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The free legal aid center of the Odesa regional organization of the Committee of Voters of Ukraine in Tatarbunary helps citizens solve land problems. The organization's specialists, together with specialists from the services of the Tatarbunary District Department of Justice, prepared legal advice on the most common issues.
Errors in a state act.
Good afternoon! If the state act on the right of ownership of a land plot obtained in 2006 contains an error in the cadastral number. Is it possible to get a new act to replace the old one?
Answer:
Until January 1, 2013, state registration of land plots transferred into ownership from state or municipal property was carried out with the issuance of state acts of ownership of land plots. Since January 1, 2013, state acts have not been issued. The state act can be replaced with an extract of ownership of real estate at the registration service by first applying to the state cadastral registrar to obtain an extract from the State Land Cadastre on the land plot with the corrected cadastral number.
Land plots for ATO participants.
My son is in the ATO zone. He went there for the second time. Tell me, how can soldiers participating in the anti-terrorist operation get land? Do I have to pay for a state act for this land?
Answer:
Provision of land plots for ownership is defined in Article 118 of the Land Code of Ukraine, provided that the ATO participant has not exercised his right to receive land plots for free and has submitted to the relevant territorial body of the State Land Agency or local council an application indicating the location of the land plot, copies of a duly certified passport, taxpayer registration number, certificate or order on participation in the ATO, etc.
Then, with the decision (order) to grant permission to develop a land management project for the allocation of a land plot, it is necessary to apply to a licensed business entity that carries out land management and land valuation works in the territory of the relevant region to prepare a land management project for the land plot.
Since 2013, state acts of ownership of land have not been issued.
Instead, the owner of a land plot must obtain an extract from the state register of real rights to real estate, which is issued by the relevant bodies of the Ministry of Justice, in this case , the registration service of the district justice department.
Land dispute. We are asking for help.
My neighbors and I have been unable to find a common language regarding our land allotments for a long time - our gardens border each other. At one time, they were separated by a path that no one fenced. Gradually, the neighbors were blowing it up. We didn't pay attention to it until they entered our territory at a considerable distance. Now they do not want to give up. The head of the local council sends us to the area to prepare documentation. We arrived, made a video, and the head said that we did it for ourselves and that the video was worthless because there was no representative from the council. We are forced to invite the people who made the video again, but they won't come because our council constantly refuses. The head of the council said that he was not going to restore order in our house, there is a court for that. At least come and show the neighbor the cadastral book, because he has already planted pears in our garden, and we can't stop him! We want to privatize this land plot, but who can help us restore justice? We ask for your help as specialists.
Answer:
Article 107 of the Land Code stipulates that the basis for restoring the boundaries is the data of land cadastral documentation. At the same time, if it is impossible to identify the actual boundaries, they are established based on the actual use of the land plot. If the actual use of the land cannot be established, each party is allocated a part of the disputed land plot of equal size.
In cases where the boundary determination in this way is inconsistent with the circumstances revealed, in particular with the established size of the land plots, the boundaries are determined taking into account these circumstances (for example, the size of the land plots, the approximate location of the former boundary established by witness testimony, the terrain, etc.)
Pursuant to the instruction on establishing (restoring) the boundaries of land plots in kind (on the ground) and their fixing with boundary markers, approved by Order of the State Committee of Ukraine for Land Resources No. 376 dated 18.05.2010, the establishment (restoration) of the boundaries of a land plot is carried out in order to determine the metric data of the land plot in kind (on the ground), including the location of the turning points of its boundaries and their fixing with boundary markers.
It should also be noted that the restoration of the boundaries of a land plot in kind (on the ground) is carried out in case of complete (partial) loss of boundary marks in kind (on the ground), their damage, which makes it impossible to use boundary marks, as well as in the course of consideration of land disputes between owners (users) of adjacent land plots.
The boundaries of a land plot in kind (on the ground) are fixed by boundary marks. The boundaries of a land plot are fixed in kind (on the ground) by boundary markers in the presence of the owner (user) of the land plot, owners (users) of adjacent land plots or their authorized person, as well as representatives of the local council.
Since the disputed land plot is located within the boundaries of a settlement, pursuant to Article 158(3) of the Land Code of Ukraine, local governments resolve land disputes within settlements regarding the boundaries of land plots owned and used by citizens and compliance with the rules of good neighborliness. Otherwise, if landowners or land users disagree with the decision of local self-government bodies or the executive body implementing state policy in the field of land relations, the dispute is resolved by a court.
The right to receive a land plot free of charge.
I live in the Cherkasy region, but I hope to get a specialist's answer on how to obtain a land plot in your region. Please tell me how to determine whether a land plot is free or not based on the data displayed on the Public Cadastral Map of Ukraine? The information is needed in order to indicate in the application for free land acquisition the data on the same plot. Can all plots labeled "state property" or "municipal property" up to the maximum size specified in the Land Code of Ukraine be indicated in such an application? If not, please answer which ones can. I am very grateful for your further response.
Answer:
Given that the State Land Cadastre, including the Public Cadastral Map, is updated gradually, on an application basis, it is impossible to determine whether a land plot is free according to its data. In addition, information on the registration of land rights by legal entities and individuals is stored in the archives of the territorial bodies of the State Land Agency at the location of the land plots in accordance with the established procedure. Therefore, this information should be clarified in the relevant territorial bodies of the State Land Agency.
The activities of the Odesa regional organization of the NGO "Committee of Voters of Ukraine" in Tatarbunary in the field of protection of land rights of citizens are carried out within the framework of the partnership project of the Kherson regional organization of the Committee of Voters of Ukraine "Land Rights: Counseling, Advocacy and Resolution of Land Conflicts in the South of Ukraine", with the support of the International Technical Assistance Project "Agroinvest in Ukraine" (USAID).
Leonid Semenenko
Odesa regional organization of
NGO "Committee of Voters of Ukraine"
