“What is the minimum distance you can retreat from a dwelling house in the division of the land, privatized for two owners in joint ownership? I want to emphasize the physical share of joint ownership of land, but co-owner in common of our site have built their house (it is not yet registered) on our almost half of the site! What are the minimum margins from his house must be future to our borders?” — Nina Titenko, Kiev.
Meets Arsen Marinushkina, managing Director of AB “Arsene Marinushkina”:
“To delineate the boundary (border) between sites will still be not you, but the surveyors — those who have a lawful right to and owns all technical standards. Issues with land boundaries that are within the locality, and also with the rules of good neighborliness, decide the local authorities (village or town councils, the Executive committees of the districts). Problems of land located outside of settlements, are courts specialized in issues of land resources. Accordingly, you should apply to the local authority or the Department of land resources in your area.
Well, if their proposed division of land will suit you and the co-owner. But since the house is already built and, according to you, practically on your half size-fits-all options might not happen. If one of the parties not satisfied with the decision, it may file a lawsuit in a local court. However, in Ukraine it is not customary to bring to the solution of similar problems in different small and large instance, therefore, we cannot say for sure how well deal with them courts and authorities. Because of the legislative base in this sphere is underdeveloped, most likely, every official will interpret the law differently, as a result, you may not get the result which is expected.”