Publication date: 03.04.2025
My name is Serhiy Hrysenko, I am a lawyer from Szczecin, Poland. I have extensive practice and expertise in land legislation and economic relations.
Application for Recognition of Ownership Rights to a Land Plot Based on Actual Possession
Situation Description: A man has approached us who has been using a 1.15-hectare land plot located on the outskirts of a village for many years. However, the land plot has not been registered in the land cadastre, and consequently, there is no information about it in the registry. The client decided to apply for registration of ownership rights to the land. However, the cadastral authorities refuse to register the land plot since it is not listed in the registry and is not confirmed by any documents.
Legal Task:
- Verify the possibility of submitting an ownership registration application:
Analyze whether it is possible to apply for land registration based on actual possession. In particular, assess whether it is possible to use the statute of limitations for establishing ownership rights.
- Gather necessary documents and evidence:
Prepare all documents confirming actual possession of the land plot: lease agreements (if available), witness statements from neighbors or other individuals who can confirm possession, photos, and other evidence demonstrating continuous use and maintenance of the plot.
- File a claim in court:
If cadastral authorities refuse to register ownership rights, file a lawsuit to recognize ownership rights to the land plot based on actual possession and use.
Solutions and Recommendations:
- Check the possibility of using the statute of limitations:
Under Ukrainian law, a lawsuit may be filed to recognize ownership rights to a land plot that has not been registered in the cadastre, based on actual possession, if the land has been continuously held by an individual without objections from other persons or authorities.
Required Documents:
- Lease agreement or other documents confirming land use.
- Witness statements confirming that Andriy has possessed the plot for many years.
- Copies of applications and responses from cadastral authorities.
- Confirmation of the absence of disputes with other individuals regarding the land plot.
Court Actions:
File a lawsuit to recognize ownership rights to the land plot based on actual possession. The claim should emphasize long-term use of the land, fulfillment of obligations regarding its maintenance, and the absence of rights of other persons to the plot. All supporting documents must be prepared and submitted to the court.
Recommendations for the Client:
Submit a lawsuit and prepare a complete set of documents to support the claim of land possession. If the court upholds the claim, this will allow the client to obtain ownership rights to the land, even if it was not previously registered in the cadastre. Additionally, securing a court decision will enable the client to officially register the land and prevent potential disputes in the future.
In this case, legal support for client includes verifying the possibility of filing a lawsuit based on actual land possession and preparing documents to confirm this possession. If cadastral authorities refuse to recognize ownership rights, it is possible to appeal to the court to protect the client’s rights.
