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Neighbor “wars” for land in Kharkiv region

Roman Likhachev, the representative of Community Law Center in Chuguev, and Chuguev city council have legally asserted the residential claims of family from Chuguev Y., whose neighbors tried to evict them.

In 1894 the house was built in Chuguev. During the Soviet times, the house was divided into 2 parts where neighboring families lived.

Soon afterwards, richer neighbors built a new house in place of the old one. Those who were not as rich built a house of 14.7 sq. m. in the same area. Both houses were formally registered according to the Soviet law.

In our times, the new owners of the big house decided to occupy the whole residential area and to evict their neighbors.

They filed a claim to the Chuguev court motivating it by the facts that they had all the documents on the house ownership, while their neighbors did not. That is why they offered to consider the house of the family Y. “the illegally built real property”.

In their claim plaintiffs demanded to require “to demolish the illegally constructed house”, to destroy the entire architectural documentation concerning the house, and to reverse the decision on issuing the house number.

Facing the perspective to live in the street, the family asked for help from the representative of the Community Law Center, the head of the Chuguev human rights group, lawyer Roman Likhachev. Free legal aid is being given in this Center including the help on the land and property issues.

The Center’s specialists and the head of the Chuguev human rights group, lawyer Roman Likhachev gave consultations to the citizen Y., and prepared the appropriate argumentations for the court by collecting all the documentations. The lawyer proved full unwillingness of the plaintiffs to deal with the problem outside the court which suggests that they just tried to unlawfully claim someone else’s property they never owned.

During the court session the city council representative have emphasized that the citizen Y. does not violate any rights and interests of the community, and that only Chuguev city council can demand the demolition of the house situated on its land.

Thus, the court decided that the plaintiff has requested the demolition of neighboring house, while being neither owner nor the person who uses the land in question, and rejected the claim. The court of appeal of Kharkiv region upheld this decision.

Additional Information: Community Law Center in Chuguev was established with the support of the International “Renaissance” Foundation within the framework of “Legal empowerment of the poor Initiative” and is administrated by the Chuguev human rights group. You can learn more on the Centers network activities, basics and principles of work here: www.legalspace.org

Edited by Kherson regional Charity and Health Foundation fmz sm

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