A neighbour has encroached on part of my plot: how to establish the boundaries and reclaim the land

The unlawful occupation of part of a plot of land is remedied by means of a declaratory action under Article 391 of the Civil Code of Ukraine, to which the limitation period does not apply — a claim may be brought before the court even after 10 years. The boundaries are established by means of a cadastral survey, a deed of demarcation on the ground and a judicial land-technical expert assessment. The court fee for a non-property claim by a natural person in 2026 is 1,331.20 UAH.

A fence moved ‘half a metre’, a garage whose corner encroaches onto your property, or a ploughed strip running alongside your vegetable patch — boundary disputes start with small things and can make life miserable for years on end. Legally speaking, the situation is straightforward: there is an owner, there is an infringer, and there are legal remedies. The only question is whether your boundaries are correctly demarcated and whether you are prepared to see the process through to the end.

This article explains how to document an encroachment, where to turn—whether through the courts or otherwise—how much it costs, and why the biggest setbacks in boundary disputes often occur even before a claim is filed. If you need legal support, visit our services page: land law solicitor.

Step 1. Check what is recorded in the cadastre

The first thing a solicitor checks in a boundary dispute is not where the fence stands, but what is recorded in the State Land Cadastre. Open the Public Cadastral Map and check: does your plot have a cadastral number; have the boundary coordinates been entered; and does your neighbour’s plot overlap with yours as recorded in the cadastre itself?

The entire strategy depends on the answer:

• if the boundaries are recorded in the cadastre and the neighbour has simply moved the fence — this is the simplest case, a dispute over actual use;
• if the boundaries in the cadastre overlap — this is a dispute over a cadastral error; the documentation of one of the parties will need to be corrected;
• a plot without a cadastral number (old ‘state’ documentation from the 1990s) — first, land surveying and registration, then a dispute over boundaries.

Step 2. Document the infringement

The court will not accept statements such as ‘he took half a metre’. What counts are documents:

1. Cadastral survey and boundary demarcation report — a certified land surveyor sets boundary markers according to the coordinates from the cadastre and draws up a report. If your neighbour’s fence is found to be beyond the boundary markers on your side, this is the key piece of evidence. Cost: approximately 3,000–6,000 UAH; timeframe: 1–2 weeks.
2. Photographic evidence with reference to boundary markers and dates.
3. Application to the State Geocadastre — the inspectorate may draw up a report verifying compliance with land legislation and issue a notice to the offender. This is free of charge and adds an official document to the case, although it does not in itself return the land.

Step 3. Try to resolve the matter without going to court

A written claim to a neighbour, accompanied by a boundary demarcation report and a demand to move the fence within a specified timeframe, resolves approximately one in three disputes: when a person sees the coordinates and the report, there is nothing left to argue about. Land disputes concerning boundaries within built-up areas may also be considered by the local authority (Article 158 of the Land Code of Ukraine), but its decision is not enforceable; therefore, this stage serves more as a means of applying additional pressure and as a document for future court proceedings.

Step 4. Negatory action in court

The main legal instrument is an action to remove obstacles to the use of a plot of land (negatory action, Article 391 of the Civil Code of Ukraine): to demolish or relocate a fence, vacate an unauthorised occupation of the plot, and bring the boundary into line with the cadastral register. Two advantages worth noting:

• the limitation period does not apply — the infringement is ongoing, so the argument that ‘you’ve missed the three-year deadline’ does not hold here, even if the fence has been standing since 2015;
• the claim is non-pecuniary, so the court fee is a fixed amount — 1,331.20 UAH in 2026 (0.4 times the minimum subsistence level), rather than a percentage of the land’s value.

If a neighbour has managed to register a claim to the disputed strip, or if the boundaries overlap in the cadastral register, the claims must also include a request to declare the land management documentation invalid and to revoke the state registration — this complicates the case, but it remains winnable provided the evidence is sound.

Judicial land and technical expert assessment: decisive evidence

In disputed cases, the court orders a land and technical expert assessment: the expert superimposes the actual boundaries onto the cadastral coordinates and documentation of both parties and issues a report stating who has encroached onto whose land and to what extent. In practice, it is the expert’s report that decides the case. The approximate cost is 15,000–30,000 UAH (usually paid by the claimant; if the claim is successful, it is recovered from the defendant), and the process takes 2–4 months. Together with the proceedings at first instance, a boundary dispute takes 8–14 months.

