When selling real estate, the tenant's replacement occurs automatically

The plaintiff appealed to the court with a claim to the enterprise to recover lost profits in the form of a rent for the use of land. His claim is based on the fact that the company used a plot of land under real estate acquired without registration of title documents.

The local court refused to satisfy the claim, but the appeal court satisfied it. The Supreme Court also agreed with the decision of the court of appeal. Here are the arguments of the Supreme Court:

1. Under the provisions of Part 3 of Art. 7 of the Law "On land lease", a new owner of a residential building or a building located on a leased land, receives the right to lease this land.

2. A contract that provides for the acquisition of title to real estate automatically terminates a lease agreement with the previous tenant.

Thus, according to the Supreme Court's conclusion, in the case of the transfer of ownership of real estate, the landlord's substitution in the corresponding current agreement of lease of land takes place automatically, regardless of whether the documentary re-registration of the lease relations has taken place (the decree of the SC from 02/27/2012 in case No. 913/661/17).

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