"Wars" for the Nikolaev earth: two lawful owners of one site

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Recently there were widespread cases when on one land plot declare the property rights some natural persons, showing each other documents of title on the land plot - the state acts of the property right to the earth.

During checks according to addresses of citizens it is established that available acts are original and were given by government bodies in the order established by the legislation.

So, in the current year to prosecutor's office of the city of Nikolaev the address from the chairman of one of garden societies of the city that one of the land plots of society is illegally used by the natural person without the permission of society and documents of title on the land plot arrived.

During consideration of the address it became clear that this person has the state act on the property right to the land plot which was given at the beginning of 90-x of last century one of village councils of People's Deputies of the Nikolaev area which part of lands in 1997 was included in structure of city lands of Nikolaev.

In the absence of information on transfer to property of the land plot the Nikolaev city council at which the part of lands of village council of a disposal since 1997 is, makes the decision on transfer of the land plot to other natural person - actually to the second owner.

The main problem for the holder of primary state act is that at the beginning of 90-x years in many cases at issue of the state acts technical documentation on the land plot with establishment of its coordinates, adjacent land users wasn't developed, cadastral number wasn't assigned. In the absence of technical documentation confirmation of the property right to this or that land plot at the statement of property rights other natural persons is laborious business and many efforts and time demand.The only way of protection of the property right to the land plot from the rights of other natural persons declared on it (in the presence at them the state act) is the appeal to local court in the location of the land plot as civil legal proceedings.

Therefore for the prevention of unpleasant situations in the future, the assistant prosecutor of the city of NikolaevadvisesA. P. Alekseev, it is better to address in the licensed land use planning organization for development of technical documentation with establishment of coordinates of the land plot, its limits and the subsequent assignment of individual cadastral number.


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