Division into apartment ownerships: challenge to application dismissed
Editorial summary
OÜ IKB sought to invalidate an application dividing property into apartment ownerships and restore the former co-ownership. The court refused: a registration application cannot be challenged like a transaction, and no basis for restoring the former position was established.
Narva linn, Energia tn 2a korteriühistu · 80265468
OÜ IKB · 10161031
Participants and roles
- OÜ IKB — claimant
- Narva linn, Energia tn 2a korteriühistu — defendant
The dispute and the court’s decision
OÜ IKB sued Narva linn, Energia tn 2a korteriühistu to invalidate the property division application of 8 November 2007 and restore the former co-ownership. It alleged that it had misunderstood the consequences when signing and learned of the changes to its premises later. The association argued that this was an application to the registrar rather than a voidable transaction, also invoking expiry of the time limit and the wrong defendant.
The court dismissed the claim in full. A land registration application could not be avoided for mistake like a transaction. There was no separate underlying contractual transaction that could support that challenge. The claimant did not identify a legal basis or procedure for restoring co-ownership, and the court found none.
As the application was not voidable on the pleaded basis, the court did not examine the time-limit objection. All costs were allocated to OÜ IKB; their monetary amount was not fixed in this judgment.
Outcome of this decision
The claim was dismissed in full: the division application was not invalidated and the former co-ownership was not restored. OÜ IKB bears all litigation costs.