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Kydalov & Partners

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“Lost” property

At the first glance, the question itself seems to be a little bit absurd: how can you lose the property? But the reality is often such that absurdity can become true

For example many Ukrainian citizens go to work abroad, some stay there for a very long time. At the time of departure few people think about who and how is going to manage their real estate in Ukraine, usually people end up handing over the keys to his family – mother, husband, wife, brother, adult children and so on. But in a few years when the owner comes back home he finds strangers in his apartment or house. Or growing family of relatives who do not want to leave the property of others. Moreover in some cases family members or tenants do not even let the owner in, collecting debt on utility bills (which are de-jure accumulated for the property owner), register the minor children in the flat, who are very difficult to write out then and as a result the parents of these children perform other manipulations on the acquisition property of the owner. At the same time the owner being in Ukraine only sometimes, is unable to resolve the situation in a short period of stay in the motherland. Also, the owner should not rely on the assistance of law enforcement officers that can “interpret” a situation as civil relations and therefore do nothing to help the owner.

Such situations are possible in cases where foreigners buy property in Ukraine for their children, but Ukrainian parent or guardian operates the property for their own interest and not in the interests of the child. In this case the rights of not only and not so much the owner of the property is violated as his child’s, who cannot protect himself that is particularly cynical.

The complexity of the protection of property rights in such cases is that the “users” of the real estate often have certain property rights (the right to use for legitimate reasons – rent, the right to live with their children, as well as the fact of registration is treated as a property right of use) and therefore any dispute in this case can only be finally resolved by the court. But the owner, who has resided abroad or foreigner cannot reside in Ukraine and defend their interests in the courts and other state bodies. As the result the problem takes a back seat again, “invaders” continue to use other people’s property, seeing the arrival of the owner just as a temporary inconvenience. The next visit of the owner looks 100% the same.

The only way out of this situation for the owner can be an authorized person to represent his interests in Ukraine and the development of an effective strategy to protect the interests. The owner always has the right to decide whether or not to expel the “invaders” of the real estate, sell his property or settle the controversial situation by the lease agreement and receive regular income from his property. However in any case the owner should take steps to protect their rights.

Author: Kydalov Igor

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Kydalov & Partners
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Publication Date: 13.08.2013
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