To privatize or NOT? - News about real estate, Kiev, Kyiv region. Real Estate In Ukraine
Today, many people who received the land many years ago, want to privatize their land. A simple structure procedure...Become full owners of the gardenToday, many people who received the land many years ago, want to privatize their land. With a simple structure, the procedure for transfer of territory to private ownership can be fraught with hidden at first glance the "pitfalls". Those who are in no hurry to become the full owner of his garden, soon to lose it. To avoid problems, you need to carefully place the paper and to use the services of professionals.Step by step instructions with reservationsAny land user who wants to privatize it, to write a letter to the village Council, under whose jurisdiction falls the territory. The statement must indicate the intended purpose: a construction, agricultural or other purpose. After reviewing the application, the village Council shall render a decision which either grants the request of the applicant on the transfer of land into private property or not. "Among the reasons of failure of the village Council: the lack of land available. If such a use of the applicant over 15 years, the reasons for refusal at the village Council should not", - says lawyer Andrew Turya. The longer the site is in use, the greater the likelihood that the village Council make a positive decision. Frequent cases of failures in the privatization of the reasons for the lack of vacant territories. Andrei Tur said that if you believe in the existence of such areas, which no one privatized you should go to court and challenge the refusal of local officials.The next stage of privatization, in the case of a positive decision of the village Council: registration of the act on the ground. To carry out this step the person must apply in land surveying firm. In each area there are many, but it is better to choose a proven, staffed by professionals who can competently execute all papers. In the process of preparing the state act is measurement of the earth (this is included in the package of land management firm). If the plot was already in use вЂ“ measurement is performed on the boundaries of the fence, which put the owner. This agreed with the neighbors property line, which is signed by the act. Surveyors determine the coordinates of the site, draw up cadastral plan. The firm's services can vary widely from 300 to 5 thousand.e. It all depends on how quickly the owner wants to privatize the land plot, the size of the site and its purpose. On the average, usually the entire privatization process took six months and costs $ 500.e. After the act is made, the man is officially the owner of the land. If in the future he wants to build a house, to construction to coordinate the project with the district administration.Adult neozgidannosteyAs at the design stage of privatization, and "post factum", the land owner may experience several problems. One of the most common вЂ“ not be the sole owner of the property. Andrew Turya says that often the village Council shall make a few decisions on one plot. There is a pad of land applicants. This is possible as a result of the negligence of the employees there. "For example, in my practice there was a case when in the course of the year we issued two decisions on two different applicants on the same plot. And one of them has already laid the Foundation and uses the area under issued his decision," said Andrei Tur. In such cases, the village Council decides to withdraw the land from one of the owners. Moreover, the selected land is not the one who later privatized, whereas, the village Council whose positions less firmly cemented. Ie, the site give it to someone on a legally correct paperwork the staff of the village Council. Seizure of a plot of land can occur as a result of misuse of the site . "If the land which is in use at the faces not being used for its intended purpose, according to article 141 of the Land Code of Ukraine it can be taken away in court," said Andrei Tur.All of these inconsistencies and controversies resolved by the court. After all, to take away the land, the state only has the right according to article 144 of the Land code, which establishes the order of suspension of land use, and only if there is an infringement of the land legislation. If the violation is detected, the owner shall have 30 days to remove it after receiving instructions from the state inspectors on use and protection of lands. "We are currently conducting a case in which my client is not that (not established a violation of law) and without warning, deprived of land. Despite the fact that his decision was first issued in 1994," says Andrew Turya. The lawyer plans in court to defend his client, using as arguments the errors in the design, which allowed the village Council. Lawyer predicts that in this particular case, the man who the second received a plot of land and has managed to lay the Foundation for it, will lose their right to the territory.Theoretically, any non-privatized garden quite easily become the property of the man who privatized its faster legitimate user. Moreover, these unpleasant facts happen all the time. Therefore, experts suggest that you become the legal owner of their land as quickly as possible. If the plot built the house, the attacker will be more difficult to take over someone else's territory: the town Council maintains a register of buildings that are saved to the designs and other documents that can verify the identity of the site owner.Old caseThe owner of the land plot in Kiev Svyatoshinsky area Roman Shchekin says that about a year trying unsuccessfully to privatize their garden, but does everything right. The village Council shall refuse to permit privatization on the grounds that the documents confirming the belonging to Roman territory Shchekin, were issued horticultural associations, founded in the USSR. Since it is such a country does not exist, the village Council deems the documentation is invalid. "If the area was the home could provide the project and other papers, but there is only the garden," said Roman Shchekin. Andrew commented on the situation Turya as follows : "Each individual case requires a more careful detailed analysis. Certainly the documents "originating from a non-existent country" is not the only cause of failure of the village Council, there are others. Here you need to understand, learn all the details.But even if you are already the legal owner of the site, you can still get a nasty surprise.
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