Publication date: 04.06.2024
Practice of the Supreme Court in Land Relations: What Attorneys Should Pay Attention to in 2024
Introduction
Land relations are one of the most complex and important categories of legal relations in Ukraine, requiring special attention from lawyers. The Supreme Court of Ukraine forms the practice of resolving land disputes, which is binding on lower courts. In 2024, there are several relevant aspects that attorneys should pay attention to when handling cases in this area.
The main directions of the Judicial
Practices
1. Recognition Ownership of land
1.1. Grounds for recognition of property rights
In its decisions, the Supreme Court often considers the issue of recognition of ownership of land plots. Attorneys should pay attention to the following aspects:
- Availability of proper documents confirming ownership (state acts, sale and purchase agreements, donation agreements, etc.).
- Compliance of documents with legal requirements.
- Cases where ownership is disputed due to invalidity of transactions or other grounds.
1.2. Disputes over unauthorized occupation of land plots
The case law on unauthorized occupation of land plots is often associated with claims for demolition of unauthorized buildings and compensation for damages. Attorneys must carefully prepare evidence of the legality or illegality of the occupation of the land.
2. Lease of land plots
2.1. Conclusion and termination of lease agreements
The Supreme Court is actively considering disputes over the conclusion, extension and termination of land lease agreements. The most important aspects are:
- Compliance with the terms of the lease agreement.
- Legitimacy of claims for rent changes.
- Grounds for early termination of the agreement.
2.2. Rent payment
Disputes over rent often arise due to changes in the terms of the agreement or failure to meet payment deadlines. Attorneys should pay attention to:
- Correctness of rent calculations.
- Procedure for amending the lease agreement.
- Compliance with payment deadlines and consequences of their violation.
3. Change the Purpose
Land plots
3.1. Procedure for changing the purpose of use
Changing the designated purpose of land plots is a complex process that requires compliance with the established procedure. In its decisions, the Supreme Court emphasizes that:
- Compliance with legal requirements for changing the designated purpose.
- Compliance of amendments to master plans of settlements and other urban planning documentation.
3.2. Appealing against decisions of the authorities
Attorneys often face appeals against decisions of local governments to change the designated purpose of land plots. It is important to have clear evidence of a violation of the procedure or non-compliance of decisions with the requirements of the law.
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The absence of a land allocation project in the archive cannot be a basis for concluding that it was not developed (Resolution of the Supreme Court of the Civil Service of Ukraine of 22.05.2023 in case No. 461/2315/19)
This litigation concerned the issue of violation of the land allocation procedure. The local government filed a lawsuit to invalidate the defendant's ownership of the land plot, citing the absence of a land allocation project in the archive. The court concluded that the absence of a land allocation project in the archive does not mean that it did not exist at the time of the land allocation and noted that the responsibility for developing such a project at that time rested with the city council. Thus, the court found that the cancellation of the registration of ownership and land on the basis of the absence of a project in the archive was unlawful.
