SC Grand Chamber Determined Jurisdiction of Disputes on Contiguous Land Possession

Plaintiff applied to administrative court with a claim to the State Service of Ukraine for Geodesy, Cartography & Cadastre. Upon this claim he requested to recognize as unlawful the inactivity of the defendant as for recording statement on a land parcel used by the plaintiff into the State Land Cadastre, to oblige the defendant to perform relevant actions, as well as to cancel the state registration of this land parcel, since an LLC was recognized as its land-user.

While solving the issue of jurisdictional affiliation of the dispute, the Grand Chamber of the Supreme Court took into account the following. The plaintiff’s application to the administrative court was attributable to the fact that borders of the registered LLC’s land parcel overlapped on the plaintiff’s land parcel, on which uninhabited premises owned by the plaintiff were situated; therefore, there was a private-legal interest, to protect which one, basically, the application was submitted to court requesting to cancel the state registration of the land parcel for third person.

Since, a third person had been entitled with proprietary right on the grounds of the public body’s actions regarding the state registration of the land parcel, the lawfulness of which one’s acquisition was appealed by the plaintiff, this dispute concerns legal-private relations and shall be considered in administrative judicial procedure.

Follow the link to see the full text of the resolution of the Grand Chamber of the Supreme Court of 11 September 2019 in the case No. 826/5562/17 (proceedings No. 11-34апп19): http://www.reyestr.court.gov.ua/Review/84975977.