Claiming property from someone else’s illegal possession is judicial practice

Protection of ownership of real estate is one of the priority activities of lawyers. It is not uncommon for property owners to experience illegal possession of their property by other persons. In such situations, a vindication lawsuit comes to the rescue - a legal mechanism that allows you to return the property to the rightful owner.

What is a recovery action?

A vindication lawsuit is a lawsuit filed by the owner of real estate against a person who illegally owns it.

The purpose of such a lawsuit is to return the property to the rightful owner.

Grounds for filing a vindication claim

In order to file a vindication claim, the following conditions must be met:

• The plaintiff is the owner of real estate. This can be confirmed by a certificate of ownership, a sales contract, and other documents.
• The defendant illegally owns real estate. This may be the case when the defendant does not have any documents confirming his ownership, or he owns the property on the basis of an invalid contract.
• The plaintiff does not own real estate. That is, he cannot dispose of it, use it, receive income from it.

Judicial practice

Court practice in this area of ​​law is quite broad and diverse. Court decisions largely depend on the specific circumstances of each case.

Some common types of decisions that courts make are:

• Satisfaction of the claim. In such a case, the court recognizes the claimant's ownership of the disputed property and obliges the defendant to vacate it. This can happen if the plaintiff has provided the court with sufficient evidence to prove his ownership, for example, a certificate of ownership, a contract of sale, a deed of acceptance and transfer, etc.
• Refusal of the claim. The court may reject the claim if the claimant has not been able to properly prove his ownership of the property. This can happen if, for example, the claimant does not have the necessary documents, or he cannot confirm the fact of ownership of the property.
• Partial satisfaction of the claim. In some cases, the court may partially satisfy the claim. This may mean that the court recognizes the claimant's ownership of only part of the disputed property, or obliges the defendant to release the property only under certain conditions.

It is important to note that the above examples are not exhaustive. The court's decision in each specific case will depend on many factors, such as:

• Availability and reliability of evidence provided by the plaintiff and the defendant.
• The legal basis on which the defendant owns the disputed property.
• Good faith or bad faith actions of the parties.
• Presence of violations of legislation.

Given the complexity and ambiguity of this area of ​​law, it is recommended to seek the legal assistance of a qualified attorney.

Important points when claiming property

In order to successfully consider the case of claiming real estate from someone else's illegal possession, the plaintiff needs to collect as much evidence as possible that confirms his right to ownership of the property. These can be documents, photographs, witness statements, etc.

Given the complexity of such cases, it is recommended to seek legal assistance from a qualified attorney. A legal expert will help you to properly file a claim, collect the necessary evidence and represent your interests in court.

Contact our lawyers and increase your chances of success in the case of claiming real estate from someone else's illegal possession

Have you experienced illegal possession of your real estate? Don't know how to act? Contact the qualified lawyers of our company "Prykhodko and Partners" and we will help you get your property back

What we can do for you:

• We will consult on your issue and explain your rights and obligations.
• We will help you collect the necessary evidence and file a claim.
• We will represent your interests in all court instances.
• We will appeal the court's decision if it is not in your favor.
• If necessary, we will involve other specialists in the case, for example, appraisers, experts.

Reclaiming real estate from someone else's illegal possession is a complex legal process that requires careful preparation. By contacting our lawyer for help, you can significantly increase the chances of a successful resolution of the case in your favor.
To order a detailed consultation and to calculate the cost of claiming the property, fill out the form below.