Nowadays, nearly every landowner intends to legitimize its property and entitlement to a land plot with the aim to possibly alter its designated purpose, legalize private construction, etc. However, the process is usually associated with numerous problems – because the legislation in the field contradicts itself, is far from perfect and not designed to benefit the citizens of the country.
This is why, should you plan to perform certain actions with your land plots, for instance, privatize or sell them, we recommend you use the help of the land law experts.
The citizens’ problems regarding acquisition or devise of land, that is – land disputes, are pretty common and, from the point of view of jurisprudence, are qualified as complicated. Our land law attorney will help you come to a solution to controversial situations and bring a case to a closure.
Disputes of this kind may arise between legal and private persons. They are always closely connected to exercising the right to allocate and protect legitimate interests.
Individuals who rent land, landlords, the persons who have violated the rights to use or inflicted damage, and those who have suffered as a result of unlawful actions may be the parties to the conflict.
The Constitution of Ukraine stipulates that land ownership is guaranteed and that its acquisition and disposal of land is exercised exclusively in compliance with the Law.
Consultation of a land law attorney: laws and regulations
The legislation that the order of acquisition, use, and suspension of the property right is subject to, consists of a large number of statutory instruments, the main of which is the Land Code of Ukraine.
The land is the national wealth of Ukraine; it is subject to special protection by the state. The state, territorial communities, and private persons are the owners of the land. The lands of Ukraine are divided by the Land Code into the following categories:
- agricultural land;
- land for public and residential construction;
- nature reserve land and land used for nature protection and other purposes;
- land used for health-improvement purposes;
- land used for recreational purposes;
- land used for historical and cultural purposes;
- forestry land;
- water fund land;
- land used for industrial, transportation, communication, energy, defense and other purposes.
It is only possible to place the land into a certain category or change its designated purpose by the decision of state authorities or a local government. A special order of use is in force for the agricultural land. As of 2020, change of the designated purpose of this type of land is forbidden.
The right to a land plot: how it emerges
These are the grounds for acquiring the right to a land plot:
- conclusion of a purchase and sales agreement or a donation agreement, by way of inheritance, free transmission of land to persons from state or communal property within the frame of the free privatization stipulated in the Code;
- privatization of land plots in the use of the citizens;
- acquisition of land plots as a result of privatization of state and communal agricultural enterprises, establishments, and organizations;
- acquisition of the right to a land plot by prescription of the use;
- transfer of the right to land in case of the acquisition of the right to a residential house, building, or construction.
Despite the fact, that acquisition of the right to land for each of the abovementioned reasons is subject to the Land Code and the other statutory instruments, lots of questions arise as to the correct application of the norms to a particular situation.
Land disputes: situations that may arise
The most frequent cases of such disputes are the disputes on the land plot lines, overlapping of the plots, mistakes in calculating land plot area, disputes concerning the acquisition, change, or termination of the property rights to a land plot, disputes on eliminating obstacles to use the land plot, disputes connected to the conclusion, alternation, and termination of lease agreements.
Depending on the subject matter, land disputes can be solved by courts, local governments, and central executive authorities that carry out the state policy in the field of land relations.
Note, that every dispute is unique and involves certain case-specific nuances. Thus, it requires comprehensive, precise, and detailed research. There are simply no general formulas to solve a particular situation.
The land is an extremely valuable resource, land matters are subject to a huge number of regulations and laws that are closely tied with each other and do not overlap at all. Some situations take quite some time for not just a citizen of the state, but even an experienced law expert, to examine and solve.
Therefore should you find yourself in any controversial situation concerning a land dispute, do not lose time and turn to a professional.
Our company has substantial practical experience and a large number of positive rulings in favor of the clients in legally advised cases of every kind. Our land law attorneys are ready to answer your questions or come to provide legal aid at any time.
Should such issues as the land plot privatization or the change of its designated purpose be relevant for you or if you just want to own land legally, it is worth getting to the safe side because usually such procedures are complicated and long-lasting, any problem may arise literally every step of the way, so they should be dealt with promptly and properly.
If you believe that to use the services of a notary suffices, you can’t be more wrong: the job of a notary is merely to fill out and register the paperwork properly, while verification and validity of such documents are in the purview of the land law attorney.
Experts of our company offer a full range of services concerning land law and land disputes. Advantages of the services provided by our experts are:
- expertise; knowledge and understanding of the legislation of Ukraine concerning land law;
- familiarity with the judicial practice and experience of successful representation of the clients in courts;
- use of law inaccuracies in favor of the client;
- solid and firm position in courts and disputes with the state authorities.
Should you encounter any kinds of controversial situations – don’t waste time and turn to experts. You can find all the contacts on our web site.
Land law attorneys representing our team realize the responsibility they undertake, this is why they make every effort to solve the issues concerning land law in favor of their client. Besides, we value our reputation, so we always follow through with what we start.