Protection of property rights

Protection of property rights in Ukraine is of crucial importance, because it determines the owner’s ability to actually use his property and not lose it due to registry errors or illegal actions of other persons. Judicial practice shows that successful protection begins with the right choice of legal instrument and timely response to violations. Especially if we are talking about ownership rights not only to land and real estate, but also to more complex objects, such as enterprises or CMC (integral property complexes). However, the law firm “DE-JURE” has both the relevant experience and specialists who are ready to come to the rescue in complicated situations and protect your property rights in court.

What cases require protection of property rights?

According to Ukrainian legislation, protection of property rights is one of the functions of the state. But the question arises, what should a person do in the event of a dispute with state bodies regarding property and unlawful claims of the state regarding property (for example, seizure of property by the state or illegal demolition). In such a situation, one should contact a lawyer (advocate) for the protection of property rights, whose direct task is to protect real estate, including from state claims. A lawyer from DE-JURE can provide assistance in the following cases:

• legal representation in property disputes;
• restoration of property rights through the court;
• drafting a statement of claim to cancel decisions of state bodies;
• cancellation of registration of property rights.

This is far from a complete list of cases for the protection of property rights – the range of legal services is much wider and is selected for a specific situation.

How does a consultation on property rights protection proceed?

A consultation with a lawyer on property rights protection begins with identifying the client’s problem and examining the documents confirming his ownership rights and those related to the essence of the conflict. After that, the lawyer provides a legal opinion on the legal status and possible further actions to protect the client’s property rights.

What documents are required for a consultation on property rights protection?

The list of documents that a lawyer examines and subsequently uses to protect the client’s property rights is individual for each case. The most common are title documents, such as a purchase and sale agreement, a gift deed, or another document establishing ownership. In addition, for an apartment, this may be a technical passport for the object, as well as information from the State Register of Real Estate Ownership. Other documents necessary to resolve a property dispute are agreed with the client at the stage of a preliminary consultation.

What services does property rights protection support include?

Legal assistance in the protection of property rights covers a wide range of services. First of all, it is a consultation with an attorney (lawyer), during which an initial analysis of the client’s problem is carried out and the optimal way to solve it is determined. The next stage is the preparation of a legal opinion – a written document in which the attorney analyzes the client’s case in detail, examines documents, including those collected independently, and provides comprehensive answers to the questions posed by the client.

Another type of service is judicial representation both in cases initiated by the client and in cases where the client is the defendant (for example, on the confiscation of the client’s property). The attorney prepares a case management strategy, selects arguments for the protection of property, participates in procedural actions and conveys his position to the judges.

What results can be expected from legal support for the protection of property rights?

The purpose of protecting the client’s property rights from illegal claims is to restore his rights and prevent their violation in the future. Thus, depending on the circumstances of the case, the result of legal support may be:

• restoration of the client’s property rights;
• renewal of the record of state registration of his ownership of the property belonging to him;
• refusal of the opponent in his claim against the client (for example, a claim for cancellation of registration of rights or dismantling of property);
• obtaining a court decision to eliminate obstacles to the client’s use of the property and prohibit other persons from committing actions that violate the client’s property rights.

In this article, we have considered the approximate algorithm of actions of a lawyer for the protection of property rights. You can get more detailed information about your specific case by consulting a lawyer from the DE-JURE company.