Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Case: Defended the legal right to the land plot of a housing cooperative in court
The essence of the dispute
The association of co-owners of the apartment building “Komarova-38” filed a lawsuit with the Commercial Court against our client, the service cooperative of the housing and communal services “Building Association-3”. The plaintiff demanded the recovery of a land plot with an area of 0.1824 hectares, located at the address: Myla village, Buchansky district, Kyiv region, Komarova street, 38.
According to the plaintiff, the land plot, which has been privately owned by the housing and communal services since 2013, allegedly illegally left the ownership of the co-owners of the apartment building. The condominium association asked the court to recover this plot from “another’s illegal possession”.
What did we do?
Our team of lawyers conducted a comprehensive analysis of the situation and developed a legal position based on the following key arguments:
- Legality of acquisition of ownership: The land plot was purchased by ZhBK on the basis of a purchase and sale agreement in 2013. The ownership was registered in accordance with the established procedure, confirmed by an appropriate extract from the register.
- Lack of legal grounds for the claim: the condominium association did not provide evidence that the land plot left its possession against its will or illegally.
- Clear demarcation of property rights: the condominium association “Komarova-38” was created only in 2023, 10 years after the registration of the ownership of the plot. The ownership of ZhBK cannot be automatically canceled in connection with the creation of the condominium association.
- Supreme Court practice: We referred to the legal position of the Supreme Court in similar cases (in particular, Resolution No. 161/2915/20), which makes it impossible to reclaim land plots legally acquired by another person, even in the event of a change in the form of management of an apartment building.
While accompanying the client in the legal process, our company:
- Provided the client with a comprehensive legal assessment of the situation.
- Prepared and filed a reasoned response to the statement of claim.
- Attached all necessary evidence of the legality of the property right.
- Participated in all court hearings and argued against the plaintiff’s claims.
- Achieved full protection of the client’s property rights.
Result
The court completely rejected the claim of the Komarova-38 condominium association. In the decision, the court recognized that ZhBK is the rightful owner of the land plot, and the claims are groundless and unfounded. Thus, the ownership of the land plot remained with our client.
This case confirms that even in the presence of controversial circumstances and active pressure from the plaintiff, the right defense strategy and proper evidentiary base allow the owner’s rights to be effectively defended in court.