How to protect land from seizure by raiders?

22.11.2010 10:43
How to protect land from seizure by raiders? Medium-sized business that exists in the form of open joint-stock company (JSC), a priori at risk of raider attacks by buying shares and thereby acquire rights to manage the JSC.

Small business is there, usually in the form of an LLC or PE and the least prone to raiding through substantial ownership of corporate rights, made illegal.

To detractors remains only one way - the seizure of land or property of private enterprise with the classical form of raiding - physical (building someone else's land) or legal (through administrative and judicial decisions), writes status.

Risk Groups

Land has always been a tasty morsel for the Raiders, especially on the economic recession. "Today, no one paid much attention to the corporate conflict or dispute over land - all are waiting to resolve crises in the country - said Zaire Yusupov, deputy director of" The Aegis Company. - Another factor contributing to the activation of the Raiders, is a weakening of the economic entity - the rightful owners of land or businesses renting land. After all, easier to take away land from companies with weak "immune".

This can take as competing firms, and other structures, earning money to hostile takeovers - raiders, whose targets are often small and midsize businesses. According to Lyudmila Yarmak, lawyer, director of communications of the "effective solutions", there is a so-called method of double state certificate, as defined by bribing officials in the same plot of land is made two state certificate (this document gives the right to sell land or transfer it to the mortgage).

There is litigation involving multiple victims or the court filed a claim for recognition of the current state certificate of land invalid. As a result of the proceedings the court may impose a veto on the disposition and use of this land - 99% of exactly what happens. In the course of litigation, the land is frozen for several years. Another variant of the seizure of land - the bankruptcy of the enterprise. Through bankruptcy plot forced sale in order to fulfill any obligation.

Another option - the recognition of property rights over another person. This tool is most often used by raiders, since it is implemented at the local level, "back" number based on the institution of acquisitive prescription.

Thus, according to Art. 119 of the Land Code of Ukraine, citizens who in good faith, openly and continuously used land for 15 years, but do not have documents proving the existence of the rights to it, may apply to transfer its ownership or provision for use.

However, for example, a week before the scheduled receipt of an entrepreneur ground state certificate can simply "grab" - the local council will make a decision recognizing the right of ownership of the land for another person by prescription to use it.

A lot of sites purchased or leased for further development, are now idle. Usually at local government level, that is, city council, decisions governing the terms of the beginning of construction if the site was identified in the lease. This rate is also prescribed in the contract of employment land.

"Construction should start within the time stipulated by the project documentation and permission to start work. These terms can be renewed, and is unlikely to be so easy on this basis to deprive anyone of rights to land, resulting in rent, not to mention the land in property, "- said Rostislav Kravets, Counsel LLC Olga Demchenko and Partners . However, there are other legal provision - mandatory use of the site for its intended purpose. The main threat lies in the fact that the fact that misuse of land raiders to help lobby the decision to take part.

Paper loophole

Rostislav Kravets advice before purchasing the site in the first place to check legal documents for him to find out in the management of land resources, there is a dispute relating to the rights to this site. Learn from the chairman of the local council, did not address whether any such statements to him. In turn, Zaire Yusupov recommends to put detailed information about the "history" of the earth: how often the site was sold, how much time has passed since the last sale, whether there are primary documents of the local council for its selection, whether state certif, when and by whom it was issued, and so d. Any documentary mistake can always use the raiders.

Schemes used by raiders to capture land, often quite legitimate. Therefore, to protect your site from a raider attack can be through the proper legal registration of the transaction - notarized contract, register it in the local council, to take from the previous owner a receipt for the money, in time to renew the state certif.

Another way to escape from the raiders - to lay the land under any, can be a formal commitment, for example, obtain a mortgage with a related firm, pointing out that without her consent to dispose of the land can not. If the raider attack on the land still occurred, as a rule, do anything, it is often too late.

The only hope for the gaps in the scheme of the raider. Experts recommend writing a statement to law enforcement agencies with the requirement to check the legality of decisions taken, immediately contact an attorney to prepare and to challenge in court a change of ownership. "If litigation has already begun on the ground, you need to immediately file a countersuit in order to protect themselves akin to asking the firm to file a lawsuit on his own company, a moratorium on the same plot of land to make two parallel judicial process. Then the court will find it difficult to make an unambiguous decision is not in your favor, - advises Mr. Yusupov.

You can also contact the firm for economic security, which provides services to protect against raiders. Professionals need to find strengths and weaknesses of the Raiders, to analyze the seizure.

"We need to apply countermeasures to the raider himself was the object of powerful information, legal, strategically and tactically prepared for a counterattack. The end result of such work will be criminal charges against individuals involved in various stages of the raider seizure of land. This is the ideal, - says Mr. Yusupov. - But in practice are such that when the raider feels the seriousness of the impending consequences for him, he abandons the trapped area and go to the world. As a result of land will be returned and the legitimate owner forever remember a simple truth - "For the safety of either pay or pay."

The essence of salvation from illegal acquisitions - recognition of the illegality of specific actions, including court decisions that led to this seizure. It means to long-term war to abolish the relevant orders to officials and court decisions in higher courts. "The legislator, though provides procedures for such appeals (for this there is civil procedure and utility Procedural Code), but in practice it is stretched on for months and even years. Attract the same accountability for such illegal actions or decisions of officials is practically impossible, "- says Lyudmila Yarmak.
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