Legal services for the resolution of disputes regarding commercial land at the pre-trial level and representation in court
Land disputes are very common in legal practice. Land is a fairly valuable object of the rights of organizations and individuals, and therefore, various disputes and conflicts often arise in relation to the rights to land plots.
Land disputes are disagreements that arise between participants in land legal relations regarding the rights to a land plot. You should be prepared for the fact that, as a rule, the resolution of land disputes, in most cases, stretches for a fairly long amount of time.
Types of land disputes
- About the boundaries of the land
- About the recognition of rights to a land plot
- On the definition of the right to use a land plot
- On the recognition of illegal refusal to provide a land plot
- Regarding the pre-emptive right to inherit a land plot
- On the division of land in kind and the establishment of boundaries
- About the establishment and termination of an easement
- About challenging the unlawful additional charge of land tax
- Other disputes
The procedure for considering land disputes
Determining the jurisdiction of a land dispute is a rather difficult issue; in practice, difficulties often arise in delimiting the jurisdiction of disputes between courts of general jurisdiction and arbitration courts.
The main criteria for determining the jurisdiction of a land dispute to arbitration courts are:
- the nature of the disputed legal relationship (the dispute must be of an economic nature and be related to the implementation of entrepreneurial activities for its jurisdiction to arbitration courts);
- the subject composition of the participants in the dispute.
With regard to jurisdiction, claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, buildings, structures, other objects firmly connected with land, as well as for the release of property from arrest, are filed with the court at the location land plots (other objects).
After determining the jurisdiction and jurisdiction of a particular land dispute, a statement of claim is drawn up, which must contain all the circumstances of the violation of the plaintiff’s rights. Without fail, the statement of claim must contain the names of the parties, their exact addresses of residence or location, the price of the claim, the circumstances that act as justification for the claim, as well as a complete list of all petitions attached to the document.
Land disputes are one of the most complex civil 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 land is a fairly valuable object of civil rights, it seems necessary to carefully prepare to defend your rights and interests regarding the land plot, and not neglect the help of experienced and qualified lawyers in the field of land law.