Фото: OBTAINING THE RIGHT TO OWNERSHIP OF A LAND PLOT FOR AN EXPIRATION DATE .

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OBTAINING THE RIGHT TO OWNERSHIP OF A LAND PLOT FOR AN EXPIRATION DATE .

Reading time: 3 min.

The current legislation provides for such a ground for acquiring the right to ownership of land as a prescription. Under certain conditions, a person who holds property for a long time may file a legitimate title to him. Such conditions are:

- honesty of taking ownership of someone else's property - that is, there is no violation of the law in obtaining property in possession;

- open, undiscovered use;

- the continuity of ownership within the statutory term - for movable property it is 5 years, for immovable property - 10.

At the same time, it is possible to arrange the right to own immovable property only after a court decision. When dealing with the corresponding claim, it is necessary to prove compliance with the owner of the above conditions in their totality.

But can it be acquired for an unpardonable land?

There is even a special article in the Land Code of Ukraine entitled "Acquisition of the right to a land plot for the time period of use (prescription)". It sets out the same general conditions - honesty, openness and continuity of ownership. The period during which the land plot should be used to raise the issue of prescription is increased: if for other types of real estate it is sufficient for 10 years, the land plot should be 15. The user should not have any document that would give any right on the plot - it's impossible for 20 years to use the land under the lease agreement, and then declare the statute of limitations.

But after the user of the land plot has a positive answer to himself on the question of compliance with all the requirements established by law for the registration of ownership of land for prescription ... he may apply to the appropriate state authority or local government with a statement on the allocation of his land in the property or provision for use in the general manner prescribed by law. Within the limits of the rules of free privatization (determined separately for different types of use) and with observance, according to the general rule, the order of conducting competitive procedures (for acquiring a plot of land for rent).

The Supreme Court, analyzing the provisions of Article 119 of the Land Code of Ukraine, also concludes that the said norm does not provide any advantages for the persons specified in part one of this article, since even the observance of all conditions of prescription does not lead to the creation of a right to ownership of land and actually sends to the general procedure for the provision of land plots in the property or for use (Articles 118, 123 of the Criminal Code of Ukraine).

This provision only provides for the right to apply to a public authority or local government with a petition for the transfer of land to the property or use and does not provide for the mandatory transfer of land to the ownership or use of such persons subject to the procedure provided for by law for the treatment and presentation of the necessary documents (resolution in the case No. 742/2916/15-ts dated April 11, 2018).

Thus, the answer to the question posed in this article is unequivocal and negative - in fact, the mechanism for realizing the acquisition of the right to ownership of land is not foreseen by the current legislation.

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