Main points
- To protect the rights, the owner needs to record the fact of the violation and contact local government authorities, collecting the necessary documents and evidence.
- Ukrainian legislation provides for administrative, civil, and sometimes criminal consequences for violators, depending on the nature and consequences of the violation.
What to do if a neighbor has seized part of the plot / Photo Unsplash
Sometimes, Ukrainians may violate the boundaries of a land plot. That is, illegally use someone else's territory.
What to do if a neighbor has taken over part of your plot?
This list also includes unauthorized seizure of land, installation of a fence, or construction with deviation from the information of the State Land Cadastre, as reported on the website of “Bachynska and Partners”.
To protect their rights, the owner needs to record the fact of the violation of the boundaries and contact the local government. In particular, first of all, the applicant collects his documents:
- passport;
- taxpayer code;
- the right to own land;
- project documents, etc.
Important! You should also provide information about the violation – photos, videos, witness statements, etc.
The applicant will receive a response within a month. He or she can then agree with it or immediately appeal it in court. This is stated in the Law of Ukraine “On Citizens' Appeals”.
At the same time, Ukrainian legislation provides for administrative and civil consequences for violators. Sometimes even criminal liability.
The type of liability depends on the nature of the violation, its consequences and the presence of damage,
– explained in the text.
The main types of liability include:
- administrative liability through fines for unauthorized occupation of land;
- the obligation to liberate illegally occupied territory and restore borders;
- compensation for material damages to the owner or user of the land plot;
- demolition of illegally constructed objects or structures;
- termination of the right to use land in cases of gross or systematic violations;
- criminal liability – in case of significant damage or repeated violation (depending on the circumstances of the case).
Please note! Liability may arise regardless of whether the violation was intentional or accidental.
What else should you know about such situations?
- Lawyer Maksym Boyarchukov said that illegally occupied land plots are subject to return to their owners. However, no reimbursement of costs is provided.
- In addition, bringing land plots into a usable condition must be carried out by people who have illegally occupied a land share.
- And if the neighbor refuses to return the land plot, then it is worth going to court.