(extraction)
of August 1, 2005 No. 1025
The owner of real estate has the right to demand from the owner of the next parcel of land, and in necessary cases and from the owner of other parcel of land of provision of the right of limited use of others parcel of land (servitude) the Servitude is established only if the owner of property (parcel of land) has no other opportunity for pass and journey.
O LLC appealed to economic court with the action for declaration to defendants of IP D, "T", E LLC and Sh.'s state of emergency about establishment of the servitude (the right of limited use of others parcel of land) for pass and journey and compulsion of IP D to fulfill agreement obligations of purchase and sale of the real estate of October 18, 2004.
According to the plaintiff's declaration the Head department of regulation of land relations and the inventory of the real estate is involved in participation in case in quality of the third party who is not declaring independent requirements.
Claims are satisfied by the judgment partially. The servitude for pass is established and journey of O LLC through the parcel of land on which the real estate object of state of emergency of Sh. V of other part of the claim is located it is refused.
The judgment is left by the resolution of appellate instance without change.
Without having agreed with court resolutions, Sh.'s state of emergency appealed to the Supreme Economic Court with the writ of appeal where asks decisions to change, establish to the claimant the servitude through the parcel of land of IP D.
Judicial board, having listened to explanations of agents of the parties, having studied case papers, having discussed arguments of the writ of appeal, finds it proved on the following bases.
As it is seen from case papers, according to the purchase and sale agreement of October 18, 2004 the claimant of O LLC acquired at the defendant of IP D real estate object, at the address: Tashkent, Ulitsa Gavkhar, 151 with a total area of 5044 sq.m.
After possession and use of the acquired real estate object at O LLC problems with journey and pass on the territory began to arise.
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