Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Recognition of ownership of real estate
The application of the methods of protection provided for in the legislation must be justified and expedient in terms of efficiency. Recognition of the right of ownership must actually restore the violated or disputed right, and therefore it is important to correctly approach the preparation of the trial. In this article, we will consider in more detail the main subtleties of this method of protecting real estate.
Recognition of the right of ownership of real estate as a method of protecting the rights of owners
This concept should be understood as a legal action aimed at officially confirming by the state the fact of a person’s ownership of a specific real estate by issuing a corresponding court decision. The application to the court is initiated by the legal owner of the real estate or a person who considers himself to be one. This procedure is an important tool of protection, which today is divided into recognition of the right to an apartment, a house (including unauthorized construction sites) and a land plot. Below, we will examine each of the cases in more detail.
Recognition of ownership of an apartment/house
The owner of an apartment or house may file a lawsuit with the court on the following grounds:
- another individual or legal entity denies the right, declares their rights to this property;
- the original title deed for real estate has been lost (in this case, it is impossible to obtain a duplicate);
- the apartment or house is an illegally constructed object (procedure for legalizing illegal construction);
- if a person is an heir and wishes to recognize his or her property in the order of inheritance through the court (at the same time, you cannot formalize it in a notarial manner due to the existence of a dispute with other heirs);
- when there is an acquisitive prescription, in particular, actual possession and bona fide possession by a person of an apartment or house for the last ten years;
- it is necessary to eliminate errors in state registration.
Recognition of ownership of a land plot
In the case of a land plot, the list of grounds for applying to the court includes the list set out above and a number of additional cases. Accordingly, a lawsuit may be filed with the court, including when:
- there is a division, merger of plots and at the same time there is a need to recognize the rights to the newly created plots;
- it is necessary to recognize the right to land of the successor of a legal entity as a result of its reorganization (merger, division, transformation);
- there was a recognition of invalidity of decisions of state authorities or local self-government bodies on the transfer of a land plot to another person.
What is the basis for filing a lawsuit for recognition of ownership?
As a general rule and in accordance with Article 392 of the Civil Code of Ukraine, the owner may file a lawsuit with the court if this right is disputed, not recognized by another person. It should be noted that this is possible in cases where:
- firstly, there is a dispute (the defendant declares his right to the property or denies its existence by the plaintiff, respectively) and there are no contractual legal relations between the parties;
- secondly, there is a confirmed impossibility of registering the property out of court (there are no necessary documents for inheritance, the developer does not fulfill his obligations regarding the registration of the right of ownership to the newly built property, etc.);
- thirdly, there are errors in the DRRP, SZK (errors were made in the registration records and they cannot be corrected administratively).
How can Prikhodko & Partners Law Firm help?
In complex situations related to property ownership, contacting a qualified lawyer is not just a desirable, but a necessary step for effective defense in court. Our law firm’s specialists can provide comprehensive assistance, primarily:
- necessary clarifications on legal issues (primary legal assessment of the situation, analysis of documents, determination of an effective defense strategy in court);
- preparation of documents for court (obtaining necessary certificates, extracts, copies of documents certified by a notary, execution of procedural documents, in particular, a statement of claim);
- participation in court hearings to protect the client’s interests (including filing motions, responses to the defendant’s response, appealing court decisions if necessary);
- monitoring the execution of the court decision and support in completing the procedure for recognizing ownership of real estate.
In addition, if your case has already been supported by another lawyer, but you have refused his services, we will help you complete all the necessary procedures qualitatively and within a reasonable time. We recommend that you seek initial consultation with one of our qualified lawyers to determine the fixed cost for such support.
Thus, recognition of ownership of real estate is an effective way to protect rights, which is used in cases provided for by law. An appeal to the court must be justified by the presence of a real dispute, the impossibility of settling the issue out of court. Successful legal proceedings require careful preparation, collection of necessary evidence and a clear understanding of the legal grounds of ownership. Qualified legal assistance from the Law Firm “Prikhodko and Partners” is the key to effective protection of the rights and legitimate interests of owners at all stages of the legal process.
Our lawyers will provide extensive legal advice and represent your interests in order to recognize your ownership of real estate. To find out the cost of such a service, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
You may also need:
Privatization of land (land plot)
Read moreRegistration of ownership of real estate
Read moreRegistration of ownership of a house (real estate)
Read moreCompensation for obstruction of the use of property
Read moreSupport for the purchase and sale of commercial real estate
Read moreA claim for recognition of ownership of a house/apartment/real estate
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