Property claim

Claiming property (real estate) is a legal mechanism that allows the legal owner to regain possession of real estate that was lost due to the illegal actions of others. This is one of the most effective ways to protect property rights, which is guaranteed by the Constitution of Ukraine.

When can property be claimed?

There are several grounds for claiming property:

• Fraudulent capture. If your property has been taken fraudulently, for example using forged documents or threats, you can claim it from the fraudster or from the new owner who knew about the fraud.
• Illegal alienation without the consent of the owner. If your property has been sold, gifted or otherwise disposed of without your consent, you can claim it from the new owner.
• Actions of third parties. If your property has been illegally occupied or damaged by the actions of third parties, you can claim it from those persons or from the new owner who was aware of their actions.
• Return of property after annulment of court decision. If your real estate was seized from you based on a court decision that was later overturned, you have the right to claim it back.
• Claiming property from the heirs of the previous owner. If you are the legal heir of the previous owner of the property that was illegally alienated, you can claim it from the new owner.

The list of grounds for claiming property is not exhaustive. In each specific case, lawyers must carefully study the circumstances of the case and determine whether the owner has the right to claim the property

How to claim property?

The process of claiming property usually consists of the following stages:

• Appeal to a lawyer. To begin with, it is recommended to consult with a qualified lawyer who will help you assess your chances of success and develop a plan of action.
• Collection of evidence. You will need to gather all the evidence that proves your ownership of the real estate, for example, the certificate of ownership, contracts of sale, extracts from the register of real estate rights to real estate, etc.
• Pre-trial settlement of the dispute. Before going to court, it is recommended to try to resolve the dispute with the new owner of the property in a peaceful way, for example, through negotiations or mediation.
• Appeal to the court. If pre-trial settlement of the dispute is not possible, you will need to apply to the court with a claim for property recovery. In the statement of claim, you will have to set out all the circumstances of the case, provide evidence confirming your right of ownership, and substantiate your claims.
• Judicial proceedings. The court will consider your claim, examine the evidence provided and make a decision. If the court recognizes your claims as legitimate, it will issue a decision on claiming property in your favor.

The whole process can be very difficult if you don’t have experience. Therefore, we advise you to contact a qualified lawyer.

It is important to know:

• You can claim property within three years from the moment you learned about its illegal alienation.
• If the property was alienated from a bona fide acquirer, i.e. a person who did not know and could not have known that it was illegally alienated, it can be claimed only on the condition that he is compensated for the value of the property.
• The costs of legal assistance related to the claim of property can be reimbursed at the defendant’s expense if the court finds his actions unlawful.

Contact the lawyers of our company if you need help in reclaiming property

With many years of experience in this field, we will help you:

• Assess your chances of success. We will conduct a thorough analysis of your case and provide you with a reasonable assessment of the chances of a successful claim.
• Collect the necessary evidence. We will help you gather all the necessary evidence to prove your ownership of the real estate, as well as other evidence that may be relevant to the case.
• Prepare a statement of claim and other necessary documents. We will professionally prepare a statement of claim and other necessary documents to protect your interests in court as much as possible.
• Represent your interests in court. We will represent your interests in court at all stages of the case, from the filing of the claim to the final decision.
• To achieve the most favorable result for you. We will make every effort to claim your property and obtain the maximum compensation possible.

Do not delay in protecting your rights. Contact the lawyers of our company now, and we will help you get back what belongs to you.
To order a detailed consultation or the cost of claiming the property, fill out the form below.