News date: 4 June 2024
Ilyashev & Partners Law Firm successfully represented the interests of a private client in a legal dispute over land ownership.
In 2020, an individual asked the Main Office of the State Service of Ukraine for Geodesy, Cartography and Cadastre in Kyiv Region for permission to prepare land management documents. The specified agency, however, refused to grant such a permission.
Another client of Ilyashev & Partners received a permit to prepare land management documents in 2021. Ilyashev & Partners’ client registered title to the land plot after the Vyshhorod City Council of Kyiv Region approved the land management project.
When the individual, who had previously been denied a permission to prepare land management documents, found out about this, he decided to appeal the title of Ilyashev & Partners’ client by suing the Vyshhorod District Court of Kyiv Region in order to get the land plot back from unlawful possession and to overturn the decision of the local government authority. The claimant referred to the alleged illegality of the actions of the Main Office of the State Service of Ukraine for Geodesy, Cartography and Cadastre in Kyiv Region, Vyshhorod City Council of Kyiv Region and non-compliance of the land management project with legal requirements.
To protect the client, Ilyashev & Partners’ team prepared a well-founded legal opinion and conducted a comprehensive forensic examination of the land management. The examination found that the land management project complies with legal requirements. It was also established that the actual land use of the land plot meets the land management documentation, land title documents, and relevant regulations.
As a result, the court accepted the legal position of Ilyashev & Partners’ team, concluding that the decision of Vyshhorod City Council to transfer the disputed land plot to Ilyashev & Partners’ client had been made within its powers, according to Ukrainian law and regulations. The disputed land plot was therefore legally acquired by Ilyashev & Partners’ client.
On 30 April 2024, Vyshhorod District Court of Kyiv Region dismissed the claimant’s claim in full. The case was handled by Dmytro Hrybov, Attorney at Law, Counsel, Head of the Real Estate & Construction, and Dmytro Hruba, Attorney at Law.