A man from Starychi village illegally built up the fence, which hinders neighbors to come to their houses
A woman from Starychi village (Lviv region) was forced to recover in court her right to walk along the road, which leads to her own house. Moreover, when the court stated to remove the fence from the road, the defendant continued to ignore the court decision. To get a free access to her yard the woman had to apply for help to CO “Community development”.
Stanislava Shyndyruk got the right of ownership for land area of 0.25 hectare at 25 Shkilna str., Yavorivsky district, Lviv region in 2008. Before this land and the house on it belonged to her mother, that is why, logically, the woman decided to privatize the territory. The house and land are situated in such a way so to get to them from central street you have to go through a narrow path along neighbors’ houses. Mrs Shyndyruk said she had never had problem to get to the house before, however in May 2011 Yuriy Khomenko, who bought the neighbor’s house, had blocked a walk to her house by building a fence on the land of general use.
Mrs. Shyndyruk appealed to the court to remove obstacles in using the land area she owns in September 2011. Iryna Dyakun, complainant’s lawyer, explained that in ownership act for land area dated year 2008 the road, which lead to the conflict between neighbors, is declared to be the land of general use. However, in Yuriy Khomenko’s privatization act dated year 2010, land delimitation was totally different. Directing the above document, Mr. Khomenko has joined the general use land to his own area and built up the fence.
“Stanislava Shyndyruk has won a few cases in courts of different instances. In December 2012 Lviv region Appeal Court has invalidated the Land ownership state act issued to Yuriy Khomenko in 2011 as illegal. The court decided to unbuild the fence that hinders Shyndyruk to use her land area. Mr. Khomenko has signed an act of state execution and voluntarily demounted the fence in December 2013. But six months later he renewed the fence, which means he intentionally does not fulfil the court decision”, – says Iryna Dyakun.
Today representatives of CO “Community development” has come to Yuriy and Lyudmyla Khomenko’s estate and required to restore Stanislava Shyndyruk’s violated rights and provide access to her land area. They asked violators to take the fence away but no one reacted. It turned out later that Khomenko family had left in the morning, so the activists took the fence and gates, which limited access to Stanislava Shyndyruk’s land area, away themselves.
Mr. Andriy Bolyubash, head of CO “Community development”, explained that there was no violation from the side of activists, conversely – they helped the woman to realize her rights. Since the fence and gates were installed on land that belongs to the community rather than an individual, they were just demounted. After the road was opened for driveway, Lyudmyla Khomenko has came home. The woman said that she owns the building and the land on which the fence was illegally installed, and activists caused her material damage. Mrs. Khomenko said she appealed to the police and asked to open criminal proceedings. “Shyndyruk has won a court where the party is my husband. However, I'm the owner of the house and defending my rights. I will go to court to defend my rights”, – said Lyudmyla Khomenko. She added that she reissued house ownership from her husband (who, incidentally, is a state official) to herself last year, when the conflict around the fence began. “There are all documents which certify that I am the owner of the house and have legal right to place any construction here”, – said Lyudmyla Khomenko, but she also advised to contact village council or prosecutor’s office on demand to show the above ownership documents. A lot of questions arise to village council but it refused to give any comments on the situation.
Surveyor, who was called to the place where they illegally installed a fence, ran away from the scene as soon as she was asked to tell how this situation arose. Village council promised to find a member of the land commission, which could explain something, however no one appeared. Looking at how confident Ms. Khomenko claims that she owns the land and does not want the road to come along her house, the fence can reappear.