Main points
- Using a land plot without documents is not sufficient grounds for recognizing it as illegally occupied.
- The land plot must be in continuous and open use for 15 years to take into account the “acquisition statute of limitations” during privatization.
Can a neighbor claim non-privatized land / Photo by Pexels
Neighbors can have various domestic quarrels. However, sometimes they are a little more serious. For example, when one person tries to encroach on another's land.
Can a neighbor claim a non-privatized plot of land?
At the same time, using a plot of land without documents certifying the rights to it is not a sufficient basis for qualifying such use of a land plot as unauthorized occupation, as stated on the Konstruktiv News portal.
In resolving such disputes, it is necessary to establish that a person has the right under the law to acquire a land plot in ownership or use,
– the text says.
Unauthorized occupation of a land plot is different from using a land plot in the absence of properly executed documents for it.
Please note! When processing the privatization of a land plot that is in use, the concept of “acquisitive prescription” should be taken into account. That is, the land plot must be in continuous and open use for 15 years. This is stated on the website “Bachynska and Partners”.
What else should you know about such cases?
- A certificate for a land plot (or land share) is not proof of ownership of the plot itself. Moreover, it does not establish its boundaries.
- Owners of certificates for a plot or share have been extended the deadline for registering ownership rights until January 1, 2028. If a person does not register ownership rights within the specified time frame, it will be considered that he or she has refused to receive the land plot.
- Experts emphasize that if there are no documents confirming the right to a share or ownership of a land plot, then its use is considered unauthorized. Therefore, this land can be privatized by any other person.