2023 Author: Philip Bishop | [email protected]. Last modified: 2023-08-31 02:44
Question: After the death of my father, I privatized a land plot, which I inherited along with real estate. But it turned out not 20 acres, as listed in the land cadastral register, but only 18. It is not known when and how (even during the life of the father) these 2 acres turned out to be with a neighbor, nowhere are there any documents in this regard. Can you please tell me if I can return these 2 ares of land and how? Will the neighbor be responsible?
Answer: In this case, there is an unauthorized occupation of a land plot, which is a violation of the land legislation of Ukraine. Such an offense makes it impossible for the owner of the land to exercise his right to own, use and dispose of, and also violates the rights of users (tenants or persons who own land on the right of permanent use), namely: the right to own and use a plot.
According to Art. 212 of the Land Code of Ukraine (hereinafter - ZKU) illegally occupied land territories are subject to
return to land owners or land users without compensation for losses incurred during the illegal use of them. Bringing land territories into a proper condition for use, including the demolition of houses, buildings and structures, is carried out at the expense of
citizens or legal entities who occupied them without permission. Refunds are made by court order.
Thus, in case of unauthorized occupation of a land plot, in order to renew the boundaries of your territory, the optimal solution
for you is, first of all, to apply with written appeals to the relevant local council for the location of the land, as well as to the local administration of the State Committee for Land Resources. In your written applications, demand an on-site inspection and transfer of data from the state land cadastre on the ground.
If this way of resolving the issue does not help, the only sure way will be to go to court with a demand to remove obstacles to the use of your land. So, part 2 of Art. 152 of the Law of Ukraine established that the owner of the territory or land user may demand the elimination of any violations of his rights to land, even if such violations are not related to the deprivation of the right to own the site, and compensation for damages.
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