IMPOSING BETWEEN ONE LAND ON ANOTHER. HOW TO SOLVE THIS PROBLEM?

 Paragraph 6 of Article 24 of the Law of Ukraine “On the State Land Cadastre” provides for a list of grounds for refusal to conduct state registration of a land plot located within the territorial boundaries of another land plot or its part.

 According to case law, landowners often have problems with land boundaries when registering property rights.

 The cadastre does not contain a significant part of information on land plots, today there is confusion, as there is a possibility of belonging to several persons at the same time.

 To carry out the alienation of land, it is necessary to have a cadastral number of land. After all, in the future it will not be possible to sell, donate or house located on the land. The legislation provides for several ways to regulate the above issue.

 First, it is necessary to re-register the ownership of land of a smaller configuration. In case of an error after entering the information into the State Land Cadastre, then the rules of the Procedure for maintaining the State Land Cadastre apply.

 As can be seen from the above, the obligation to correct the error arises with the state registrar, if the documents confirm the fact of inconsistency of the information contained in the State Land Cadastre.

 Secondly, and another variation in resolving this issue is the need to appeal to both local government and the court. To eliminate a technical error that arose as a result of erroneous information specified in the documents, such as technical documentation on land management and land valuation, on the basis of which there is an error in the information of the State Land Cadastre.

 The main documents in respect of which changes are made to the information on the land plot are the court decision and technical documentation on land management regarding the establishment of the boundaries of the land plots in kind.

 First of all, it is necessary to submit an application to the State Land Agency to correct the error. If the address is incorrectly indicated in the issued state act on the right of ownership of the land plot, the decision of the village council should be additionally attached, indicating the correct variation.

 To register your ownership of land, you must contact the state registrar and register your ownership.

To solve the problem, which is increasingly common in practice, you need the following:

Undoubtedly, the imposition of one land plot on another is a technical error of the registrar or an error in the conclusion of land management documentation by the relevant organizations, which causes obstacles to the full use of their property. Protection in court or out of court is required first.

 Conflicts between owners are becoming more and more frequent, and to date, there is no clear mechanism for resolving this conflict without violating the rights of all landowners. This issue needs to be reformed at the general state level, and the procedure for settling discrepancies should be provided for in a separate legal act.

 In our opinion, the solution to the problem in the above issue is to conduct a policy of monitoring the existing land plots for compliance with their actual boundaries.