Acquisition by prescription - how to lose ownership rights to housing.

In Khmelnytskyi, a woman lived in an apartment for over ten years, claiming that she had openly used it since 2009. She maintained the property in proper condition, made repairs, paid utility bills, and believed that she had every right to establish ownership through acquisition by prescription. However, the court had a different opinion.

The Khmelnytskyi District Court, and later the appellate court, denied her claim. The court found that the woman was aware of the existence of a legal owner, thus her possession was not in good faith. It was also not proven that the owner had permanently abandoned the property or had refused it in writing or publicly, which is a key point.

What is acquisition by prescription and when does it apply

The Civil Code of Ukraine provides for the possibility of recognizing ownership rights through so-called acquisition by prescription. This requires meeting several conditions: the presence of real estate, open and continuous possession, lack of legal grounds, absence of other claimants, good faith, and at least 10 years of possession.

What happened in Khmelnytskyi

The woman who lived in the apartment since 2009 filed a lawsuit, but her demands were not met. The court ruled that she did not possess the property in good faith and had no documentary evidence of ownership.

Why the plaintiff lost

The woman could not prove her good faith in possessing the property. It was also not confirmed that the owner had abandoned the property.

As a result of the court's decision, the woman lost her attempt to recognize ownership by acquisition due to the lack of documentary evidence and information about the owner's abandonment of the property.