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Publication date: 29.04.2024
Лоер
Acquisition of property by statute of limitations: Review of court practice
The statute of limitations is one of the key concepts in the field of legal regulation of real estate ownership. It is defined as a legal regime under which a person can acquire the right to property through long-term and peaceful possession of it, after fulfilling the conditions established by law.
The statute of limitations on land plots, apartments and other types of housing deserves special attention.
Court practice shows that the determination of the owners of such real estate on the basis of the statute of limitations requires consideration of various legal and factual circumstances.
In this regard, it is important to consider the judicial practice regarding the acquisition of property by statute of limitations. According to the current legislation, a person can become the owner of real estate by statute of limitations, if he proves that he owned this property for a long time, in accordance with the requirements of the law, and fulfilled other conditions necessary for acquiring ownership.
According to judicial practice, determining the duration and peace of ownership of property is a matter that is considered individually in each specific case. Courts consider a variety of evidence, such as title deeds, tax and utility bills, and witness statements.
It should be noted that the statute of limitations on a land plot often becomes the subject of disputes and lawsuits due to the value of land as an important resource. Therefore, solving cases of acquisition of property by statute of limitations requires an objective and competent approach from the courts.
Acquisition statute of limitations for land plots.
Preemption on land is defined as a legal mechanism that allows individuals to acquire the right to ownership of land through long-term and peaceful possession of it, in accordance with the requirements of the law. This is one of the methods of property formation that is recognized by many legal systems, including those based on general principles of civil law.
Legislation governing the issue of statute of limitations for land plots often sets conditions that must be met in order to successfully acquire ownership. Among such conditions may be the duration of the period of possession, the need for peaceful possession without unnecessary conflicts or contradictions, payment of taxes and other mandatory payments for land plots, etc.
The procedure for obtaining a land plot according to the seniority of use.
Step 1. Submission of an application to the local council or district administration: A citizen of Ukraine submits an application for the free transfer of a land plot to ownership. The application specifies the area and purpose of the plot, not exceeding the norms established by law.
Step 2. Obtaining permission to develop a land management project: Within a month, the petition is considered and permission to develop a land management project or a motivated refusal is granted. It is possible to challenge the refusal before the court.
Step 3. Development of the land management project: The project is developed within the terms determined by the agreement of the parties, in accordance with the law.
Step 4. Approval of the project with local self-government.
Step 5. Appeal to the state cadastral registrar: A citizen submits an application for state registration of a land plot and obtaining an extract from the State Land Cadastre.Step 6. Approval of the land management project: The relevant body of the executive power or local self-government makes a decision on the approval of the project.
Step 7. Making a decision on the transfer of the land plot is free of charge.
Step 8. Registration of the right of ownership: The right of ownership of the plot arises from the moment of state registration, which is carried out in accordance with the law.
This algorithm provides a clear sequence of actions for obtaining a land plot by tenure, which is important for the successful completion of the process.
