Cancellation of state registration of a land plot

Land deregistration is a legal procedure that results in the removal of information about a particular land plot from the State Land Cadastre, and the cadastral number itself becoming invalid. In essence, this means that the land plot ceases to exist as an independent object of rights within the framework of land relations. In order to apply for the cancellation of state registration, one of the grounds clearly defined in the current national legislation must be present. We will examine this issue in more detail below.

When can the state registration of a land plot be canceled?

State registration is an important stage, since it is after it that a unique cadastral number is assigned to the land plot. This number is stored permanently for the plot, and its cancellation is possible only in the event of cancellation of the state registration itself. It is worth emphasizing right away that a change in the owner, user, or any other information about the plot is not a reason for this. Thus, according to the Resolution of the Cabinet of Ministers of Ukraine No. 1051, state registration of land may be canceled in the case of:

• division or unification of land plots;
• non-registration of a property right within a year due to the applicant's fault;
• the presence of a court decision (for example, on the grounds of invalidating a permit for the development of land management documentation).

Cancellation of state registration of a land plot through the court: how to proceed?

Although the law mainly provides for cases of cancellation of registration by the cadastral registrar, situations often arise when the registration violates the rights and legitimate interests of other persons. In such cases, the only effective way to protect yourself is to go to court. As a rule, it is applied to when:

• the site belongs to a different category of land;
• the boundaries of land plots intersect;
• the absence of legal grounds for land allocation;
• violation of the state registration procedure.

In order for the court to begin considering the case, it is necessary to submit a correctly drawn up claim to it. Below we will examine in more detail the main requirements for the specified document.

Claim to cancel state registration of a land plot

The statement of claim must meet the requirements of the Civil, Commercial Procedure Code or the Code of Administrative Procedure of Ukraine (depending on the jurisdiction). It must include the following information:

• name of the court;
• full details of the plaintiff and defendant;
• a statement of the circumstances that became the basis for the appeal;
• justification of the illegality of state registration (reference to the norms of the legislation for confirmation);
• clearly formulated claims (claim part);
• other information (in particular, the calculation of court costs for their recovery from the defendant in the event of satisfaction of the claims).

It is also necessary to attach to the claim all available evidence confirming the circumstances of the case. These may include, firstly, copies of documents on ownership, secondly, land management documentation, thirdly, expert opinions, etc. It is also important to attach to the application the original receipt for payment of the court fee and its copies for all parties to the case.

Court fee for filing a claim

The amount of the court fee is set in accordance with the Law of Ukraine “On Court Fees” at the level of 1211.20 hryvnias (for individuals) and 3028 hryvnias (for legal entities and sole proprietors, respectively). It is worth emphasizing that filing a claim through the Electronic Court system by a lawyer can reduce the court fee and help speed up the entire procedure.

What happens after the state registration of a land plot is canceled?

Cancellation of state registration of land entails:

• cancellation of the cadastral number;
• closure of the land register.

However, this does not automatically result in the cancellation of ownership rights (unless otherwise specified in the court decision). Cancellation of registration means that the land plot ceases to exist as a separate object of cadastral registration, but the issue of rights is resolved separately. There is also an opportunity to protect your rights by filing a lawsuit for:

• recognition of rights to land;
• restoration of the condition of the plot;
• invalidation of decisions of executive authorities or local self-government bodies.

Legal support for the cancellation of state registration of a land plot from the law firm “Prikhodko and Partners”: why is it worth choosing us?

By choosing the law firm “Prikhodko and Partners” to support the process of canceling the state registration of a land plot, you get a reliable partner who will ensure effective protection of your rights. With us you will receive:

• a thorough examination of your request;
• a comprehensive approach to the problem;
• effective representation in court;
• reduction of risks in refusal.

Thus, our experienced lawyers also prepare all the necessary documentation to protect your rights, determine the correct jurisdiction for filing a claim and support the entire process from beginning to logical conclusion. The cost of our specialist’s services is not fixed and depends on the complexity of the request itself and the need for additional legal services.

Law Firm “Prikhodko and Partners” is about achieving the best result for the client. To find out the price of canceling the state registration of a land plot with our help, fill out the form below.