Land relations are legal relations regarding the ownership, use and disposal of land, the subjects of which are citizens, legal entities, local governments and public authorities, and objects are land within the territory of Ukraine, land plots and rights to them, including land shares ( shares). Land legal relations are regulated by the Land Code of Ukraine, the Constitution of Ukraine and the regulatory legal acts adopted in accordance with them.
Land disputes arise as a result of violation of ownership and the right to use a land plot, allotment or seizure of land, arising between land owners and land users, other persons, local government bodies and the central executive body implementing state policy in the field of land relations.
In the pre-trial procedure, land disputes are resolved by local governments and the central executive body that implements state policy in the field of land relations. Local authorities resolve land disputes within settlements regarding the boundaries of land plots owned and used by citizens, and citizens’ observance of the rules of good neighborliness, as well as disputes over the delimitation of district boundaries in cities. The central executive body that implements state policy in the field of land relations resolves land disputes regarding the boundaries of land plots outside of settlements, the location of restrictions on the use of land and land easements.
In case of disagreement between land owners or land users with the decision of local self-government bodies, the central executive body implementing state policy in the field of land relations, the dispute is resolved by the court.
The court exclusively resolves land disputes regarding the ownership, use and disposal of land plots owned by citizens and legal entities, as well as disputes over the delimitation of the territories of villages, townships, cities, districts and regions.
The owner of a land plot or land user may demand the elimination of any violations of his rights to land, even if these violations are not related to deprivation of the right to own the land plot, and compensation for damages.
The following land disputes are considered in court: on the recognition of ownership of a land plot, restoration of the state of the land plot that existed before the violation of rights, and prevention of actions that violate rights or create a risk of violation of rights, recognition of transactions regarding the land plot as invalid, invalidation of decisions executive authorities or local self-government bodies, compensation for damages caused, determining the procedure for using a land plot, reclaiming a land plot from someone else’s illegal possession, removing obstacles to the use of a land plot, and others.
Land disputes are considered in the civil procedure by local courts of general jurisdiction.
Method
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Your appeal
At the first contact, with the help of the communication means indicated on the website, the lawyer clarifies the essence of the legal issue, and also determines the amount of documents required for submission by the client.
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Consultation
Legal advice is carried out at a personal meeting, at which the lawyer explains the issues of interest to the client, suggests possible ways to solve them and accepts the relevant documents for more detailed acquaintance.
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Study of documents
The legal assessment of the documents provided by the client is carried out in order to finally determine the legal position on the case, inform the client about it, as well as agree on the scope of services provided.
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Conclusion of the contract
Advocacy is carried out on the basis of an agreement on the provision of legal assistance, which is concluded in writing and regulates the conditions and procedure for the provision of advocate services.
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Preparation of procedural documents
In order to protect and exercise the rights of the client, the lawyer draws up statements of claim, appeals and cassation complaints, petitions, inquiries, claims, as well as other procedural documents.
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Representation of your interests
When carrying out advocacy, an advocate has the right to perform any actions that are not prohibited by law, the rules of advocate ethics and an agreement on the provision of legal assistance necessary for the proper execution of an agreement on the provision of legal assistance.