Recognition of property ownership in court

Recognition of property rights in court is one of the most common requests for which clients turn to lawyers. For specialists of the Law Office “Prikhodko and Partners” this topic is one of those that are the focus of the practice. We propose to consider in more detail the situations in which it will be relevant to recognize the right of ownership precisely in court. We will also tell you how our services can be useful in this context.

When the right of ownership is recognized in court

This refers to the following situations:

• if the right of ownership is not recognized by another person;
• if such a person tries to challenge it;
• if a document serving as a certificate of ownership has been lost.

If the ownership is not recognized or disputed by another person, the owner can file an appropriate legal action. This is provided for in Art. 392 of the Civil Code of Ukraine. It is difficult and irrational to act in such a situation on your own, so it would be much more expedient to enlist the support of professional lawyers. We will carefully study the situation, draw up a statement of claim, guide you in the matter of the evidence base for confirming ownership and ensure high-quality representation of your interests in court.

Inherited property: how to recognize the right of ownership

The judicial procedure for recognizing the right to hereditary property is considered exceptional. It becomes relevant only when there are obstacles to obtaining the right to inheritance in a notarial order. At least that’s how it sounds in theory. In practice, the situation sometimes looks radically opposite. Litigation often arises between heirs, so it is appropriate to enlist the help of truly professional lawyers who will help protect your rights and interests.

Having extensive experience and having many successful cases, we do not use template solutions, although we know effective work algorithms. First, we carefully examine your situation and study all the facts that can be brought into the evidence base in your favor. And only then we form a representation strategy.

In addition to disputes between heirs, there are other reasons that prevent the registration of ownership of the inheritance property using the services of a notary. For example, we are talking about a situation where the heirs accepted the inheritance, but they cannot formalize it with a notary due to the lack of title documents. The problem usually looks like this:

• there are no documents in the name of the testator for the inheritance property;
• there is no state registration of this property by the testator in the manner prescribed by current legislation.

This situation is often found in rural areas. It happens that the right of ownership of the house or land plot of the testator can be confirmed by the presence of a corresponding entry in the household book of the village council. Another fact in confirmation is that the deceased owned such property for a long time.

As a result of the fact that the first owners did not draw up documents for their property, there is no documentary basis to register the right of ownership of the heirs with a notary. In such a situation, the judicial procedure becomes the only possible one. And, as practice shows, with the right strategy of the heir’s lawyers, the case is usually winning.

Why you should contact us

When the question of recognition of property rights in court arises, the result largely depends on the quality of legal support. For our part, we guarantee maximum attention and involvement in the case during the representation of your interests.

We will carefully investigate and attract all the necessary documentation, based on the specifics of your particular case. Contacting the lawyers of our team will help you save time and effort, as you will not have to independently research the current regulatory framework and face many pitfalls of the legal system that could negatively affect the result.

We will make sure that your legal ownership is recognized in court.