Main points
- Privatization by prescription is possible for land that has been used for more than 15 years, if the plot is not privately owned or leased by another person.
- During martial law, procedures are simplified, but it is important to prepare proof of use and work with a lawyer to formalize land rights.
How to design a garden / Photo Pixabay
Many Ukrainians have been using a garden near their house for years, planting vegetables and taking care of the plot. However, not everyone is interested in the fact that this land may not be legally registered.
How to design a vegetable garden and is it possible now?
People who use a vegetable garden do not always know whether it can be privatized based on the length of time of use, the Land Fund of Ukraine reports. People are especially interested in the possibility of registration now, during the war.
Experts say that it is currently possible to formalize land, but there are nuances. First of all, you need to know what privatization by prescription is.
This is a situation where a person uses land for many years in good faith, openly, and continuously, without proper legal registration, but with actual ownership – and has the right to register this land for themselves.
Privatization by prescription applies to the following types of land:
- Vegetable gardens near the house (if there are no title documents);
- Land that has been used for at least 15 years;
- The plot must not be privately owned by another person or officially leased.
How is land being developed now?
During martial law in Ukraine, a number of procedures have been simplified, in particular, local government authorities can consider applications more quickly, and some registration actions are carried out under simplified access to registers.
Important! In addition, people who were left homeless or lost land in a war zone can claim other plots, and this also opens up legal opportunities. However, this does not mean automatic right. You need to act legally competently.
What to do:
- Prepare proof of use: photos, neighbor confirmations, old receipts, deeds, village council decisions, inventory documents;
- Contact a lawyer to analyze the situation;
- File an application with the local council or court, depending on the circumstances.
You need to register the land with a lawyer.
- It is necessary to check the status of the land (maybe it is already owned by a community, the state or another person);
- correctly execute all documents;
- in some cases, to defend one's rights through the courts.
Please note! If you have been using a vegetable garden for a long time, but have not yet registered it, it is time to start the registration procedure now. Even during a war, or especially during a war, you need to protect your right to the land. And it is better to do this together with a lawyer to avoid mistakes and the loss of what you have cultivated for years.
Without a cadastral number: how to check if there is ownership of the land?
-
To verify land ownership, it is important to know whether the plot has a cadastral number.
-
Additionally, you can check the plot through the State Geocadastre or through the Unified State Register of Court Decisions.