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Publication date: 09.06.2024
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Publication date: 09.06.2024
Land disputes: types, peculiarities of consideration and court practice
Introduction
Land disputes are one of the most common categories of litigation in Ukraine. They arise for various reasons, including violation of property rights, boundary disputes, lease relations, change of land use designation and other issues related to land use. In this article, we will analyze the main types of land disputes, peculiarities of their consideration and current court practice.
Types of land disputes
Disputes over land ownership:
- Recognition of ownership: Occurs when several persons claim ownership of the same land plot.
- Invalidation of title documents: Arise when one of the parties believes that the documents confirming the other party's ownership are invalid.
Boundary disputes:
- Establishing the boundaries of a land plot: Arise when neighbors cannot agree on the exact location of the boundaries of their land plots.
- Restoration of boundary markers: Occurs when boundary markers have been destroyed or moved.
Disputes related to the lease of land plots:
- Invalidation of lease agreements: Arise when one of the parties believes that the lease agreement was concluded in violation of the law.
- Disputes over lease terms and conditions: Includes disputes over the amount of rent, lease terms, and other terms of the lease.
Disputes over changing the designated purpose of a land plot:
- Appeals against decisions of public authorities: Arise when the owner or user of a land plot does not agree with the decision of a local government or state authority to change the designated purpose of the land plot.
Disputes over the use of land:
- Violation of the terms of use: Includes disputes over the use of land for other purposes, violation of environmental standards and other conditions.
Peculiarities of land disputes consideration
Jurisdiction:
- Land disputes are considered by courts of general jurisdiction or administrative courts, depending on the nature of the dispute and the parties.
- Disputes between individuals are usually heard by general jurisdiction courts, while disputes involving state authorities or local self-government bodies are heard by administrative courts.
Evidence:
- Documents confirming the ownership of a land plot, boundary plans, lease agreements, decisions of the authorities and other documents of title are of great importance.
- It is often necessary to engage experts to conduct a land and technical expertise, which helps to establish the actual circumstances of the case.
Procedural features:
- Land disputes can be time-consuming due to the need to collect and analyze a large number of documents, conduct expert examinations and other procedural steps.
- The court may involve third parties whose rights and interests may be affected by the court's decision.
Court practice
- The Supreme Court of Ukraine:
- The Supreme Court of Ukraine has repeatedly emphasized the importance of observing the procedure for registering rights to land plots and the need to provide proper evidence in land disputes.
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