The recognition of a right of property of an arbitrarily occupied/Lawful ownership of a land plot

The recognition of a right of property of an arbitrarily occupied/Lawful ownership of a land plot

• Ownership of arbitrarily occupied land is recognized by the Commission for Recognition of Ownership of Arbitrarily Occupied Land.
• Property recognition is recognized by the Recognition Commission when:

         A) A land plot in lawful ownership (use);

         B) Arbitrarily occupied land plot.

Recognition of ownership of a land plot in lawful ownership (use)

• A natural person or a legal entity under private law legally owns a plot of land if he or she owns the right of legal ownership with or without a building located on or on a plot of agricultural or non-agricultural land, or if he or she has arbitrarily occupied the land before October 4, 2004. Which is recorded in the Technical Accounting Archive.
• A person needs to address to the Recognition Commission on the recognition of ownership of legally owned land:

The document, which proves that he or she owns the land lawfully

1. Cadastral / measuring drawing of the land plot;
2. Proving document of payment of the recognition fee;
3. Applicant identification document.

• Land in legal ownership (use) is transferred to the ownership of a natural person free of charge, unless     the legality of land ownership is determined by the privatization document of the building located on that land.

Recognition of ownership of arbitrarily occupied land

• Land is arbitrarily occupied by a natural person when he / she occupies a state-owned agricultural or non-agricultural land plot, on which a house or a non-residential building is located; Also, arbitrarily occupied land adjacent to legally owned land is considered to be arbitrarily occupied, if their total area does not exceed 1.25 hectares in the bar, and 5 hectares in the highland region.
• A person needs to address the Recognition Commission for the Recognition of Arbitrarily Occupied Land:

1. Arbitrary detention document or witness testimony;
2. Cadastral / measuring drawing of the land plot;
3. Information required to determine the recognition fee;
4. Applicant identification document.

• The fee for recognizing the right of ownership on arbitrarily occupied land is determined as follows:

1. For a natural person is equal to ten times the annual rate of property tax on land per hectare of agricultural land at the time of the request for recognition, and twenty times the annual rate of property tax on land per square meter of non-agricultural land at the time of the request for recognition;
2. For a legal entity under private law, it shall be: for each square meter of non-agricultural land – the normative price of the relevant land at the time of the request, and for each hectare of agricultural land – the annual property tax rate established by the Government of Georgia at the time of the request for recognition;