Common mistakes made by property owners

• Moving the fence yourself ‘in retaliation’. This is a case of mirror-image arbitrariness: your neighbour will file a counterclaim, and the argument that ‘I was just restoring justice’ will not hold up in court.
• Going to court without having the boundary marked out on the ground. Without a survey report containing coordinates, the claim is based solely on verbal evidence, and the court will dismiss it for lack of proof.
• Ignoring a cadastral error. If the overlap exists in the cadastre itself, demanding that ‘the fence be moved’ will achieve nothing — the documentation must be corrected first.
• Missing the opportunity when a neighbour registers a claim to the disputed strip of land. Reclaiming the land after registration is more difficult and expensive than stopping the registration by raising objections.
• Demanding ‘punishment’ instead of ‘restitution’. A fine for unauthorised occupation (Article 53-1 of the Code of Administrative Offences) is a nice bonus, but only a negative claim can secure the return of the land.

When a solicitor is not needed

If the boundaries are entered in the cadastre, the boundary demarcation certificate is unambiguous, and the neighbour moves the fence following a claim — you can handle it yourself: a land surveyor plus a registered letter. You’ll need a solicitor if your neighbour ignores the documents, if the boundaries are being superimposed in the cadastre, if a permanent structure is already standing on the disputed strip, or if the title to it has already been registered.

Questions and answers

My neighbour has put up a fence on my plot. Where do I start?

By checking the Public Cadastral Map and commissioning a certified land surveyor to mark out the boundaries on site. The report containing the coordinates is the key document for both a claim and court proceedings.

The fence has been there for over 10 years. Is there anything I can do?

Yes. The limitation period does not apply to a negative declaration action (Article 391 of the Civil Code) because the infringement is ongoing. Long-term use does not make your neighbour the owner of your strip of land.

How much does it cost to reclaim the encroached part of the plot through the courts?

Court fees — 1,331.20 UAH (non-property claim, 2026), land survey and technical assessment — approximately 15,000–30,000 UAH, legal assistance — by agreement. If the case is won, the costs are recoverable from the defendant.

What is the marking of boundaries on the ground and who carries it out?

This involves placing boundary markers on the ground according to coordinates from the State Land Cadastre. It is carried out by a certified land surveyor, and the result is formalised in a certificate. Without this procedure, it is practically impossible to prove encroachment.

Can the village council resolve a boundary dispute?

Local authorities consider boundary disputes within settlements (Article 158 of the Land Code), but their decisions are not enforceable. If a neighbour disagrees, only a court can settle the matter.

The boundaries of our plots overlap in the cadastre itself. Who is to blame?

This is a cadastral error — usually the result of inaccurate documentation from one of the previous land-use planning processes. It is rectified through the courts: by having part of the documentation declared invalid and amending the cadastre. A land-technical expert assessment determines whose documentation is incorrect.

A neighbour has registered ownership of the disputed strip of land. Is all lost?

No, but the matter becomes more complicated: in addition to the claim for negative relief, you must also seek the cancellation of the registration and the declaration of the documentation as invalid. Such cases are won when your documentation is original and accurate.

What is the penalty for unauthorised occupation of a plot of land?

An administrative fine under Article 53-1 of the Code of Administrative Offences; in cases of significant damage, criminal liability may apply under Article 197-1 of the Criminal Code. However, the imposition of a fine does not restore ownership of the land — a civil claim is required for this.

How long does a boundary dispute case take in court?

Taking expert evidence into account — 8–14 months at first instance. Without expert evidence (where the encroachment is evident from the cadastral register) — 4–6 months. An appeal adds a further 3–6 months.

My plot does not have a cadastral number. Can I take legal action?

First, you will need to prepare technical documentation and register the plot in the cadastre – without defined coordinates, the court has nothing against which to compare the actual boundaries. This adds 2–4 months to the process, but without this step, the case has no chance of success.

Sources

• Civil Code of Ukraine, Article 391 — zakon.rada.gov.ua/laws/show/435-15
• Land Code of Ukraine, Articles 103, 106, 152, 158 — zakon.rada.gov.ua/laws/show/2768-14
• Code of Administrative Offences, Art. 53-1; Criminal Code of Ukraine, Art. 197-1 — zakon.rada.gov.ua
• Law of Ukraine ‘On Court Fees’ No. 3674-VI — zakon.rada.gov.ua/laws/show/3674-17

Recovery of seized land with the help of ‘Svarog’

Send us the cadastral number of the plot and a photo of the disputed boundary — we will check the cadastral data, organise the marking out of the boundaries on site and begin with a claim, which in a third of cases resolves the dispute without going to court. If court proceedings are unavoidable, we will support the case, including expert evidence, until the judgement is enforced. Related services: land law solicitor, legal representation, full price list.

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