5 March 2019
Drozdova & Partners Law Firm succeed in division in kind of shared, part-owned property on client’s terms
When heirs have failed to reach an agreement on how to allocate in kind among them a building and a land plot (and, accordingly, failed to enter into an agreement for the distribution of the shared, part-owned property in accordance with Article 367 of the Ukrainian Civil Code), they brought the matter into court. The trial lasted for four years.
The Ivano-Frankivsk Court of Appeal ultimately decided the dispute and granted a judgment to the plaintiff. Advocate Taras Hereliuk represented the former in court.
‘We asked that court divide in king non-residential premises and the land plot, and pass the title to separate property to the client and recognize the client’s right thereto,’ he points out. ‘However, the first-level judgment was unacceptable to us.’
Initially, based on the findings of an expert examination, the court granted judgment to the other party who sought that a separate exit to the main street should be preserved after the division. That condition was of fundamental importance as the doing of business on the premises was at stake.
‘In our appeal, we proceeded on the premise that the district court’s judgment disregarded the State Construction Rules and the Fire Regulations, as the division granted provided for alteration of supporting walls that could ultimately damage the building overwhelmingly,’ Mr Hereliuk comments on the legal reasoning.
Having heard from the parties, the Ivano-Frankivsk Court of Appeal granted the claimant’s appeal, reversed the district court’s judgment, and issued a new decision separating in kind certain real property items from the shared, part-owned property subject to aliquot shares as the client of Drozdova & Partners Law Firm demanded.