Фото: Claim for recognition of the right of ownership by acquisitive prescription

"Human rights are above all"

Alla Borysenko

Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.

Contact now

Claim for recognition of the right of ownership by acquisitive prescription

Reading time: 4 min.

If you have taken possession of movable or immovable property, and its original owner does not declare his legal rights to possession, disposal, and use, then in this case you can recognize the ownership rights by acquisitive prescription.

To do this, it is necessary to prepare a legally competent statement of claim and contact the relevant state authorities. However, not every citizen of Ukraine knows what such a statement should contain. What is the relevance of the chosen topic for today.

Therefore, in this article, we will talk about the features of writing a statement of claim for the recognition of the right of ownership by acquisitive prescription.

What should you pay attention to when writing a statement of claim?

First of all, it is necessary to understand that cases of recognition of the right of ownership by acquisitive prescription are considered in the procedure of legal proceedings, and therefore the parties to the case are the plaintiff and the defendant, and third parties may also be involved (if necessary).

In addition, the lawsuit must be subject to a monetary assessment, which determines the cost of court fees.

When writing a statement of claim, one should take into account the fact that the circumstances stated in it must be confirmed by the appropriate evidence base, which should be submitted together with the statement.

photo Statement of claim for recognition of the right of ownership by acquisitive prescription

So, for example, the plaintiff must prove that he owns the property:

  • In good faith (not knowing that this property has another owner),
  • Openly (not hiding the fact that such property is in the possession of a person),
  • Continuously (that is, the acquisition statute of limitations was not interrupted during the entire period of ownership of this property),
  • Legally (without violating the current prescriptions of Ukrainian regulatory and legal acts).

Also, the statement of claim should indicate the fact that the original owner of the property does not declare his legal rights and claims to the possession of movable or immovable property, which in turn makes it possible to recognize the ownership rights by statute of limitations.

Importantly! You should correctly choose where you need to submit an application, since cases of recognition of the right of ownership by acquisitive prescription may have exclusive jurisdiction, and therefore their consideration in such a situation will take place at the location of the immovable property or its main part (Part 1 of Article 30 of the CCU).

In addition, if the plaintiff does not comply with these rules of jurisdiction, the filed statement of claim will be returned to him.

Who is the defendant in this category of cases?

The previous owner of movable or immovable property or his legal successor acts as a party to the defendant in lawsuits for recognition of the right of ownership by acquisitive statute of limitations.

In the case when it is impossible to establish neither the previous owner of the property nor his legal successor, the body authorized to manage the property of the relevant territorial community will act as the defendant.

Importantly! In cases of recognition of the right of ownership by acquisitive prescription, there must necessarily be a dispute about the right, which the court resolves within the framework of the legal proceedings. Since, if the defendant does not challenge the claimant's right to own movable or immovable property, then the judicial authority has no legal grounds for consideration of this category of cases.

photo Statement of claim for recognition of the right

Independently writing a statement of claim for the recognition of the right of ownership by acquisitive prescription is a rather difficult task for its successful implementation in practice, as it requires the availability of relevant knowledge and experience.

Therefore, if you need to write any procedural documents, you should contact reliable lawyers - Prikhodko and Partners law firm.

Our team understands problematic issues in various fields of law, which in turn allows us to provide only qualified legal support to the company's clients. So don't delay and contact us!

Calculate the price of assistance:

1 question

Have other lawyers handled your case?

Yes
No

2 question

Are you in Kyiv or Kyiv region?

Yes
No

3 question

Do you need legal assistance urgently?

Yes
No

Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.

Contact now
How helpful was the article? Rate:

5

Count of grades:

12

20%
discount
If we do not
call back
during the day
Consultation
Law Company
Leave a request for legal assistance right now:
The best lawyers
Fair price
We work quickly
Online / offline consultation