Recognition of ownership of land

Land ownership is the corresponding right of a citizen to own, manage, and use real estate. The main requirement is the absence of damage to the environment and preservation of all rights and legitimate interests of third parties. In this article, our specialists, lawyers Prykhodko and Partners in land law, will talk about the peculiarities of recognizing the right to own part of the land.

Peculiarities of acquiring ownership rights to a plot of land

In accordance with current legislation, the state guarantees 100% protection of rights for all subjects of business and property law. In addition, the equality of all subjects of property rights before the law is established (you can read more about this issue in Article 13 of the Constitution of Ukraine). Additionally, chapter 23 of the Land Code of Ukraine specifies the relevant norms defining the methods of protecting rights to land plots.

Thus, ownership of part of the land is guaranteed at the state level. This right can be acquired and exercised by legal entities, citizens, and the state exclusively within the framework of current legislation.

Subjects of land law are guaranteed:

• Protection of land rights.
• Compensation for damages to land users and land owners.
• Effective resolution of land disputes.

As for the acquisition of ownership of a plot of land, it is also regulated by the Land Code of Ukraine. This is confirmed by the relevant document – the State Act on the right of ownership.

Among the reasons for obtaining the Act:

1. Purchase of land plot.
2. Receiving a land plot as an inheritance.

In what cases may it be necessary to recognize the right of ownership through the court?

Article 392 of the Civil Code of Ukraine states the following: the right to appeal to the court with a statement of claim regarding the recognition of the right of ownership, subjects of economic activity may in the following situations:

• Ownership is subject to appeal by other persons.
• Loss by the owner of the land plot of the document confirming his ownership.
• Inconsistency in the area of ​​the plot of land.

That is, Article 392 of the CCU applies only in the absence of a pre-trial option to settle the situation. The plaintiff in such a case will be a person who already has the right of ownership.

The above reasons are not a complete list. Our specialists consider each case individually, offering the most optimal way to solve it.

Important: it is impossible to recognize the right of ownership of a deceased person based on the filing of a claim by the heirs. This is due to the fact that no one except the owner can go to court with such a claim.

Thus, the validity of the ownership right to the land plot is recognized only after the registration of the ownership right.

In what cases will you need the help of a specialist in land law?

Specialists of our Prykhodko and Partners law office provide services related to various aspects of land law. We are addressed with the following questions:

1. Appeal against the refusal of the registration authorities.
2. Consideration of the case in court.
3. Untimely submission of an application for establishment of ownership.

We will help you solve even the most problematic situation. Our specialists guarantee comprehensive, comprehensive legal support. We will familiarize ourselves with the materials of the case, study the history of obtaining the right of ownership and will contribute to a more efficient and quick course of the case. The key to our success is an individual approach to each specific case. Our specialists are focused on obtaining the desired result for the client!

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of a land law specialist, fill out the form below.