Farmer vs. Rosimushchestvo: Court Upholds Right to Purchase Land

Six years of haymaking and cattle grazing on leased land — and the farmer decided to buy the plot. But the Interregional Department of Rosimushchestvo refused him twice, citing violations: concrete slabs, hogweed, and crossing borders with the forest fund. It would seem the refusal was justified, but courts of three instances examined the case and came to a different conclusion.

The farmer timely eliminated all violations, cleared the territory, and at the time of applying to Rosimushchestvo he had no unresolved claims. Moreover, the agency could not prove the presence of forest plantations or water bodies on the plot. Documents on agricultural use — reports, equipment, fuel receipts — confirmed the intended use of the land.

The 8th Cassation Court of General Jurisdiction pointed out the key condition: the sale of agricultural land to a tenant without bidding is possible if the lease agreement has been in effect for at least three years, the application is submitted before the lease expires, and violations are eliminated. The farmer fulfilled all these requirements, so Rosimushchestvo was obliged to prepare a purchase and sale agreement.

This case is a reminder to tenants: timely elimination of violations and documentary confirmation of the intended use of land are your strongest arguments. And for state bodies, it is a signal that formal nitpicking without an evidence base will not help evade the law.