Recognition of Property Rights Under Martial Law: How Can You Prove Your Rights If Your Documents Are Lost?

The war has resulted in thousands of Ukrainians losing not only their homes or other real estate, but also the documents proving their ownership rights. These documents may have been destroyed during shelling, left behind in temporarily occupied territory, or lost during evacuation.

However, The absence of title documents does not imply a loss of ownership. If you legally own your property, this right can be confirmed. The key is to choose the right legal strategy and avoid procedural errors.

Experts AXELLEGAL They help clients establish ownership, restore documents, and represent their interests both before government agencies and in court.

Is ownership lost along with the documents?

No.

A title document merely confirms an existing right of ownership. The right itself arises on the basis of legal facts defined by law, not because of the existence of a paper document.

However, in practice, the lack of documents significantly complicates:

• real estate sales;
• inheritance proceedings;
• receiving compensation for destroyed housing;
• registration of ownership;
• entering into contracts;
• Protection of property in the event of a dispute.

That is precisely why establishing ownership becomes a top priority.

How can I prove ownership without going to court?

In many cases, legal proceedings are not necessary at all.

If the title has already been registered in State Register of Real Property Rights, this can be verified by obtaining an extract or an information report.

It's possible:

• through a notary;
• at the Administrative Services Center (ASC);
• through the Ministry of Justice's online services;
• through the app or the "Diya" portal.

This method is the fastest and least expensive, since the information regarding the right is already contained in the state registry.

When is an out-of-court settlement not possible?

Problems arise when information about ownership not entered in the State Register of Property Rights.

Most often, this applies to real estate for which title was registered before 2013.

In such a situation, a state registrar or notary may register the right only if a document establishing the right is presented.

But if the document:

• lost;
• destroyed during combat operations;
• remained in the temporarily occupied territory;
• It is not possible to obtain a duplicate of it,

It becomes virtually impossible to confirm a right through an out-of-court procedure.

That is when it becomes necessary to go to court.

Don't rush to file a lawsuit

One of the most common mistakes is filing a lawsuit without first attempting to recover the documents.

In practice, this significantly reduces the chances of a successful outcome in the case.

The court will determine whether the owner has indeed exhausted all possible out-of-court means of establishing his or her right.

In particular, it is important to confirm that a request has been submitted to:

• archival institutions;
• BTI;
• local government bodies;
• state registrar;
• notary;
• other competent authorities.

Official responses stating that a document cannot be restored or that a duplicate cannot be issued constitute important evidence in the case.

AXELLEGAL’s attorneys help you assess the situation before going to court, determine the best course of action, and gather the necessary evidence. This helps you avoid wasting time and increases your chances of successfully defending your rights.

When can a court recognize ownership?

If it is not possible to restore the documents by other means, the law allows a person to file a lawsuit in court to have their ownership rights recognized.

Case law from recent years confirms that this defense is effective if the plaintiff proves:

• ownership;
• loss of title documents;
• the inability to obtain duplicates of them;
• the use of all out-of-court methods of establishing a right.

However, the court's decision does not create a new property right, but merely confirms an existing one.

What evidence needs to be prepared?

To ensure a successful outcome of the case, it is important to gather a solid body of evidence.

Depending on the specific situation, the following may be required:

• responses from archival institutions;
• BTI certificates;
• official denials by government agencies;
• documents proving that it is impossible to obtain a duplicate;
• technical documentation;
• documents related to the acquisition of property;
• testimony from other individuals;
• other evidence supporting ownership.

A properly prepared set of documents significantly improves the chances of a favorable court ruling.

The main mistake that can make a defense impossible

There is an important detail that not everyone is aware of.

A lawsuit to establish ownership is effective only if the real estate has not yet been registered under another person's name.

If the right has already been registered in another person’s name, a completely different form of legal remedy becomes available—recovery of property from another person’s unlawful possession (action for recovery of property).

That is precisely why it is necessary to conduct a professional legal analysis of the situation before choosing a method of protection.

How does AXELLEGAL help establish ownership?

Lawyers AXELLEGAL They assist clients at every stage of resolving such disputes.

Our services include:

• legal analysis of the situation;
• verification of information in government registries;
• assistance in replacing documents;
• preparing requests to archives, the Bureau of Technical Inventory (BTI), the Center for Administrative Services (CAS), and other agencies;
• building a body of evidence;
• preparation of a complaint;
• representation in court;
• Assistance with the state registration of the right following the issuance of a court decision.

We develop a customized strategy for each client and draw on current case law to defend their interests as effectively as possible.

FAQ

Does the loss of documents mean the loss of ownership?

No. Ownership is not terminated simply because the documents have been lost. Documents confirm the right, but they do not create it.

Is it possible to establish a legal right without going to court?

That is, if the information regarding the right has already been entered into the State Register of Real Rights to Real Property.

Can I file a lawsuit right away?

This is not recommended. You should first exhaust all possible out-of-court methods of recovering the documents or confirming ownership.

Why Should You Consult a Lawyer?

Every situation is unique. A lawyer can help you determine the best course of action, gather the necessary evidence, avoid procedural errors, and effectively represent your interests.

AXELLEGAL — Professional Protection of Property Rights, Even in the Most Complex Situations

The loss of documents due to the war does not mean you have lost your property. However, to regain full control over your real estate, it is important to act in accordance with the law and choose the right means of protection.

Team. AXELLEGAL has practical experience handling cases involving the recognition of property rights, the restoration of title documents, and representing clients’ interests in court. We will help you assess the prospects of your case, prepare all necessary documents, and provide comprehensive legal support until a favorable outcome is achieved.

Have you lost your real estate documents or are you unable to prove your ownership? Contact AXELLEGAL Starting today—we'll help protect your property and your legal rights.