Main points
- In Ukraine, the number of cases of double registration of land plots is increasing, which creates the risk of loss of ownership rights.
- The problem can be resolved administratively or through the courts, in particular, by recognizing ownership rights, canceling illegal registration, or reclaiming land from someone else's illegal possession.
Dual land registration / Photo by Unsplash
In Ukraine, cases of double registration of land plots are increasingly common. This creates a risk of losing ownership rights even if all documents are available.
When do cases of double registration occur?
Lawyer Iryna Zakvatska, in a comment to Channel 24, said that situations when two “owners” appear on the same land plot are not uncommon in Ukraine, especially often when one party has a modern registration in the State Register of Property Rights, and the other has an old state act on the land, issued back in the 90s. In such cases, double registration occurs, which creates legal uncertainty and the risk of loss of property.
Iryna Zakvatska
Legal Assistant, Law Firm “Maxim Boyarchukov and Partners”
The main reason for the emergence of double registration is the transition from a paper-based accounting system to an electronic one. In the 1990s, ownership was confirmed by state acts that were not included in modern electronic registers. Later, another person could register the same plot of land in the new system – sometimes due to errors, and sometimes due to abuse. This is how a conflict arises: one person has the “old” act, the other a “new” entry in the register.
According to the lawyer, the old state act itself does not lose its validity. At the same time, the entry in the State Register of Property Rights is an official confirmation of the right of ownership as of today.
Changes have occurred since 2013
Until 2013, there was no single electronic register of rights to real estate in Ukraine. Ownership was certified by state acts issued by local authorities and not always entered into the cadastre. After the launch of the State Register of Property Rights, a problem arose: some land plots were re-registered without taking into account existing rights. The reasons may be different:
- technical errors when entering data;
- imposition of land boundaries;
- unfair actions of third parties;
- lack of complete information in the cadastre at the time of registration.
Thus, state acts of ownership of land issued before the introduction of the modern registration system remain valid unless they are canceled in accordance with the procedure established by law. At the same time, according to current legislation, ownership is considered acquired from the moment of state registration. This means that the presence of an entry in the register is of key importance for confirming the right in relations with third parties,
– the specialist notes.
That is why a conflict arises, and in the event of a dispute, only a court can finally decide everything, which assesses: who first acquired ownership, whether the transfer of land was legal, whether there were any violations during registration and the actual use of the plot.
Judicial practice (including the positions of the Supreme Court) is based on the following approaches:
- Priority is given to the primary (previously acquired) right if it was obtained legally;
- the mere fact of having an entry in the register does not guarantee absolute protection if the registration was carried out with violations;
- a state act may be proper proof of right, but requires confirmation of the fact of proper acquisition of the plot;
- The good faith of the acquirer is important (whether he knew about the existence of another owner).
How to resolve a double registration conflict?
According to Iryna Zakvatska, usually this problem can be resolved administratively: through a complaint to the Ministry of Justice (against the actions of the state registrar) or by correcting a technical error in the cadastre. However, if it is a real dispute between two owners, a court is usually not enough. The following requirements can be considered in court: recognition of ownership; cancellation of illegal registration; reclaiming a land plot from someone else's illegal possession.
So, if you find out that someone is claiming your land:
- Check the information in the registers: obtain an extract from the State Register of Property Rights and the State Land Cadastre, pay attention to the cadastral number, date of registration and the basis for acquiring the right by another person (this will help you understand who registered the right and on what basis).
- If another person refers to a state act, check its series, number, and date of issue, then determine whether it has been canceled and find out whether the plot according to the act corresponds to the actual boundaries.
- Record the actual use of the land: survey reports, photo and video recordings, lease agreements, and payment of land tax.
- Collect all documents, these can be: a purchase and sale agreement, a gift or inheritance agreement; a state act; extracts from registers; technical documentation.
- Document the use of the land: photos, videos, survey reports, or witness statements can be important evidence.
Important! The statute of limitations in such cases may matter, so you should not delay, because in disputes about the recovery of property, a general term of 3 years applies, but it is calculated from the moment the person learned or could have learned about the violation of the law.
What does the expert advise?
Another nuance is cadastral errors, sometimes the problem is not in the law, but in the imposition of boundaries – this requires land management and correction of technical documentation. Also, no less important is the issue of a bona fide purchaser, if a person purchased the land legally and was not aware of the dispute, the court may take this into account when deciding the case.
Practical tips:
- Don't ignore the problem, even if you have “all the documents in order.”
- Do not delay contacting a lawyer; time often plays a decisive role in land disputes, as they have many nuances.
- Be sure to regularly check your real estate (plot) before buying through online services, not only in the register of rights, but also in the cadastre (this can be done online)
- Digitize old documents, for example, state acts from the 90s are especially vulnerable, if you have an old state act – register the right in a modern registry to avoid risks;
The topic of double registration of a land plot is a consequence of the historical transition between accounting systems, but in each specific case, the decisive factor is not the “type of document”, but the legality of the acquisition of the right and the circumstances of the case, since this is a complex but solvable situation, the key here is to act quickly, collect evidence and choose the right defense strategy.
Please note! In most cases, the final point is put by the court, but competent preparation significantly increases the chances of success. Therefore, the only effective way to finally protect your rights is a comprehensive approach: analyzing documents, recording evidence and, if necessary, going to court.
Establishing the boundaries of a land plot: how much does it cost and where to go?
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Establishing the boundaries of a land plot in Ukraine costs from 1,000 hryvnias, depending on the region and company.
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The procedure includes information collection, surveying, and documentation preparation, and can only be performed by certified engineers.