There are quite many situations when an economic operator constructs or has already constructed a real estate item at the land plot that is owned by the territorial community and has not been provided to this entity for use by the local authority.
In its turn, according to the effective laws, the operator has no legal grounds to use the land plot without a decision of the local authority on lease of the land plot to the entity and a respective lease contract.
In consideration of the above-mentioned factor, the prosecutor and/or local authority often files a claim to court where it asks to oblige the entity that has constructed and owns the real estate to bring into the pre-existing condition by demolishing the real estate item and to return the land plot to the local authority.
As a rule, such claims are based on lack of the entity’s right to use the land plot where the real estate item is located as well as no authorisation documents on construction, which gives grounds to state that the real estate item has been constructed without an authorisation, so the title to the property has been acquired illegally.
The complexity of the situation is that the opponents of the owner of the property in the litigation is the local authority; also, prosecutors often join such cases or even initiate litigation.
The team of TOTUM Law Firm, which has a vast experience in legal work in this area, will render the Client an integral assistance in the litigation, including preparation of all the necessary procedural documents for efficient court defence, and will act on behalf of the Client in a qualified manner in courts of any level.
In Real Estate and Construction field
Winner in the Construction and Real Estate category
According to the Ukrainian Real Estate Club
5th place in Real Estate Practice category
5th place in Land Law category
“In the seven years of our cooperation, I have never regretted choosing this company as a legal advisor. During the whole period of stormy trials that befell us, the team at Totum has always effectively defended our interests, both in conflicts with law enforcement agencies and in attempts to raid our business.”
“The rapid development of our business has necessitated the expansion of our capacities. Totum’s team of legal advisers professionally provides us with legal support for these processes.”
“An experienced team of professionals and masters of their craft. More than once they helped us resolve land issues, including extending the term of land lease agreements, conducting division procedures, allocating land plots, preparing the necessary documents for concluding agreements and protecting the company’s interests in court.”
“Kovalska Industrial and Construction Group would like to express its respect and sincere gratitude for many years of fruitful cooperation, when the experts of TOTUM Law Firm have established themselves as a team of top professionals ready to provide quality and professional legal support in the most difficult issues.”
“We would like to express our sincere gratitude personally to the partners and lawyers practising Land and Agrarian Law for conducting thorough and highly professional analytical work on the possibility of expanding the airport.”