Resolving a conflict: Lease of municipal land

The municipal property management body of one of the towns of the Kyrgyz Republic and the lessee whose lease term of municipal land had expired could not agree and resolve the issue on this land.

The conflict was based on lease agreement expiration for 400m2 of land located in a recreation park where the lessee has installed some attraction rides.

Despite the expiration of the lease the lessee delayed the work on their reinstallation and vacating the land, stating that he is currently abroad and he does not have time to vacant the land.

The municipal property management body intended to appeal to the district court to take drastic measures against the lessee, but in order to save time, they turned to the local Mediation Service center.

During the investigation of the conflict, it was found out that the lessee was interested in leaving the rides at the installation site until a buyer was found and he would be able to sell them, and since the rides would not be operated temporarily, he asked to suspend the payment of rent.

The municipal property management body aimed to provide decent conditions for the recreation of local residents, and expressed interest in releasing land plots and replenishing the local budget by leasing land.

As a result of the mediator's work, an agreement was concluded with the parties to the dispute on applying the mediation procedure. Mediation was carried out successfully and a mediation agreement was concluded.

According to the terms of the mediation agreement, the lessee undertook, to demolish and remove the game attractions within the prescribed time at his own expense as well as to restore the land plot in accordance with the Lease Agreement, bring the land into proper condition and transfer it to the municipal property management body.

In turn, the municipal property management body agreed to the lessee’s obligation to bring the plot into proper condition before the designated time and to accept the land from the lessee after.

This conflict was resolved within the framework of the work of the local Mediation Service opened by the Yntymaktuu Zhashoo (Living in Peace) project.