One of the foundations of any democratic state is the right to property. In our main law – the Constitution, the protection of property rights is guaranteed at the highest level. However, unfortunately, practice is different from theory. Many property owners are forced to defend their rights both civilly and in court. That is, in some cases, a lawsuit may be required to recognize ownership. Our experts – lawyers Prykhodko and Partners will help you with this.
Legislative framework of the issue
According to Ukrainian (Article 41 of the Constitution of Ukraine) and international legislation (Convention on the Protection of Fundamental Freedoms and Human Rights), every person has the right to own, use and dispose of his property. In addition, no person may be unlawfully deprived of the right to property.
The right of ownership is regulated by Articles 29 and 392 of the Civil Code of Ukraine.
Most often, it may be necessary to file a claim for recognition of ownership rights in cases where it was not filed on time. For example, we are talking about inherited property from a person who did not have time to properly register his ownership. There is only one way out in this case – registration of ownership of the real estate object in court.
Our clients are most often concerned about issues related to the recognition of ownership rights in the order of inheritance, privatization, and statute of limitations. In most cases, the object in these cases is immovable property, namely an apartment, a house, a free-standing structure or a plot of land.
Recognition of ownership in court
To begin with, let’s determine who can be the plaintiff and the defendant in legal proceedings on the recognition of ownership rights.
The plaintiff can be any of the participants in civil legal relations, that is, a legal entity or an individual, the state. The plaintiff considers himself the owner of the property, however, due to certain circumstances, he cannot fully exercise his rights. Among such circumstances, in particular:
- Doubts/claims from a third party who wants to register the property for himself.
- Loss of ownership.
Lawyers Prykhodko and Partners will help you prepare a statement of claim to the court. In the statement of claim, the essence of the circumstances that led to the violation of the right to property is formed. The application is supported by additional documents and references to valid regulatory documents.
As for the defendant, it can be any person who does not recognize or doubts the claimant’s right to ownership of this or that property. In this case, it is also very important to form an evidence base that consists of a whole range of arguments.
The documents that are proof of ownership of real estate include:
- Contract of sale.
- Contract of lifelong maintenance, exchange, donation.
- Property division agreement.
- Certificate of ownership of a share of real estate.
- Documents confirming ownership of inheritance.
For the plaintiff, the recognition of ownership is not an end in itself. Quite often, a claim for the recognition of ownership rights is a preliminary action for the owner of the real estate object to apply other property-legal measures. If the claims are related to each other, they can be combined in one statement of claim.
Assistance of a lawyer in filing a claim for recognition of the right of ownership
Confirmation of ownership is a rather complicated matter. It has certain specifics and nuances. That is why it is better to entrust the matter of drawing up a claim for the recognition of the right of ownership to Prykhodko and Partners. We will be able to represent your interests in court, and at the initial stage we will provide full, highly qualified legal support throughout the process.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for filing a claim for recognition of ownership, fill out the form below.