Unauthorized occupation of land

Question: After his father's death, I privatized the land, which passed me in the inheritance with the real estate.But in the presence of 20 acres it was not as listed in the land cadastre book, but only 18. It is not known when and how (even during his father's lifetime), these two hundred were at the neighbor, anywhere any documents at this point.Tell me, please, can I return these two hundred earth, and how?Is responsible neighbor will suffer?
NT Zugorkom, Chernigov

Answer: In this case there is an unauthorized occupation of land, which is a violation of the land legislation of Ukraine.This makes it impossible for an offense to the owner of the land to exercise their right of ownership, use and disposal, and also violates the rights of users (tenants or persons who own land on the right of permanent use), namely: the right of ownership and use of land.

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According to Art.212 of the Land Code of Ukraine (hereinafter - ZKU) of land illegally occupied territory subject

returned to land owners or land users without compensation for losses suffered during their illegal use them.Bringing land areas in proper condition for use, including the demolition of houses, buildings and structures, committed by individuals or legal persons who illegally occupied them.Return conducted by the court.

Thus, for unauthorized occupation of land, for the resumption of the borders of your territory, the best solution for you would be, first of all, seek a written appeal to the relevant local council of the location of the land, as well as to the local management of the State Committee.In their written appeals request an on-site inspection at the site and the transfer of data of state land cadastre in the area.

If such a way of solving the problem will not help, the only true solution is to appeal to the court with a request to remove obstacles to the use of their land.So, h. 2 tablespoons.152 ZKU determined that the owner of the territory or land user may require the elimination of any violations of his rights on the ground, even if such violations are not connected with deprivation of the right of ownership portion, and compensation of damages.Especially for site repairs apartments with their own hands.