Question: After his father's death, I privatized land, who joined me in the inheritance with the real estate. But it was not available 20 ares, As a number in the land cadastre book, but only 18. unknown, when and how (even during his father's lifetime) these 2 hundreds were at neighbor, Nowhere any documents on this point. Prompt, you are welcome, Can I return these 2 hundred square meters of land and how? Is responsible neighbor will suffer?
Answer: In this case there is unauthorized occupation of land, which is a violation of the land legislation of Ukraine. The offense makes it impossible to land owner to exercise his right of ownership, use and disposal of, but also violates the rights of users (tenants or persons, owned land on the right of permanent use), namely: the right to possession and use of land.
according to Article. 212 Land Code of Ukraine (hereinafter - ZKU) unauthorized occupation of land area are subject to
returned to land owners or land users without indemnification, incurred during their illegal use them. Bringing land areas in proper condition for use, including the demolition of houses, buildings and structures, committed due to graZhdan or legal persons, who illegally occupied their. Return conducted by court.
In this way, when unauthorized occupation of land, to resume your territory borders, is optimum
th solution for you will, first of all, refer to the written petitions to the relevant local council for land, country, as well as to the local management of the State Committee. In their written appeals request an on-site inspection at the station and transfer the data of the State Land Cadastre on the ground.
When, if such a way of solving the problem will not help, the only true solution is to appeal to the court with a request to remove obstacles to the use of their land. So, no. 2 Article. 152 ZKU found, that the owner of the territory or the land user may require the elimination of any violations of his rights to the land, even if such violations are not related to deprivation of the right of ownership land, and compensation of damages.