This is a branch that regulates relations related to the ownership, use, and disposal of land.
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A lawyer’s consultation on land law begins with the client stating the essence of the issue. The lawyer, having understood the essence of the problem, determines whether it can be solved. If the client needs a one-time consultation, the lawyer explains the main aspects of his situation. The meeting lasts about 40 minutes, and if the issue is simple – 20-30 minutes.
For more complex cases, for example, when it comes to a commercial dispute or the intervention of the prosecutor’s office, one consultation may not be enough. Land legal relations require a detailed analysis of documents, as well as subsequent case support.
The list of documents depends on the specific case. First of all, documents confirming the ownership of a land share are required: purchase and sale agreements, donations, state acts on land, data from state registers of rights. The question of how the client obtained the land for ownership or use is most often key in land legal relations.
If it is a boundary dispute, geodetic survey of the site and judicial examination (if conducted) are important. Technical documentation or a project for allocating a land plot and information on registration of ownership may also be required. Sometimes clients bring six to eight folders with various documentation that need to be reviewed. Analysis of these documents allows the lawyer to determine the legality of land ownership, compliance with boundaries, possible legal risks and ways to resolve the problem. In some cases, it may be necessary to check the documents of neighbors. Based on the analysis, a decision is made on further action: to contact the city commission on boundary disputes, file a lawsuit in court, or use mediation as a peaceful resolution of the issue.
Consultation on land disputes requires a more detailed analysis of the situation, since such cases are associated with lengthy court proceedings. Land disputes that are resolved by courts arise for various reasons: disagreement of boundaries, denial of property rights, etc. Such disputes can lead to the annulment of land transactions. The lawyer studies all documents to determine possible defense strategies.
The lawyer considers land disputes from the point of view of all legal nuances, analyzing how legitimate the claims of opponents are. For example, if neighbors deny ownership of the plot, the lawyer checks whether they have grounds for such claims. Additional examinations may be required, for example, land technical examination, examination on land management issues.
Turning to a lawyer in land law helps to achieve different results depending on the essence of the issue. All results of turning to a lawyer can be divided into three categories:
Lawyers of the company “DE-JURE” help to resolve complex land issues that require a professional approach. For example, in our practice there was a case when a group of apartment owners demanded the allocation of land for an apartment building. After a year and a half of struggle, rallies and legal proceedings, the land was allocated, which allowed the house to be put into operation.
It is also important to note that some land disputes can last for years, especially when they involve neighbors with strong opinions. And such disputes are difficult to resolve.
A land dispute lawyer is needed in various situations. The DE-JURE company provides assistance in the following land law issues:
The DE-JURE company helps to draw up lease agreements, sublease agreements, superficies (development of someone else’s land plot), easements and joint use of the territory. It is also possible to conduct an examination of land law agreements drawn up earlier. In complex cases, a due diligence check is required, which allows you to identify potential risks when purchasing land or concluding an agreement.
For example, when using someone else’s land for travel between enterprises, it is important to agree on the conditions and possible payments in advance. The lawyer analyzes the documents, assesses the legality of the transaction and helps to avoid possible conflicts.
Registration of ownership of a land plot is the final stage of registration of a transaction or privatization process. Depending on the situation, the procedure can be carried out through a registrar or a notary. To do this, you must provide documents establishing the right, including a purchase and sale agreement, donation, inheritance.
It is important to consider the terms of registration of ownership of a land plot, which may vary depending on the region and the workload of the registration authorities. A lawyer can also help with registration of the right of lifelong ownership of a land plot, which is especially relevant in the event of inheritance or long-term use of land.
Changing the purpose of a land plot is a complex procedure that requires coordination with state authorities. Before starting the registration, a lawyer analyzes the possibility of changing the status of the land, taking into account urban planning documentation. The most common case is the transfer of agricultural land to the category of land for development. This requires a detailed check of documents, preparation of a package of land management materials and interaction with local authorities. Sometimes changing the purpose is impossible due to established restrictions. In such a case, the lawyer advises the client on possible alternatives. DE-JURE lawyers also help organize the process, including the search for land management organizations and surveyors, in order to carry out all the work “on a turnkey basis” without unnecessary difficulties for the owner of the plot.
Privatization is the process of citizens obtaining the right to a land plot in Ukraine and transferring it to personal ownership. It can include both the initial registration of the land and the legalization of ownership of plots that have already been used. Lawyers help determine the possibility of privatization, prepare the necessary documentation and interact with state authorities.
In cities, the procedure is more complicated due to the limited land fund, and in rural areas it is much easier to obtain a plot. Professional legal support helps to avoid refusals, speed up the registration process and take into account all the nuances of the legislation.
Lawyers of “DE-JURE” have extensive experience in the field of land law and are ready to help you in resolving difficult issues. Contact us!
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