Baku/02.12.21/Turan: On December 1, another fruitless trial at the claim of the owner, located in the Lahish Baglary summer cottage village of the Sabunchi district of the dacha Dilshad Pashayeva against her neighbor and relative Nuhbala Pashayev, was held in the Sabunchi District Court of Baku. This trial is notable because it has been lasting for two years (!), although there is nothing unusual and complicated in the dispute between the two neighbors. Pashayeva claims a section of the road with gas and electricity communications, while not having a state document confirming such a claim. Pashayeva has only the decision of the Dacha economy, liquidated in 2006, to allocate a plot to her. But there is no scheme for the location of the site and its boundaries. In fact, today there is her house, surrounded by a fence she built, which is located on the side of the road. But she just in one piece wanted to seize the road for only one reason - she wanted it so.
The Sabunchu court demonstrates the inability of the Azerbaijani judicial system to resolve simple administrative disputes between citizens over several square meters of land. And all just because the Service of the Cadastre and Address Register of Real Estate under the State Service for Property Issues cannot provide a plot of the location of the site due to its absence in the archive.
It would seem that there is no problem, the road to which there is no document of ownership remains a common place, and the court must legitimize this truth.
Tricks of the Real Estate Cadaster and Address Register Service
The judge could reject these unfounded arguments of Pashayeva and terminate the process, putting an end to the obvious. But the court, at the request of the plaintiff, sent requests to the Real Estate Cadaster and Address Register Service under the State Property Service to send documents confirming the correctness of one or another party to the dispute.
Various papers with strange wording come to the court. One letter (The letter is dated August 6, 2021 and has the number 219920306646) says that the Service did not find evidence of Dilshad Pashayeva's ownership of the road section, so it is impossible to answer the court's question. But the letter was accompanied by a diagram drawn up by the employees of the Service on the basis of Google Map filming, on which the disputed section of the road was arbitrarily included by the hand of an official without a legal basis within the boundaries of the section of Dilshad Pashayeva, and presented as a fact that was actually recorded on the spot. However, this "fake" is refuted by real photographs on site and alternative Google Map images, which were taken by December 1st. They clearly show D. Pashayeva's fenced house, built next to the road. This fact was recorded as early as March 12, 2021 during an on-site survey by engineer Ə. Abdullayev on the instructions of the Real Estate Cadaster and Address Register Service under the State Service for Property Affairs. His diagram demonstrates the fact that the fenced-off section of Pashayeva is outside the road.
In fact, the court has good reason to accept the verdict on the illegality of Dilshad Pashayeva's encroachment on public land. However, this does not happen. On December 1, a representative of Turan agency was present at a regular court session. The action resembled a theater of the absurd. Judge Ashir Samedov threw up his hands, saying that he could not get an intelligible document from the State Property Service under the Ministry of Economy and intends to summon an expert from this department to the next meeting. The assistant judge laughed when he said that he had repeatedly called the State Cadaster Service ... to summon a representative to court. But calls are not answered there. He laughingly promised the lawyers that their efforts would not be successful. The plaintiff - D. Pashayeva tirelessly spoke in her defense, but having not a single supporting document, and two lawyers were simply serving their service.
The defendant Nuhbala Pashayev, whose goal is not to expand his land property at someone else's expense, but to preserve the common road so that he does not have to get to the house, climbing over the fences, grabbed his heart (and he was many years old) and was surprised at the senselessness of what was happening.
What does the court want by dragging out a land dispute between two neighbors? The judge has few available facts, he demands new proof of the correctness of one of the parties. The process drags on and it is already clear that this year there will be no end to it, since the judge will go on vacation in December. The next meeting is scheduled for January 2022.
Letter to the Minister
On November 12, Turan agency sent a letter to Minister of Economy Mikail Jabbarov with a request to give instructions to deal with this issue. The letter states that the employees of the Real Estate Cadaster and Address Register Service under the State Service for Property Issues, to put it mildly, are dissembling, claiming that there are no archival documents indicating the location of land plots in the specified suburban area. The agency has evidence that they are.
The agency is awaiting the results of the proceedings of the Ministry of Economy and a reply to the letter dated November 12, 2021. -0—