Compensation for obstruction of the use of property

Compensation for Interference with Property Use: Legal Protection and Court Practice

The right to use one’s property is a fundamental right guaranteed by the Constitution and laws of Ukraine. However, property owners often face obstacles in using their property. These can range from physical actions to legal restrictions on access. In such cases, property owners have the right to seek compensation for interference with property use and can also demand the removal of such obstacles through the courts.

What is Interference with Property Use?

Interference with property use includes any actions or inaction that restrict or prevent the owner from accessing their property. This often concerns residential premises, land plots, or other real estate objects.

The Law of Ukraine "On the Protection of Owners' Rights" provides the owner with the right to go to court to eliminate such obstacles and claim damages.

Legal Grounds for Compensation for Interference with Property Use

Ukrainian legislation provides several legal mechanisms to protect the owner from unlawful restrictions on access to their property. The main regulatory acts governing these issues are:

• The Constitution of Ukraine, which guarantees the inviolability of private property.
• The Civil Code of Ukraine (Articles 391 and 396), which establishes the owner’s right to remove obstacles to property use and the right to compensation for damages.

Specifically, Article 391 of the Civil Code of Ukraine allows the owner to demand that those interfering with the use of their property cease such actions. The owner also has the right to claim compensation for damages caused by these actions.

How to File a Claim for Compensation for Interference with Property Use?

Filing a claim to remove obstacles to property use is a crucial step in protecting your rights. The claim must include the following key elements:

• A description of the facts. This includes a detailed description of the situation, how, and when the right to use the property was violated. For example, this could be a case where neighbors unlawfully occupied part of a land plot or installed a fence on a driveway.
• Evidence. It is necessary to provide all possible documents that confirm your ownership rights and the facts of the violation. These may include court decisions, government acts, and witness statements.
• Damage assessment. If the interference resulted in financial losses (e.g., you were unable to use your property for business purposes), it is important to provide proof of the damages incurred.

The claim must also contain a demand to remove the obstacles and compensate for the damages. Proper preparation of all documents increases your chances of a successful court outcome.

Court Practice in Eliminating Interference with Property Use

Court practice shows that many owners successfully defend their rights in court and receive compensation for interference with property use. One example of court practice concerns a case considered by the Supreme Court in 2020, where it was established that the relatives of a co-owner unlawfully resided on the premises without the owner's permission. The court ruled in favor of the owner, ordering the eviction of the illegal occupants and requiring them to compensate for the moral and material damages caused.

Another example is case No. 755/2954/20, where the court found that one co-owner interfered with the other co-owner's use of joint property by refusing access to common premises. The court ordered the defendant to compensate for the damages caused by the prolonged violation of the owner's rights and imposed an obligation to remove the obstacles.

How to Prepare a Claim to Remove Interference?

A well-prepared claim is crucial to a successful court outcome. The following documents should be attached to the claim:

• Ownership documents. These may include property ownership certificates, court decisions, or other documents confirming your ownership rights.
• Evidence of interference. It is important to provide evidence showing that you were prevented from using the property. This can include photos, witness statements, and documents proving restricted access to the property.
• Damage assessment. If the interference caused losses, such as the inability to collect rent or other financial losses, these should be documented.

Emotional Impact of Interference with Property Use

Interference with property use often causes not only material but also psychological consequences. Constant restrictions on property access can lead to stress, anxiety, feelings of helplessness, and frustration. This is especially true in cases where the owner cannot use residential premises or land for an extended period due to illegal actions by others.

The moral harm caused by such violations is an additional ground for seeking compensation in court. When filing a claim, it is important to consider these aspects and demand fair compensation for the emotional suffering caused.

Conclusion

Interference with property use is a serious violation of property owners’ rights. Ukrainian legislation offers several ways to protect these rights, including the removal of obstacles and financial compensation. Court practice shows that many property owners successfully protect their rights and receive compensation for the harm caused. If you face such a situation, our legal experts are ready to provide you with full support, from consultation to court representation.

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Step 1: Contact Us. To start, you just need to fill out the form on our website or give us a call. We will get in touch with you immediately to clarify the details.

Step 2: Get a Consultation. After the initial contact, we will schedule a convenient time for a consultation. The consultation will continue until all your questions are answered. During it, you will be able to describe your situation, and we will provide you with an initial case assessment and the prospects for its fastest resolution.

Step 3: Strategy Development. Based on the information provided, we will develop an individual plan that takes into account all the specifics of your case. You will learn about the specific steps we will take to ensure the desired result and a successful outcome in court.

Step 4: Legal Support. After the strategy is approved, we begin working. Our lawyers handle your case from start to finish, ensuring the protection of your interests at every stage—from document preparation to court representation.

Step 5: Achieving Results. Upon completing the case, you will receive a detailed report of the work done and, most importantly, the resolution of your problem. We will support you until you get the desired result and all issues are resolved.

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