What should you do if a neighbor has illegally occupied part of your property?

Situations where a neighbor moves a fence, extends a garage, or effectively uses part of someone else’s land are not uncommon in Ukraine. Often, people fail to notice boundary violations for years, and the problem only comes to light when selling the land, processing an inheritance, or conducting cadastral surveys. In such cases, it is important to act strictly within the legal framework and not attempt to “reclaim” the land on your own.

According to Article 212 of the Land Code of Ukraine, land plots occupied without authorization must be returned to their owners without compensation to the person who used them illegally. The law also requires that the plot be restored to its original condition, including the demolition of any structures built illegally.

First and foremost, you need to verify the land documents. The owner must have a state title deed, an extract from the State Register of Real Rights, or another document confirming ownership or the right to use the land plot. The cadastral number and the registration of the plot’s boundaries in the State Land Cadastre are also important.

The next step is to document the violation. Most often, this involves commissioning a survey or land surveying documentation from a certified land surveyor. It is these documents that can confirm the fact that boundaries have been encroached upon or that a portion of the land has been unlawfully occupied.

In many cases, the issue can be resolved amicably by sending a written complaint to the neighbor. The complaint should specify which boundaries have been violated, include copies of the technical documentation, and request that the violation be voluntarily rectified within a specified timeframe.

If a neighbor refuses to vacate the land, the owner has the right to file a lawsuit. The most common types of lawsuits filed are:

• removal of obstacles to the use of the land plot
• return of the portion of land occupied without authorization;
• demolition of unauthorized structures;
• compensation for damages incurred.

Under Article 376 of the Civil Code of Ukraine, construction is considered unauthorized if it is carried out on a land plot that has not been designated for that purpose, or without the proper permits. The court may order the violator to demolish such a structure at their own expense.

The Supreme Court has repeatedly emphasized in its case law that the mere fact of unauthorized construction or illegal use of another person’s land already constitutes a violation of the landowner’s rights.

It is also important to remember that demolishing a neighbor’s fence or building on one’s own without a court order can lead to conflict and even criminal or civil liability. Therefore, any actions must be taken strictly within the bounds of legal procedure.

To successfully defend your rights in court, it is important to prepare:

• land title documents;
• cadastral map;
• survey results;
• photographic and video evidence of the violation;
• expert opinions or reports from land surveyors;
• copies of correspondence or complaints filed against the neighbor.

In land disputes, what matters most is not the emotional conflict between neighbors, but a solid evidentiary basis and the proper application of land and civil law. That is why, in cases of unauthorized land occupation, it is important to seek legal assistance as early as possible to prevent the loss of part of the plot or the dispute from dragging on for years. The team at Strategic Advocacy LLP is ready to provide legal advice on this or other matters and help you defend your rights and protect your property.