One of the important areas of practice of BRACE Law Firm is the legal services of resolving land disputes. In our practice, we face with different land disputes at different stages of dispute resolution, including pre-trial and judicial.
To defend their interests in the process of resolving at land disputes, it seems necessary to attract professional lawyers who are specialized at the resolving issues in this area.
Land disputes are very common in legal practice. The land is a very valuable object of citizens' rights, and therefore, regarding disputes over land rights, different disputes and conflicts quite often arise.
Land disputes represent disagreements that arise between participants in land relations regarding about rights to the land plot. You should be prepared for the fact that, as a rule, the resolution of land disputes, in most cases, stretches over a fairly long time.
Types of land disputes
- Disputes on the boundaries of the land
- Disputes over the recognition of land rights
- Disputes on determining the right to use a land plot
- Disputes on the recognition of the refusal to provide land illegally
- Disputes regarding the preemptive right to inherit land
- Disputes on the division of land in kind and the establishment of borders
- Disputes over the establishment and termination of easement
- Disputes concerning the contestation of unlawful additional tax on land tax
- Other disputes in the field of land relations
The procedure for the consideration of land disputes
The determination of the jurisdiction of the land dispute is a difficult question; in practice, there are a lot of difficulties arise when delimiting jurisdiction of disputes between courts of general jurisdiction and arbitration courts.
The main criteria for determining the jurisdiction of the land dispute to arbitration courts are:
- the nature of the disputed relationship (the dispute should be economic nature and be related to the implementation of entrepreneurial activity for its jurisdiction to arbitration courts);
- subjective composition of the parties to the dispute.
As regards jurisdiction, claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, buildings, structures, other objects firmly connected with land, and the release of property from arrest, are brought to court at the location land plots (other objects).
After determining the jurisdiction and jurisdiction of the land dispute, a statement of claim is drawn up, which must contain all the circumstances of the violation of the rights of the plaintiff. The statement of claim must contain the names of the parties, their exact address of residence or location, the price of the claim, the circumstances that serve as the justification for the claim, and the complete list of all applications attached to the document.
Land disputes are one of the most complex civil law disputes, which is explained by the existing great diversity, the existing large number of legal acts regulating land relations and the contradictions between them, and insufficiently formed judicial practice. Since the land is a very valuable object of civil rights, it seems necessary to carefully prepare for the assertion of their rights and interests relating to the land, and not to neglect the help of experienced and qualified lawyers in the field of land law.
- Legal analysis of documents and other evidence submitted by the client in the land dispute
- Advising lawyers at BRACE Law Firm on the prospects for judicial and/or pre-trial settlement of a dispute
- Preparation and submission of the claim (if a mandatory pre-trial procedure is provided or the submission of the claim is necessary for other reasons)
- Development of a strategy and tactics for protecting the client in court
- Collection, preparation and retrieval of evidence for the court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers and completion of all necessary procedural actions
- Coordination in several parallel processes
- Legal assistance in administrative matters
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory review
- Support of enforcement proceedings
- Other legal assistance in land litigation