THE STUDY OF SOME ASPECTS OF LAND USE WITHOUT THE EXECUTION OF TITLE DEEDS IN RESPECT THEREOF
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 1
Abstract
This contribution is addressed to the identification of grounds for the recovery of damages from an actual use of lands without the execution of any title deeds in accordance with law. The author states that there exists such a type of land use as an actual use of land which has appeared under the old land law. Currently, it, however, fails to comply with the requirements of law regarding the execution of the right, title and interest in and to land and may not be considered as a ground for using a land. Under the legislation currently in effect, a land lease agreement shall be the ground for making lease payments. In the event that the right, title and interest in and to a real estate (building, structure) have been transferred, the liability to pay a land tax assessment shall appear automatically this evidencing the existence of an actual land use. The possibility is studied of treating a land use without any title deeds as a type of an unauthorized occupancy of lands. The author states that the responsibility or liability, as the case may be, for an actual land use without the execution of the relevant permits may not be treated as an unauthorized occupancy of lands. The matter of recovery of damages for the period of time of failure to make land lease payments may only be resolved by a court taking due account of all and any individual circumstances of the case and the presence of all the constituent elements of offence proved. Among which, the establishment of guilt signs in person’s actions shall be obligatory. Based on the analysis of judicial practice, any activities associated with using a land without the execution of title deeds with respect thereof shall not be considered illegal if: the purpose of such lands has not been altered; the land user has taken all reasonable measures to enter into a land use agreement but such an agreement has not been entered into due to an evasion of a local government; and/or the parties have failed to agree upon in writing the rate of lease payment for the use of the lands under dispute. No guilt sign shall be present in user’s activities if no infliction of damage to the land owner has been proved; or no fact of the commitment of actions aimed at the diminishment or prevention of damage has been established; or a delay of a lender took place. The determination of the point of time when the process associated with the procedure of entering into the land lease agreement stopped shall be an important aspect of the establishment of guild signs in an actual land use. The author states that a user who has obtained the right, title and interest in and to a land under the “old” legislation shall not lose the same and shall not be liable for executing such right, title and interest once again. Accordingly, the legislation must take the rights of such actual land users into account and fill a gap in the applicable laws and regulations. Key words: responsibility for the use of land plot without titling them, unauthorized use of land plot, unauthorized building, compensation to land owners and land users.
Authors and Affiliations
Maryna Mozaleva
Keywords
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