Current Court Practice in Land Recovery Cases

Recovery of a land plot is a legal procedure aimed at returning property to its owner when the land has been unlawfully removed from their possession. Such disputes often arise due to bad faith actions of third parties, errors in state registers, unlawful decisions of government authorities, or fraudulent schemes involving land alienation.

1. Land Recovery: Legal Basis

Recovery of a land plot is carried out through court proceedings on the basis of:

• Article 387 of the Civil Code of Ukraine — recovery of property from a person unlawfully possessing it;
• Article 388 of the Civil Code of Ukraine — return of property from a bona fide purchaser if the property left the owner’s possession against their will;
• Article 152 of the Land Code of Ukraine — protection of land rights, including judicial recovery of land.

2. Court Practice: What Do Courts Pay Attention To?

When considering such cases, courts analyze:

• Whether the claimant has valid title documents for the land plot.
• The circumstances under which the land plot left the owner’s possession.
• The good faith of the purchaser: whether they knew about the unlawful acquisition of ownership rights.
• Whether the claimant’s rights were violated and whether such rights may be restored through land recovery.

Practical Conclusion

If the land plot left the owner’s possession voluntarily, for example under a sale and purchase agreement, recovery of the land from a bona fide purchaser is practically impossible.

3. Common Grounds for Land Recovery

Unlawful Decisions of Government Authorities

Local councils or state authorities may unlawfully transfer land plots into ownership or use of third parties. If such a decision is cancelled by a court, the land may be recovered.

Fraudulent Land Alienation Schemes

For example, use of forged documents, raider schemes, or execution of agreements without the owner’s knowledge.

Errors in Registration of Ownership Rights

Sometimes land plots are transferred to other persons due to registration errors. In such cases, it is possible to prove the unlawfulness of the transfer and recover the land plot.

4. Important Court Decisions

Supreme Court Decision in Case No. 910/8080/19

The Supreme Court confirmed that if a land plot left the owner’s possession unlawfully, even a bona fide purchaser may lose ownership rights.

Supreme Court Decision in Case No. 922/1744/20

The Court emphasized that land recovery is possible only where the owner did not voluntarily lose control over the land plot.

Supreme Court Decision in Case No. 916/3096/20

The Court established that ownership rights to a land plot cannot be recognized for a person who obtained the land on the basis of an unlawful decision of a government authority.

5. How to Prepare for Court Proceedings?

• Collect all documents, including title documents, extracts from registers, and cadastral plans.
• Conduct expert examinations to establish plot boundaries and verify documentation.
• Prepare evidence confirming unlawful alienation, including decisions of authorities, witness statements, and agreements.
• Contact our qualified lawyer, as court practice changes regularly and professional legal assistance is important.

Court practice in land recovery cases remains inconsistent. The key factor is proving the unlawful alienation of the land plot and violation of the owner’s rights. In many cases, analysis of the purchaser’s good faith plays a decisive role.

If you have encountered unlawful alienation of your land, contact legal professionals. The Ukrainian Bar and Real Estate Association will help protect your rights.