Publication date: 09.06.2024
Protection of the rights of land plot owners: legal mechanisms and court practice
Introduction
Protection of land owners' rights is a key aspect of legal regulation of land relations in Ukraine. In the conditions of opening of the agricultural land market and intensification of land transactions, the issue of protection of owners' rights becomes especially relevant. In this article we will consider the main legal mechanisms of protection of the rights of land plot owners, as well as analyze the current judicial practice in this area.
Legal mechanisms to protect the rights of land plot owners
Constitutional safeguards:
- Basic Law: The Constitution of Ukraine guarantees the right of private ownership of land (Article 14) and the protection of this right (Article 41). The owner has the right to own, use and dispose of his/her land plot.
Civil law mechanisms:
- Claim for recognition of ownership: The owner has the right to apply to the court with a claim for recognition of ownership of a land plot in case of a dispute with other persons or authorities.
- Compensation for losses: In case of illegal deprivation of ownership or damage to the land plot, the owner has the right to compensation for losses in court.
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Administrative and legal mechanisms:
- Appeal to state authorities: The owner may appeal to state or local authorities to protect his right, including the State Service of Ukraine for Geodesy, Cartography and Cadastre (Gosgeokadastr).
- Appeal against decisions of the authorities: In case the authorities make decisions that violate the rights of the owner, the latter has the right to appeal against such decisions in an administrative procedure or in court.
Criminal law mechanisms:
- Criminal liability: Legislation provides for criminal liability for illegal possession of a land plot, forgery of title documents and other criminal acts violating the rights of land plot owners.
Case law
Analysis of court practice shows the diversity of cases related to the protection of the rights of owners of land plots. In particular, the following categories of cases should be emphasized:
Disputes over the recognition of ownership:
- Inheritance cases: Disputes often arise between heirs about the ownership of land plots that were left after the death of the owner. Judicial practice shows that such disputes are resolved based on the analysis of available documents and the will of the testator.
- Acquisition statute of limitations cases: Owners may bring suits in court to recognize ownership of land plots on the basis of acquisition statute of limitations, if they have continuously and openly owned the plot for the period established by law.
Disputes about the boundaries of land plots:
- Establishment of boundaries: Disputes often arise between neighboring owners of land plots over the establishment or restoration of boundaries. Judicial practice testifies to the need for land surveying and expert studies to resolve such disputes.
- Unauthorized occupation cases: Owners of land plots may sue in court to have the unauthorized parts of their plots vacated by neighbors or other persons.
