Disputes Concerning the Removal of Obstacles to the Use of Real Estate
Court representation of a client’s interests in disputes related to real estate is one of the most requested services from the “First Legal” Law Firm.
Most often, the need to file a claim to compel the removal of obstacles to the use of disputed real estate arises from the client’s complete or partial inability to use or dispose of such real estate. In this instance, the violation committed by a third party does not involve deprivation of ownership of that property. In other words, “de jure,” the client continues to be considered the owner of the real estate, but “de facto,” they are deprived of the ability to use and/or dispose of it.
A clear example of a situation where the above-mentioned method of protecting the client’s rights and interests is chosen is an unjustified occupation by a third party of the client’s premises premises that the client owns for the purpose of conducting business activities there, or, for example, the refusal of a previous owner to vacate the disputed premises after the client has acquired ownership rights to the disputed real estate (as confirmed by an entry in the Unified State Register of Property Rights to Real Estate).
Choosing the “First Legal” Law Firm is undoubtedly an advantage for the client because:
- 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 over the removal of obstacles to the use of real estate;
- The specialists of our Law Firm provide support in enforcing court decisions in cases involving the removal of obstacles to the use of real estate.
Constant analysis of judicial practice shows that it is extremely important for a favorable case outcome to gather all appropriate and admissible evidence that confirms the plaintiff’s ownership of the disputed real estate, as well as evidence of the violation of the plaintiff’s rights by third parties. Our specialists’ considerable experience allows them to gather adequate and admissible evidence in a thorough manner, using methods in accordance with Ukrainian legislation.
The “First Legal” Law Firm offers the following range of services in representing a client’s interests during disputes about removing obstacles to the use of real estate:
- Legal analysis of the current situation, consultations (oral or written), and formation of a legal position;
- Collection and/or search for evidence to properly protect the client’s interests, including through attorney requests;
- Preparation of a document package for filing a civil claim in court;
- Drafting a civil claim for the removal of obstacles to the use of real estate;
- Representation of the client’s interests in the first-instance court when examining the statement of claim, including participation in court sessions and preparing the necessary procedural documents for a successful court outcome;
- Representation of the client’s interests during enforcement proceedings.
If necessary, our specialists can also represent your interests during court proceedings in the appellate or cassation courts.
The “First Legal” Law Firm fully understands the importance of an uninterrupted process of business operations. Any violation of the rights and interests of a legal entity demands urgent action to resolve any issue, including the right to continuous use of one’s own assets. By working with the “First Legal” Law Firm, our client receives prompt and high-quality resolution of any issue related to the unfettered conduct of business activities.