Disputes Concerning the Recognition of Ownership Rights to Real Estate
The “First Legal” Law Firm has been providing legal services in the field of commercial law since 2008.
One of the most common requests from our clients involves the need to restore their right to exercise all the powers of an owner of a real estate property—namely the rights of possession, use, or disposal.
Choosing the “First Legal” Law Firm is undoubtedly an advantage for the client, given the following:
- The “First Legal” Law Firm has been providing legal services since 2008;
- The specialists of our Law Firm have significant experience in representing clients’ interests in court concerning disputes related to real estate, including disputes concerning the removal of obstacles to the use of real estate;
- The specialists of our Law Firm also handle the procedure of enforcing court decisions in cases involving the removal of obstacles to the use of real estate.
In most cases, the pre-trial procedure for resolving a dispute over real estate is not always effective; therefore, the team at our Law Firm successfully carries out all the necessary steps to prepare a statement of claim to recognize our client’s ownership rights to a real estate object through commercial litigation, and, depending on the client’s request, to enforce the court’s decision regarding the recognition of ownership rights to such an object.
Experience shows that success in this category of cases is achieved if sufficient evidence is submitted to the court proving that the plaintiff is indeed the owner of the disputed property (the real estate) and that the plaintiff’s rights are being challenged or not recognized by another party. An important condition is the absence of any contractual relationship (obligations) between the plaintiff and the defendant, where the defendant is the party challenging ownership of the disputed property, or who, while not outright disputing the ownership, fails to acknowledge it.
A clear example of a dispute regarding the recognition of ownership rights to real estate is the alienation of a disputed property as collateral by a third party. Frequently, such property leaves our client’s possession without their consent, making the most effective method of restoring their rights the reclamation of the property (which is legitimately theirs) from another’s possession and the recognition of ownership of the said property.
The need to recognize ownership rights to real estate may also arise in cases of unauthorized construction. In such situations, we ensure our client’s right to freely use and dispose of the unauthorized construction by entering the corresponding record into the Unified State Register of Property Rights to Real Estate. We emphasize that the absence of title documents for real estate makes it impossible to exercise the right to dispose of such property.
By contacting the team at the “First Legal” Law Firm, you gain the following advantages:
- Legal analysis of the current situation, oral or written consultations, and formation of a legal position;
- Collection and/or search for evidence to properly protect the client’s interests, in particular by submitting attorney requests;
- Preparation of the document package for filing a civil claim in court;
- Drafting a civil claim regarding the recognition of a person (persons) as having lost the right to use real estate;
- Representation of the client’s interests in the first-instance court hearing, which includes participation in court sessions, preparation of the necessary procedural documents for a successful court outcome, etc.;
- Representation of the client’s interests during enforcement proceedings.
If necessary, our specialists can also represent your interests in the appellate and/or cassation courts.
The “First Legal” Law Firm is your primary guarantor of restoring the right of the legal entity you represent to exercise the owner’s rights to real estate, in a manner prescribed by the current legislation of Ukraine.