Published on 20 December 2021
FIFTH SECTION
Application no. 27876/14
Andriy Boryslavovych VELYCHKO
against Ukraine
lodged on 1 April 2014
communicated on 1 December 2021
SUBJECT MATTER OF THE CASE
In the proceedings concerning a civil dispute between neighbours regarding access to their houses, on 10 October 2013 the Lviv Regional Court of Appeal annulled the applicant’s title to a plot of land, on which his house stood, for the reason that part of that land was actually a path giving access to his neighbour’s house and thus should not have been allocated to the applicant. On 1 November 2013 the Higher Specialised Court of Civil and Criminal Matters dismissed the applicant’s appeal on points of law. He complains under Article 1 of Protocol No. 1 that the decision depriving him of his title to the entire plot of land in question, although only part of it concerned the disputed access to the houses, was unlawful and disproportionate.
QUESTIONS TO THE PARTIES
1. Has the applicant been deprived of his possessions in the public interest, in accordance with the conditions provided for by law and in accordance with the principles of international law, within the meaning of Article 1 of Protocol No. 1?
2. If so, was that deprivation necessary to control the use of property in accordance with the general interest?