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Publication date: 08.05.2024
Lawyer
Acquisition of property by statute of limitations requires a person to apply to the court with an appropriate application and provide evidence confirming ownership of the property. The court examines the case and makes a decision on recognition or non-recognition of ownership.
The statute of limitations is a legal term that defines the length of time that a person must own property in order to be entitled to claim ownership of it. In Ukraine, this period is 15 years for real estate.
The acquisitive statute of limitations is one of the methods of acquiring property ownership provided for by the civil legislation of Ukraine. This institution allows a person who in good faith, openly and continuously owned someone else's property for a certain period of time, to acquire the right of ownership.
Acquisition statute of limitations on the land plot.
Acquisition of ownership rights to a land plot by statute of limitations is a fairly common phenomenon in judicial practice. According to Art. 344 of the Civil Code of Ukraine, a person who acquired real estate in good faith and continued to own it openly for 10 years, acquires the right of ownership of this property (acquisitive statute of limitations). That is, a person can acquire the right of ownership of a plot of land in case of continuous bona fide use of it for 10 years.
Acquisition statute of limitations for housing, acquisition statute of limitations for an apartment.
Similar rules apply to the acquisition of the right of ownership of an apartment or other housing by statute of limitations. In judicial practice, there have been cases when persons who lived in an apartment in good faith for a long time without the relevant legal documents applied to the court for the recognition of their ownership rights by statute of limitations.
Acquisition of property by statute of limitations
The following conditions must be met in order to acquire the right of ownership by statute of limitations:
1) Possession of property in good faith, that is, a person must be convinced that he acquires the right of ownership on legal grounds.
2) Open ownership of property, that is, without secret or fraudulent possession.
3) Continuous possession during the term established by law (10 years for real estate).
Acquisition of ownership of real estate by statute of limitations is carried out in court by filing a corresponding lawsuit. The court, having considered all the circumstances of the case and evaluated the evidence, can satisfy the claim and recognize the person's right to ownership of immovable property according to the statute of limitations.
At the same time, judicial practice on the issue of the acquisition statute of limitations for a land plot is ambiguous. Courts often refuse to grant a claim, referring to the fact that land plots are objects of special civil circulation, therefore the rules of acquisition limitation cannot be applied to them. Other courts, on the contrary, recognize the right of ownership of land plots according to the statute of limitations.
It should be noted that the acquisitive statute of limitations does not apply to property taken from the owner's possession against his will, as well as to property that cannot be alienated by the owner.
Therefore, acquisition of property by statute of limitations is an alternative way of acquiring property ownership, which allows to legalize long-term bona fide possession of it. However, for its application, it is necessary to comply with all conditions stipulated by law and to successfully prove one's claims in court. The question of the acquisition statute of limitations for land plots is still controversial in judicial practice.
