Disputes on Recognizing a Person as Having Lost the Right to Use a Real Estate Object

One of the most in-demand legal services offered by the “First Legal” Law Firm is representing a client’s interests in court in disputes concerning the owner’s right to freely possess, use, and dispose of a disputed real estate object. Among the numerous types of disputes in which the Law Firm has experience are cases involving a client’s dispute to recognize a third party as having lost the right to use a real estate object.

Choosing the “First Legal” Law Firm is undoubtedly an advantage for the client, considering the following:

• The “First Legal” Law Firm has been providing legal services since 2008;
• The specialists of our Firm have significant experience in representing clients’ interests in court on issues related to real estate disputes, including disputes on recognizing a person as having lost the right to use a real estate object;
• The specialists of our Firm can (at the client’s request) support the procedure for enforcing a court decision in cases on recognizing a person as having lost the right to use a real estate object.

The issue of depriving a person of the right to use a real estate object becomes relevant when it is necessary for the owner of the dwelling to forcibly remove from the state registry the record of another person’s place of residence. Most often, this need arises from the client’s right to receive a subsidy. At the same time, if a registered person does not actually reside at the client’s dwelling for more than six months, that client receives a significantly lower subsidy amount. As is known, the higher the total income of co-residents in a dwelling, the lower the amount of subsidy provided by the State of Ukraine.

Another reason for forcibly removing the state registration record of the place of residence of persons who are not actual residents of such a dwelling for more than one year and who refuse to voluntarily deregister is the owner’s right to freely dispose of the real estate object belonging to him by right of ownership. However, the presence of “legal co-residents” somewhat complicates the owner’s process of alienating the disputed property.

There are also other practical cases of representing the interests of residential real estate owners in court during the resolution of disputes on recognizing a person as having lost the right to use such real estate, which have reinforced the specialists’ confidence at the “First Legal” Law Firm in the unequivocal resolution of disputes on this matter.

The “First Legal” Law Firm offers the following range of services in representing the client’s interests during disputes on recognizing a person (persons) as having lost the right to use a real estate object:

• Legal analysis of the situation, consultations (oral or written), and formation of a legal position;
• Collection and/or search for evidence to properly protect the client’s interests, in particular through attorney requests;
• Preparation of the set of documents for filing a civil lawsuit in court;
• Drafting a civil claim to recognize a person (persons) as having lost the right to use a real estate object;
• Court representation of the client’s interests during the first-instance court’s consideration of the claim, which includes participation in court sessions, preparation of the necessary procedural documents for the successful consideration of the case in court, etc.;
• Providing step-by-step instructions on the procedure for enforcing the court decision, or, at the client’s additional request, representing the client’s interests during the enforcement proceedings.

If necessary, our specialists also represent the client’s interests in court proceedings both in the first-instance court and in the appellate and/or cassation courts.

By contacting the “First Legal” Law Firm, our client undoubtedly achieves the desired result of freely possessing, using, and disposing of the disputed real estate object. The specialists of our Law Firm independently search for proper and admissible evidence to ensure a fair and successful resolution of the dispute in court. At the same time, our work is based on the provisions defined by current Ukrainian legislation, as well as on the latest judicial practice, which our specialists regularly monitor.