įmanomas tik sudarius specifinę pardavimo sutartį, kurioje toks atvejis būtų numatytas, ar tokį ieškinį teismas turėtų pagrindo patenkinti net jei tokia sutartis nesudaryta? Ačiū.

ATSAKYMAS. Teismo sprendimas galimas tik įvertinus visas faktines aplinkybes. Jeigu būtų konstatuoti ankstesniojo savininko tyčiniai veiksmai bandant apgauti naująjį savininką dėl galimos žemės paskirties keitimo perspektyvų ir pan., tuomet galimas teismo sprendimas, ginantis naujojo savininko teises ir interesus.

Tačiau jeigu tokių veiksmų nebūtų konstatuota, teismas preliminariais vertinimais neturėtų panaikinti nekilnojamojo daikto pirkimo – pardavimo sutarties.

Šiame straipsnyje yra pateikti UAB „LB BALTIC“ teisininkų komentarai, pagrįsti teisės aktų ir teismų praktikos analize. Šis straipsnis negali būti laikomas oficialia teisine išvada. Dėl teisinės konsultacijos konkrečiu atveju prašome kreiptis į UAB „LB BALTIC“ teisininkus.

UAB „LB BALTIC"

LAW & BUSINESS COMPANY

Naugarduko g. 41-217

LT-03227, Vilnius

Tel. / Fax. 852030795

Tel. 867472024

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www.lbbaltic.lt

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