Our lawyers fought the case in which protected the rights and interests of an individual whose rights have been violated by the illegal establishment of the owners of the adjacent walls of premises in an apartment building.

Pretrial order through negotiations failed to resolve the conflict.

During considering was formed the legal position about illegal redevelopment which causes interfering in the use of joint property (stairs) in the house.

In accordance with the second part of Article 386 of the Civil Code the owner who has reason to believe in possibility of a violation of his property rights by any other person may apply to the court and ask to ban of acts that may violate his right or with the requirement of having committed certain actions to prevent such a breach .

For the purposes of Article 391 of the Civil Code the property owner has the right to demand the removal of obstacles to the exercise of the right to use and dispose of their property.

In revising case local court made a decision, which agreed by the court of third instance, in which he had come to the reasonable conclusion that the redevelopment of the input vestibule of the house was carried out without complying with the legal order and does not meet the standards in the field of urban planning legislation, resulting in a violation of the rights and interests of the plaintiff, because it caused blocking of the entrance to the stairs which leads to her ownership in non-residential premises.

Link to the decision of the Supreme Court of Ukraine

http://www.reyestr.court.gov.ua/Review/58275275