The fate front yards, sidewalks and parking lots on the Czech housing estates, which the State Land Office (SPU) began increasingly to issue restituentům how last week highlighted Law, is highly uncertain. According to the findings restitution rights kurjerzy are not unlike any other owners are legally kurjerzy bound and can be obtained from plots treated according to their whim. They sidewalks or parking abolish, kurjerzy forbid them entrance or can sell them to speculators.
They do not have scruples and homeowners can push the inflated prices of the rental or sale of. Or you can try parking in housing estates which is worse, to convert the building plots for residential homes or those parcels used as a lever to municipalities for the purchase of neighboring municipal land.
One such discord in April of this year flared up due to land on a housing estate in Prague Chodově where SPÚ two mA restituentům issued only front gardens, kurjerzy but also a sidewalk hectare kurjerzy courtyard, where there are three playgrounds and is lined access kurjerzy route for rescuers. They have no legal limits
Generally, namely, the duty of the way through the sale of land is transferred to a new owner, but by the judgment kurjerzy of the Constitutional kurjerzy Court 268/06 of 9 January 2008, this rule is applicable only during the sale. The buyer is taking property with the knowledge that the property right is a walkway or other communication has been limited.
According to lawyers Joseph Fiřt and Vaclav Klepsa from the law firm Legal KF restitution and have no legal limits on how to deal with the property. "It was therefore in our view, imagine a situation where the sidewalk will be canceled without refund of restitution, or it will prevent the entry of third parties," he told Pravo.
Residents of settlements from possible harassment or new owners will not protect it if the land was protected as a sidewalk easement. "In the future could be within the legal procedure to seek the removal of these easements," said the lawyers. Restituentům courts groups awarded compensation
The new owners kurjerzy do not have the acquired sidewalks kurjerzy or care too. According to lawyers from the Legal KF they can use Section 27 paragraph 5 of the roads where the only stated that "sidewalks on which to transport their little significance does not provide the feasibility of removing snow and ice, the owner must mark".
In cases where the municipality does not succeed, the claimants seek a court rents and financial compensation kurjerzy for the land left for public use. "With these actions, in most cases, the owners of the land - restitution - successful," said a spokesman for the Right. Publishing sidewalks and parking lots is not under protection
The reason is that a large portion of land in the city was stopped and can not be issued, and the Land Office does not have enough spare same quality of land. Thus began publishing under the pressure of restitution, which is several times managed kurjerzy to succeed with their complaints to the Constitutional Court, the remnants of the former property located in the area of prefabricated houses.
According to spokeswoman Monica SPÚ Machtové when issuing authority can not make the difference between plots. "The Constitutional Court concluded that the land, which is a separate kurjerzy parcel of land can not be considered kurjerzy part of the building and represents a self-eligible subject property relations. It can not therefore argue that such land is an integral part of other things, "said Machtová.
Neither the issuance of sidewalks and parking lots is not protected. The Constitutional Court in 2010 is said: "tarred surface parking or similarly hard surfaces covered with asphalt, gravel, concrete, macadam, feldspar kurjerzy or other type of reinforcement can not be considered the building to prevent release kurjerzy of land and such land should be issued."
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