The neighbor climbed into my territory – a statement about violation of the boundaries of the land plot

A significant part of court cases in Ukraine is occupied by land disputes. That is why this is a very relevant issue. As you know, land is a very important investment that does not lose its profitability and relevance. If someone encroaches on the border of your land plot, you should know how to defend your own interests. In this article, the real estate specialists of our law office Prykhodko and Partners will tell you how to correctly issue and submit a statement about violation of land plot boundaries.

The concept of good neighborliness and its violation

Article 103 of the Land Code of Ukraine clearly defines the concept of "good neighborliness". Its basis is the choice by owners and land users of such ways of using land plots that will cause the least amount of inconvenience to the owners of neighboring land plots. For example, land users must use their property exclusively for its intended purpose. Also, neighbors cannot violate the boundaries of the land plot. If it is not possible to solve such situations peacefully, there is such a tool as filing a statement about violation of the boundaries of a plot of land.

Algorithm of actions in violation of land plot boundaries

Violation of the boundaries of a plot of land is a common category of disputes. It is sometimes impossible to avoid problems even if you have land documents and enter the real estate object in the State Land Cadastre.

If it is not possible to come to an agreement with the neighbors, the first thing we recommend to do is to contact the representatives of the local authorities with a statement about the violation of the boundaries of the land plot. The response to this statement should be a review by the commission and the drafting of the corresponding Act. Representatives of this commission must measure your plot of land and clearly indicate the received information in this Act. This document will be an important piece of evidence in court.

The next step is to contact the prosecutor's office if the representatives of local authorities delay in making the appropriate decision. Our lawyers will help you prepare a statement regarding the violation of your rights.

If the issue has not been resolved at this stage, it is necessary to contact the regional bodies of the State Geological Cadastre. In the application, it is necessary to set out all the facts of the violation and to issue a request for drawing up the Act.

Private land management organizations can also record the facts of violation of the boundary of the land plot.

In most cases, violators of the boundaries of the land plot, after receiving indisputable evidence of their own guilt, offer a "peaceful settlement". This will help avoid litigation.

If it is not possible to reach an agreement, the solution will be an appeal to the court to eliminate obstacles in the use of the plot of land. In most cases, the court appoints an additional examination to establish the facts of boundary violation. If, for example, a neighbor has already managed to illegally install a fence on your territory, you will be compensated.

Help from a real estate attorney

Real estate lawyers Prykhodko and Partners provide a full range of services on land issues: from consulting to support in court. We also successfully conduct negotiations on behalf of clients regarding the resolution of land disputes.

If the court decision does not satisfy the client, we will prepare an appeal against this decision. Our real estate lawyers help in gathering evidence and preparing procedural documents regarding land disputes: request of a lawyer, statement of claim, motion, explanation, etc. At the stage of executive proceedings, we provide legal support to the client.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of a real estate lawyer in Kyiv and the Kyiv region, fill out the form below.