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Protection of land rights

1. Land ownership,
2. Right to use land (permanent use of a land plot, lease of a land plot, concessionaire for a land plot),
3. Right of land easement (right of way and passage by bicycle; right of passage by vehicle along an existing path; right to place temporary structures (small architectural forms); right to lay a water pipeline to one’s land plot from another’s natural water body or through another’s land plot; right to drain water from one’s land plot to a neighboring land plot or through a neighboring land plot; the right to draw water from a natural water body located on a neighboring land plot and the right of passage to the natural water body; the right to drink cattle from a natural water body located on a neighboring land plot and the right to move cattle to the natural water body; the right to move cattle along the existing path; the right to install scaffolding and storage of construction materials for the repair of buildings and structures; other land servitudes),
4. The right to use another’s land plot for agricultural purposes (emphyteusis),
5. The right to use another’s land plot for building purposes (superficies).

Each type of land rights has its own rights, its own methods of protection, etc.

The lawyer for land issues (disputes) Kyiv

Services of a lawyer in Kyiv may also be needed at the stage of obtaining the right to land:

• during the procedure of gratuitous privatization of land plots by citizens,
• acquisition of the right to land on the statute of limitations (acquisitive prescription),
• during land leasing, etc.

Figuring out the type of right to land, you need to find out (check) the registration of rights to land in the State Register of Rights to immovable property, because the land is immovable property, and according to current legislation of Ukraine, rights to immovable property arise from the moment of their state registration (Article 125, 126 of the Land Code of Ukraine).

By checking this information, you can, for example, suddenly discover the presence (absence):

• encumbrances on the rights to the land plot,
• restrictions on the use of the land plot, etc.

How to register the right of ownership of a land plot?

Any type of right to land is a subject to state registration.

The state registration of such rights is more often performed through the Centers of Administrative Services (CATS) or by notaries of Ukraine (special subjects in the sphere of state registration) from the established list of documents.

On the basis of the results of the successful State registration of a right to a land plot, an extract is made from the State Register of Rights to Immovable Property, which contains all relevant information about the object and subject of the right to land.

Deprivation of the right of ownership of land

According to Article 140 of the Land Code of Ukraine, the grounds for termination of ownership rights are:

• voluntary waiver of the owner’s right to a land plot;
• death of the owner in the absence of an heir;
• alienation of a land plot pursuant to the owner’s decision;
• foreclosure of a land plot at the request of a creditor;
• alienation of a land plot for reasons of public necessity and for public needs;
• confiscation by the decision of a court;
• failure to alienate a land plot by foreign persons and stateless persons within the established period in cases determined by the current Code.

According to Article 143 of the Land Code of Ukraine, the compulsory termination of the rights to a land plot is performed in court in the case of:

• use of the land plot for purposes other than its intended purpose;
• failure to eliminate violations of the law (contamination of land with radioactive and chemical substances, wastes, sewage, contamination of land with bacterial-parasitic and quarantine harmful organisms, contamination of land with prohibited plants, damage and destruction of the fertile soil layer, engineering infrastructure facilities of the specially protected land use regime as well as the use of land in ways that are harmful to public health) within the time frame established by the instructions (prescriptions) of the central executive body implementing the state policy in the field of state supervision (control) in the agricultural sector;
• confiscation of a land plot;
• forced alienation of a land plot for reasons of social necessity;
• compulsory foreclosure of a land plot for the obligations of the owner of this land plot;
• non-alienation of a land plot by foreigners and persons without citizenship within the established period in cases determined by the current Code.

Summarizing the information above, I note that if you defend your land rights or trying to recover the damage caused or you bring to justice for violating the land laws – the services of a land lawyer in Kyiv at reasonable prices to you will be very appropriate.