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Property right to garage was recognized through expeditious remote court proceedings
  • Written by Natalia Samchinska, Volyn regional public organization "Center of Legal Aid"
  • Published in  Success stories

The distance prevented a resident of Kovel and now a resident of Odessa region from personal participating in trial and paperwork on the inherited real estate. Due to free professional aid provided by a lawyer of Kovel Community Law Center the case was resolved through expeditious remote court proceedings.

The resident of Kovel and now the resident of Odessa region Svitlana Petrenko* asked the Community Law Center at Volyn regional public organization "Center of Legal Aid" for help in resolving a case of recognition of the property right. It dealt with the registration of a garage that remained after her parents’ death. They died intestate therefore, there were no documents on the building.

In 1980 Svitlana's father built an individual garage and registered only the building construction passport in 1979. Parents used the garage permanently and considered that everything was all right with the documents.

However, as it appeared, according to the extract from the decision of the Executive Committee of the City Council of 1996, only a land plot for the garage construction was transferred to her father as a private property.

Therefore, after her parents’ death Svitlana independently registered laws of succession on the apartment, but failed to do the same with the garage. When the woman addressed the notary concerning the registration of the inheritance on garage, she received the written refusal - due to the lack of documents of title.

Svitlana is the only heir, she has no brothers and sisters. Respectively, it was necessary to achieve the recognition of her property right as inheritance in court.

Svitlana could not afford it, as she needed to go home to Odessa region.

The lawyer of the Center Natalia Dubrova offered the help in preparation of documents to present her interests in court.

We made the Act of Building Inspection and technical condition of the building of the garage in the Self-supporting Design and Production Architecturally Planning Bureau in the city of Kovel”, the lawyer told. ”We inquired in the department of town-planning and architecture an expert conclusion that the hereditary garage meets the operating construction norms and requirements and also the plan scheme of the garage complex”.

Employees of the Center developed the Technical Data Sheet for the garage and filed a claim with a petition to consider the case without participation of the claimant. Copies of documents were sent to Svitlana.

In a month the woman was informed that the court had satisfied her claim. Therefore, soon Svitlana will arrive in native Kovel to register her right to property.

*Name of person featured in publication is changed for ethical reason.

P.S. Community Law Centers are created and work in the framework of the “Legal aid to the poor and vulnerable groups” Initiative with the financial support of the “Human Rights and Justice” Program Initiative of the International Renaissance Foundation. Read more about activity of Community Law Center network, basics and principles of work on the website “LegalSpace”.

The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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