Question: After the death of my father, I privatized a plot of land that I inherited with real estate. But in the presence it was not 20 acres, as it is listed in the land cadastre book, but only 18. It is not known when and how( even during the life of the father) these 2 weave were at the neighbor, nowhere is there any documents on this. Tell me, please, can I return these two hundredths of land and how? Will the neighbor be responsible?
NT Zgorkom, Chernigov
Answer: In this case there is an unauthorized occupation of the land plot, which is a violation of the land legislation of Ukraine. Such an offense makes it impossible for the owner of the land to exercise his right of possession, use and disposal, and also violates the rights of users( tenants or persons who own land for permanent use), namely: the right to own and use the site.
According to Art.212 of the Land Code of Ukraine( hereinafter - ZKU), arbitrarily occupied land areas are subject to
return to land owners or land users without compensation for losses incurred during their illegal use. Bringing land to a proper state for use, including the demolition of houses, buildings and structures, is carried out at the expense of citizens or legal entities that arbitrarily occupied them. Return is carried out by a court decision.
Thus, in case of unauthorized occupation of a land plot, in order to resume the boundaries of your territory, the optimal solution for you is, first of all, to apply with written appeals to the appropriate local council for the location of the land, as well as to the local Goskomzem administration. In your written appeals, require an inspection with a visit to the site and transfer of the data of the state land cadastre on the ground.
In case this way of solving the issue does not help, the only correct way is to apply to the court with a demand to remove the obstacles to using its land. Thus, Part 2 of Art.152 PKU established that the owner of the territory or land user can demand the elimination of any violations of his rights to land, even if such violations are not related to the deprivation of the right to own the site, and compensation for the losses incurred. Especially for the site to repair the apartment with their own hands.
