The return of property of a legal entity from someone else’s illegal possession is an important topic for business and legal practice. If the property of a legal entity has been stolen, used without permission, or is in illegal possession, the owner has the right to return it. In this article, we will consider the concept of the return of property from someone else’s illegal possession, the procedure for the return of property and recommendations for resolving such an issue.
The return of property from the illegal possession of others is the process of restoring ownership of the property of a legal entity that is in the illegal possession of another person. To return property from illegal possession of others, a vindication claim is used in accordance with the current legislation of Ukraine.
A vindication claim is a procedure that provides for the owner of the property to apply to the court with a demand to establish the fact of ownership of the property and to return it from the illegal possession of another person. A vindication claim may be filed against any person who illegally owns property, even if he is a bona fide purchaser of it.
What is the procedure for returning property from someone else’s illegal possession?
In order to return property from illegal someone else’s possession, you must perform the following steps:
- Gather proof of ownership of the property. Evidence can be contracts of sale, invoices, certificates of ownership, certificates of registration of property and other documents confirming ownership of the property.
- Contact law enforcement agencies with a statement about a crime related to the storage or alienation of property from illegal possession of others. The application should describe the situation in detail and provide all evidence of ownership of the property.
- Upon receipt of the application, law enforcement agencies will conduct an investigation and take measures to restore the violated property rights. If the fact of a crime is established, then appropriate measures will be taken against the perpetrators, in particular, sentences may be passed or appropriate executive actions taken to return the property to the owner.
- If the law enforcement agencies were unable to restore the violated ownership of the property, the owner may apply to the court with a vindication claim. In this case, you must provide all evidence of ownership of the property and contact a lawyer for legal assistance.
What to do if your property is illegally taken over by another person?
I will give a few recommendations on resolving the issue of returning the property of a legal entity for illegal possession of others:
- Act immediately: the sooner a legal entity seeks help from law enforcement agencies and begins the process of returning property, the greater the chance of success in this case.
- Gather Proof of Property Ownership: As previously mentioned, proof of ownership of a property is a critical element in any property recovery process. A legal entity must collect all possible documents proving its ownership of the property.
- Cooperate with Law Enforcement: It is important to cooperate with law enforcement during the property recovery process to help gather sufficient evidence and assist in the preparation of the claim and filing with the court.
- Contact a lawyer: in more complex situations where it is necessary to conduct complex legal analysis and go to court, you need the help of a professional lawyer who will provide legal advice and help draw up the correct court application.
- Be prepared for the fact that the process can take a long time: the return of property can take a significant amount of time, so you need to understand that the result may not be achieved immediately, but it is important to follow all procedures and not lose patience.
If you need to return property from someone else’s illegal possession, then seek help from professional lawyers – the law office “Prikhodko and Partners”.
Our lawyers are experienced in dealing with various cases of the return of property from illegal possession, so they will be able to help you collect the necessary evidence, draw up the relevant documents, as well as represent the interests of the client in the lawsuit.
In addition, we will provide legal support and advice at every stage of the case and help you achieve a successful outcome. So don’t hesitate and get in touch!