Publication date: 04.06.2024
Judicial Protection of Land Rights
Land relations in Ukraine are regulated by a number of legal acts, with the Land Code of Ukraine and other specialized laws being the most important. Judicial protection of land rights is an important mechanism for ensuring legality and fairness in the field of land relations. We will consider the main aspects of judicial protection of land rights, including key categories of disputes, procedural features and illustrative decisions of the Supreme Court of Ukraine.
Main Categories of Land Disputes
1. Disputes over property rights
These disputes arise when several persons claim ownership of the same land plot. They may include issues related to recognition of ownership, reclamation of a land plot from someone else's illegal possession, invalidation of title deeds and other documents.
2. Disputes over land boundaries
Conflicts often arise between neighbors over the correctness of land plot boundaries. Such disputes may include issues related to the establishment and restoration of boundaries and the removal of obstacles to the use of land.
3. Disputes over land use
These may include disputes related to leases, easements, emphyteusis, superficies and other rights to use land plots. They may include issues related to the conclusion, amendment, and termination of contracts, as well as compensation for damages.
4. Disputes regarding the protection of environmental rights
These disputes include issues related to land pollution, misuse of land plots, and violation of land protection conditions.
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Procedural Peculiarities of Land Disputes
1. Jurisdiction
Land disputes are usually considered by local general courts at the location of the land plot. This is determined by the procedural law of Ukraine.
2. Evidence.
In land disputes, a high-quality evidence base is important. The evidence may include:
- Documents: title documents for the land plot, contracts, acts, decisions of the authorities.
- Expert opinions: conclusions of land surveys and geodetic measurements.
- Evidence: witness statements, examination reports.
3. 3. Special procedures
In some cases, the court may order an expert examination to determine the actual condition of the land plot, its boundaries, violations, etc.
Illustrative Decisions of the Supreme Court
Case No. 911/1768/17
Description: The Supreme Court considered the issue of invalidating a land sale and purchase agreement due to violation of co-owners' rights.
Solution: The sale and purchase agreement was declared invalid due to the lack of consent of all co-owners.
Importance: This decision emphasizes the need to respect the rights of the
co-owners when entering into land plot agreements.
Case No. 922/2165/18
Description: The plaintiff filed a lawsuit to recognize its ownership of a land plot on the basis of the statute of limitations.
Decision: The Supreme Court recognized the plaintiff's right to the land plot, taking into account its long-term and openly bona fide use.
Significance: The decision demonstrates the application of the principle of statute of limitations in land relations.
