Supreme Court of Georgia

The court legalized 5 acres of land to the private person

Published: 11/16/2011

The Supreme Court decided another dispute for the favor of natural person and legalized right of property of the land to Nikoloz Mchedlidze. The dispute between parties was concerned to the mortgage note on 5 acres of land.
In 2007 Nikoloz Mchedlidze has purchased the land in the region of Khashuri by lease-purchase agreement, under which the mortgage would have been removed if Mchedlidze paid 70% of the cost in three years from the date of purchase. On May 18, 2010 Mchedlidze paid the mentioned amount envisaged by the contract and requested removal of mortgage on the land. However, Privatization and State Property Registration Office considered, that Mchedlidze had to pay it on May 17, 2010, so the date of payment as well as the contract was violated.
Nikoloz Mchedlidze appealed the reject of the administrative organ at the court and indicated, that the calculation of the contract term should have started from May 23, 2010, i.e. from the moment of registration at the Public Registry.
In all three instances the dispute was resolved for the favor of Nikoloz Mchedlidze. According to the explanation of the court, for the moment of registration of the contract the new law was already in force, according to which the date of property rights registration is considered not the date of appeal, but the date of registration of this right itself.