Publication date: 04.06.2024
Judicial Protection of Land Rights: Exemplary Decisions
of the Supreme Court
In the field of land relations, the Supreme Court of Ukraine plays a key role in shaping the court practice and protecting the rights of individuals and legal entities to land. Let's look at a few illustrative decisions of the Supreme Court that are important for understanding the legal aspects of land rights protection.
Case No. 911/1768/17
Description.
In this case, the Supreme Court considered the invalidation of a land sale and purchase agreement. The plaintiff argued that the agreement was concluded in violation of the law, in particular, without the proper consent of the co-owners of the land plot.
Solution.
The Supreme Court found that the land sale and purchase agreement was indeed concluded in violation of the legal requirements for obtaining the consent of all co-owners of the land plot. The Court declared the agreement invalid and ordered the parties to return everything received under the agreement.
Importance.
This decision emphasizes the importance of compliance with legal requirements when entering into land sale and purchase agreements, in particular, obtaining the consent of all co-owners.
Case No. 922/2165/18
Description.
The plaintiff filed a lawsuit to recognize its ownership of the land plot on the basis of the statute of limitations. The plaintiff claimed that he had been using the land plot for a considerable period of time without any obstacles from other persons.
Solution.
The Supreme Court upheld the plaintiff's position, recognizing his ownership of the land plot on the basis of the statute of limitations. The court took into account that the plaintiff had indeed used the land plot for the required period of time openly and in good faith.
Importance.
This decision is an important example of the application of the principle of prescription in land relations, which allows persons who have been using a land plot for a long time to obtain ownership of it.
Case No. 826/20266/17
Description.
The case concerned the revocation of a decision of a local government body to lease a land plot. The plaintiff argued that the decision was made in violation of the procedure prescribed by law.
Solution.
The Supreme Court found the decision of the local government to be unlawful and set it aside. The court found that the decision had been made with significant violations of the procedure, including the lack of proper public discussion.
Importance.
This decision emphasizes the importance of compliance with procedural requirements when local governments make decisions on leasing land plots.
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Case No. 461/5561/17
Description.
The plaintiff filed a lawsuit to recognize the right to a state-owned land plot on the basis of privatization. The defendant (a public authority) objected to the claim, arguing that the land plot was not subject to privatization.
Solution.
The Supreme Court recognized the plaintiff's right to privatize the land plot, noting that the land plot was indeed subject to privatization in accordance with the law. The Court also ordered the state authority to take the necessary steps to formalize the plaintiff's ownership.
