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Your power to winLand disputes
Recently, land has increasingly become the subject of various disputes, as well as the object of illegal encroachments and abuses by private entities, government authorities, and local governments. Disagreements between neighbors or co-owners of land are no longer the only common disputes; there are also disputes regarding the challenge of land auctions, raider takeovers of land plots, and other related issues. Resolving land disputes in court is sometimes the only way to settle such conflicts.
In judicial practice, land disputes are considered to be complex cases.
Effectively understanding the interpretation of the provisions of the Land Code and the specifics of their practical application is only possible for a professional lawyer specializing in land issues. Furthermore, in addition to the Land Code, dozens of other laws are in effect, including the laws on "Land Management," "State Land Cadastre," "Land Lease," among others, as well as hundreds of by-laws that are constantly changing. Judicial practice in land disputes is also continually evolving. There are cases where the position of courts on the same land issue has changed to the opposite over the years.
Thus, for the successful resolution of a land dispute, one must have a thorough understanding of the procedures for case review in courts, professional knowledge of the vast array of regulations governing land relations, practical experience in applying the legislation, and awareness of current judicial practice in land disputes. These circumstances necessitate consulting a lawyer who specializes in land law.
Legal Support for Land Dispute by WinnerLex Law Firm includes:
- Recognition and challenge of property and land use rights.
- Disputes regarding the boundaries of land plots.
- Renewal, modification, termination, and invalidation of land lease and sublease agreements.
- Disputes over the obligation to vacate illegally occupied land plots.
- Compensation for damages due to unpaid lease payments for land use.
- Cancellation of state certificates of ownership and permanent land use rights.
- Challenging decisions, actions, and omissions by local authorities and government bodies in the field of land relations, including regarding land allocation or refusal of allocation of land plots for ownership and use.
- Land disputes related to lease payments and land taxes.
Before conducting any transaction involving land, it is necessary to perform a legal examination of the situation surrounding the land plot (due diligence), checking for encumbrances and restrictions (such as protection zones, sanitary zones, lease or sublease agreements, mortgages, easements, superficiary rights, or emphyteusis), as well as any ongoing legal disputes concerning the land plot. This will allow you to identify and assess risks before proceeding with the transaction.
If there is illegal occupation of your land plot, it is advisable to file a complaint with the territorial branch of the State GeoCadastre at the location of the land plot, as the inspectors are required to survey the illegally occupied plot and prepare a corresponding report, which can later be used as evidence in court. Inspectors must also take steps to return illegally occupied land plots to their rightful owners or users, so the land plot may be returned even before a lawsuit is filed.
If you need specific documents or information that are under the jurisdiction of government bodies, such as the State GeoCadastre or local authorities, it is necessary to contact a lawyer who can submit a request to these bodies for the required documents and information. According to the Law of Ukraine on "Advocacy and Legal Practice," government bodies, local authorities, and heads of organizations must provide the requested information and documents to the lawyer within five working days of receiving the request.
If authorities responsible for approving land management projects refuse to approve the proposed land project, the only legitimate reason for such refusal is non-compliance with the legal requirements or land management regulations. A refusal for other reasons is unlawful, and it can be challenged in court.
In cases involving boundary disputes, or access to land plots or establishing land easements, conducting a land-technical expertise is advisable. The main task of such expertise is to determine the accuracy of land use concerning boundary violations and overlapping of land plots by comparing them with the title documents and land management documentation, as well as to determine possible options for access to the land plots and for establishing a land easement. The expert’s positive conclusion will be crucial evidence in the land dispute.
Land disputes are resolved by courts, local authorities, and the State GeoCadastre. Courts have the right to resolve any land disputes. Land disputes regarding ownership, use, and disposal of land plots owned by individuals and legal entities, as well as disputes over the demarcation of territories in villages, towns, cities, districts, and regions, can only be resolved by a court. Local authorities resolve land disputes within populated areas regarding the boundaries of land plots owned and used by citizens, adherence to neighborhood rules, as well as disputes over the demarcation of district boundaries within cities. The State GeoCadastre resolves land disputes regarding land plot boundaries outside populated areas, the location of land use restrictions, and land easements.
If the dispute concerns challenging the decision, action, or inaction of a local government body or government authority acting exclusively as an entity with administrative powers, and the dispute does not involve the right to a land plot, the case should be considered in an administrative court at the location of the defendant—local government or state authority.
If the land dispute involves issues of use, disposal, or ownership of a land plot, the case, depending on the participants, should be considered in either a commercial court or a court of general jurisdiction.
Boundary disputes arise due to territory encroachment, cadastral errors, and incorrect boundary delineations. The party wishing to win the case must gather as much evidence as possible to support their claim—cartographic materials, descriptions of the land plot, construction plans, etc. Often, resolving a boundary dispute involves conducting land management expertise, which can be crucial to the case.