Land Use Litigation in Georgia is one of the most active and complex areas of real estate law. Land represents a valuable asset, and conflicts regarding ownership, usage, and development rights frequently arise between owners, neighbors, and government bodies (City Hall, Public Registry). Such disputes may involve refusal of construction permits, changes in zoning status, land boundary overlaps, or illegal constructions. Specialized legal services are essential to protect property rights, preventing loss of asset value or restriction of its use.
What does Land Use Litigation service cover?
Lawyers on Legal.ge offer representation in courts and administrative bodies regarding the following issues:
- Appealing Administrative Acts: Challenging decisions of the Municipality or Architecture Service (e.g., refusal of building permit, construction suspension order) in higher administrative bodies and courts.
- Boundary Determination and Overlaps: Disputes with neighboring plots regarding boundary correctness and cadastral data overlaps.
- Zoning Disputes: Litigating the legality of the functional zone assigned to a land plot (e.g., recreational zone) and demanding its change.
- Easement (Servitude) Disputes: Obtaining or cancelling rights to use roads or utilities (servitudes) through court.
- Illegal Construction: Stopping or demolishing illegal construction by a third party (neighbor) that infringes on your rights (e.g., blocking view, violation of insolation).
- Change of Land Status: Appealing refusals related to changing the status of agricultural land to non-agricultural.
Common scenarios when you need this service
Legal intervention is critical when:
- City Hall groundlessly refuses a building permit or issuance of Land Use Terms (GAP).
- A neighbor has built a fence or structure that encroaches on your territory.
- Your plot has been seized or restricted due to a non-existent obligation or error.
- The state has expropriated your land with inadequate compensation.
- The Public Registry suspends registration due to overlaps or documentary deficiencies.
Georgian Legislation and Regulations
Land disputes are regulated by the Civil Code of Georgia (Property Law), the General Administrative Code of Georgia, and the Administrative Procedure Code. For disputes related to construction and zoning, the Code of Spatial Planning, Architecture and Construction Activities of Georgia is decisive. Court practice often relies on the constitutional principle of inviolability of property rights, although the balance between private and public interests is always determined individually.
Service Delivery Process
- Case Study: Analysis of documentation (extracts, cadastral survey drawings, administrative acts).
- Strategy Definition: Choosing the path for dispute resolution — administrative complaint or direct court action.
- Claim Preparation: Drafting a legally substantiated claim and gathering evidence (e.g., expert conclusions).
- Representation: Lawyer's participation in court hearings at all instances.
- Enforcement: Monitoring the actual execution of the court decision.
Why choose a specialist on Legal.ge?
Land disputes often last for years and require specific knowledge in both civil and administrative law. Legal.ge gives you access to experienced litigators who know how to protect your real estate and achieve the desired result within the bureaucratic labyrinth.
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