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- Date published: 14/06/2018
Everyone can be in a situation when receiving a squatter, the owner doesn't know what to do with it. Moreover, in a situation where land rights are not issued....
Each of these situations can have its ways of development of the situation and depending on these paths we have to choose the method of resolving this problem.
At the same time, each situation is different, it is impossible to foresee and consider all the nuances of legalizing samostroya and decisions will be individual.
It happens. So it turned out. The new owner found himself in this situation due to life circumstances and likely land on which the squatter was previously perfectly legal provided the previous owner, but "wasn't designed" or as usually said on such land that it "has not been privatized."
And because the land has not been issued, and transmit it in inheritance not because it was not, although there is no "on paper". No one except the heir, the land is not intended, because everyone knows that the earth used legally.
Life situation, however, has only one output – the appeal to court with the claim about recognition of the right to land inheritance.
Preparation of the claim and materials to him the success and availability of legal support at the appropriate level, the chances of a positive court decision increase substantially. Of course you can with it and it serves its purpose independently.
Keep in mind that a defendant in the suit is a local rural Parliament, where the property is located and filed in the district court.
In addition, you need to go to court with the claim about recognition of the right to unauthorized construction in the order of succession. This can be done in one suit and in different ways.
In court prove that the heir is still the heir of that deceased person before lawfully enjoyed this property, it is built by him and at his expense.
Important! If a squatter were built before 05.08.1992, it is likely it will not need to be operational, if built after 1992, after the court's decision will have to additionally go through the procedure of commissioning through the SACC.
Also after the court decision must apply for the state certificate on the land and register it in the registration service.
After receiving the certificate, the owner may apply to the Registrar for registration of the former squatter. After registration, the squatter becomes the legal property. That's all.
In fact, this situation is a twofold problem: (1) squatting on the ground with (2) self-construction.
You also need to keep in mind there are cases where capital construction on the land is generally prohibited (for Example, in the coastal strip of rivers and seas or on agricultural land). In this case chances to get the land virtually no.
In the case where the rightful owner is "not against squatter" on the land are possible options for its execution:
1. free privatization of land under the rules of the Land code of Ukraine;
2. the legal sale of land (part of plot);
3. the rent of the land plot;
4.the conclusion of the contract of superficies (contract rent when the rightful owner authorizes another person to build on your plot).
Legalization samostroya, by and large, comes down to getting the document on its acquisition in the SACC without which to register the title in the state register of real estate is problematic.
How the legalization (uzakanivaniya) a few:
Thus, the procedure for entering the self-system in operation in any case will have to go.
Sometimes, by the way, local councils, to meet the owners of the illegal constructions in the occupied areas, to take special solutions which allow perfectly legal to ask citizens to the local Council to resolve this problem. As a rule, decisions of local councils provides for the procedure for the application of an interested person to the local Council, considering the application of the special Council and a decision on the possibility of land allocation and coordination of project documentation. Such a decision, for example, acted in the Odessa city Council till 2011 to Find out if this procedure and whether he can in the local Council, for example, having come on reception to the head (the mayor) or Deputy head on construction or land issues, or a lawyer the local Council.
Back to what was said earlier "there are No documents – no rights", ie to get the squatter legally impossible, and such a purchase though actually occurs, however, outside the "legal field" and pay for this "purchase", the new "owner" gets a certain amount of problems with further uzakanivanie of the squatter, figuring out "who did it?", etc. However, in General, not significantly different from the previous version.
The results:most of the constructions can be legalized;
- most of the constructions need to legalize it, if You don't want to bring the problems to the heirs;
- there is a squatter in a foreign land that cannot be legalized;
- there are constructions that you can legislate only through the courts;
- the cost of legalizing samostroya can be above the cost of the squatter.
I hope in this article you can see some Mature ideas.
In any case, if you wish to "arm" the legal support in solving the problem, please contact us, we will come up with an interesting personal decision.
After all, we are already doing for their clients. And what there to dissemble, do very well.
Let me help you spend some money :)