Land Disputes

Key Services:

Consulting and support on land matters

• clarification of land legislation
• purchase and sale, gift, lease / sublease
• privatisation, redemption of land plots
• division, consolidation, allocation of land plots
• establishment of superficies, emphyteusis
• notarisation of agreements
• obtaining permission for the development of land management projects and/or for
• preparation of technical documentation for land plots
• establishment of land plot boundaries in kind (on the terrain)
• obtaining a cadastral number for a land plot
• entry of information into the State Land Cadastre
• state registration of ownership rights, lease, permanent use of a land plot
• change of designated purpose of a land plot
• consulting regarding the procedure for placement of temporary structures (MAFs)

Court disputes regarding land plots

• recognition of ownership rights to land
• disputes regarding division and allocation of land plots
• disputes regarding unlawful use of a land plot
• establishment of land plot boundaries and easements
• challenging decisions, actions and inaction of local self-government bodies
• challenging decisions, actions or inaction of bodies administering the State Land Cadastre

Land law attorney — comprehensive legal support and protection of interests

Land relations are one of the most complex areas of legal regulation, as they combine issues of ownership, use, investment and state control. Transactions with land plots, formalisation of land rights or resolution of conflicts between owners are often accompanied by complex legal procedures. In such cases, it is important to involve a specialist who specialises specifically in land law. A land attorney helps to assess legal risks, prepare necessary documents and ensure effective protection of the client’s interests. Practice shows that land disputes may arise in connection with formalisation of ownership rights, use of land plots, conclusion of agreements or adoption of decisions by public authorities. Particularly relevant are issues related to transfer of land into use, conclusion of agreements such as land lease, or application of alternative forms of land use. In such situations, professional legal support plays an important role, allowing avoidance of legal mistakes and minimisation of risks for owners or investors. A qualified lawyer analyses the legal status of a land plot, verifies documents related to ownership rights, and also supports the conclusion of transactions. In addition, an attorney represents clients’ interests during interaction with state authorities, local self-government bodies and in court proceedings. Such a comprehensive approach allows ensuring proper protection of rights and interests of clients in the field of land legal relations.

Legal services in the field of land relations

The field of land legal relations covers a wide range of legal issues related to use and disposal of land, and formalisation of land rights.

Main areas include:

• legal consultations regarding application of land legislation norms
• preparation and analysis of agreements in the field of land use
• support of formalisation of ownership rights to land
• legal support during conclusion of agreements, in particular land lease agreements or emphyteusis agreements
• protection of clients’ interests in land disputes Comprehensive legal support allows avoiding legal risks and ensuring legality of transactions with land plots.

Formalisation of ownership rights and registration of land plots

One of the key stages of land legal relations is state registration of land plots and formalisation of ownership rights to them. A land attorney helps to properly prepare documents and complete all necessary procedures to confirm ownership rights.

Legal support may include:

• preparation of documents for registration of ownership rights
• verification of legal status of a land plot
• support of state registration procedures
• land bank (audit, formation) for business or investors Proper formalisation of land rights is an important condition for safe use of land assets and further execution of transactions with them.

Resolution of land disputes: land plot boundaries and right of use

Land disputes are among the most widespread categories of cases in the field of real estate. They may arise between land plot owners, tenants or state authorities.

A land lawyer provides legal assistance in the following situations:

• disputes regarding establishment or change of land plot boundaries
• disputes regarding the right of land use
• conflicts related to use of land resources In many cases, land conflicts arise in the process of implementation of projects related to investments in real estate, therefore timely legal support allows avoiding significant financial losses.

Support of sale, lease and emphyteusis transactions

Transactions with land plots require thorough legal verification and proper formalisation of documents. In the field of land law, not only the fact of conclusion of an agreement is important, but also prior analysis of the legal status of a land plot.

Legal support of transactions includes:

• verification of legal status of a land plot
• preparation of sale and purchase or land lease agreements
• legal support of conclusion of lease agreements
• analysis of possibility of concluding emphyteusis agreements A separate role in land legal relations is played by restrictions that existed previously, in particular the moratorium on sale of land, which for a long time influenced the land assets market.

Change of designated purpose of land and privatisation

Change of designated purpose of a land plot or its privatisation are complex legal procedures that require compliance with the procedure established by law.

Legal support in such cases includes:

• preparation of documents for change of designated purpose of a land plot
• legal analysis of land privatisation issues
• representation of client’s interests in matters of interaction with state authorities
• preparation of documents for obtaining necessary permits Professional assistance allows avoiding refusals in approval of documents and accelerating the procedure of formalisation of land rights.

Challenging decisions of local self-government bodies and StateGeoCadastre

In case of adoption of unlawful decisions by authorities, land plot owners or users have the right to challenge such decisions. An attorney helps to prepare a legal position and carries out representation of clients’ interests in relevant bodies or courts.

Legal assistance may include:

• preparation of complaints against decisions of local self-government bodies
• challenging decisions and actions of the StateGeoCadastre
• representation of clients’ interests in courts
• preparation of other necessary procedural documents

Legal assistance during verification and acquisition of land assets (Due Diligence)

Before acquisition of a land plot or investment into land assets, it is important to conduct comprehensive legal verification. Such verification allows identifying possible legal risks, encumbrances or restrictions related to a land plot.

Legal audit may include:

• verification of legal status of a land plot
• analysis of title documents
• verification of existence of restrictions or encumbrances
• assessment of possible risks for an investor

Why it is worth applying for consultation on land matters to “Shkrebets & partners”?

Attorneys of the association have significant experience in the field of land law and support complex legal projects related to formalisation of land rights, investments in real estate and resolution of land disputes.

Specialists provide:

• comprehensive legal support in the field of land legal relations
• legal support of transactions with land assets
• representation of clients’ interests in courts and state authorities
• consultations regarding formalisation of land rights The legal team works with clients in the cities of Kyiv and Kharkiv, ensuring effective protection of interests in the field of land law and comprehensive support of land projects.