The Legal Problems of Land Ownership Defence in Case of Land Parcels Borders Overlaping

Abstract

The article analyses the problem of the land ownership defence in the case when their borders have been overlapped. The methodsof solving this problem, which are applied in the judicial practice in Ukraine, are discussed in this article. Having done the research,the author concludes that the following remedies for ownership violation are not suitable in the case of land parcel borders have beenoverlapped: declaring void and cancelling the decision of the bodies of excecutive power and boies of self-governance by which theownership to the land parcel was transferred and affirming of the ownership to disputed part of the land parcel based on the norms onadverse possession.The declaring void and cancelling the decision by which the ownership to the land parcel was transferred is not suitable remedybecause the land parcels border overlapping caused by mistakes in establishing land parcels border in the land survey projects of boughland parcels, which borders are overlapped. It is, therefore, unreasonable to allocate all negative consequences of wrong establishingof the coordinates of the land parcels borders on the owner of the one land parcel.The adverse possession rules are not suitable for the land ownership protection because the person, who does not hold the partof the land parcel, that overlaps the part of the land parcel of the other owner, did not know that he doesn’t hold the part of his land parcel.If the person, who loses the holding of the land parcel, doesn’t aware about this, this person doesn’t lose the possession. Neitherthe person holding the part of the land parcel, who don’t aware that he holds the part of the other owner’s land parcel, doesn’t get theadverse possession. Not having obtained the adverse possession the person can’t get the ownership on the land parcel.Under the author’s opinion in the case when two land parcel borders are overlapped, the rule, under which the land parcels bordersare established according to actual use of these land parcels, shall be applied in this case. This rule encourages the carefulness ofthe land parcel owners.