The legalization of arbitrarily occupied land stands as a pertinent issue in Georgia, representing a significant challenge over the years. Frequently, citizens attempt to expand their homestead territories or appropriate state-owned lands without holding legal title. This process is accompanied by specific legal regulations and procedures, adherence to which is mandatory for the legalization of the land.

What Constitutes Arbitrarily Occupied Land?

Land is considered arbitrarily occupied if it is a land plot owned by the State or a Municipality, over which a person exercises factual possession without a legislative basis.

What is the Legal Basis for Land Legalization?

The process of legalizing arbitrarily occupied land is regulated by the Law of Georgia on "Recognition of Property Rights on Land Plots Owned by the State" (2007). It is imperative that:

• The land must have been utilized prior to January 1, 2007;

• The land must not fall under a category exempt from property registration (e.g., protected areas, cattle drive routes, forest parks, etc.);

• The land plot must be designated for agricultural or homestead purposes.

Who Can Be an Interested Party?

A request for land registration may be filed by:

• The personally interested party who arbitrarily occupied the land;

• The heirs or successors of such person who continue the factual use of the land. 

Methods for Land Registration

1. Existence of a Structure (Prior to 2007): If a residential or non-residential structure (whether constructed, under construction, or demolished) was located on the land plot prior to January 1, 2007, this may serve as grounds for the registration of property rights.

2. Annexation to an Existing Plot: If the land was annexed (attached) to a plot already in your ownership prior to 2007 and you continue to utilize this territory to date, you may request registration.

Required Documentation

• Application submitted to the National Agency of Public Registry (NAPR);

• Identity document (ID);

• Evidence confirming the use/possession of the land plot (tax receipts, photographs, witness testimonies, etc.);

• Documents confirming the existence of the building/structure (technical drawings, building permits, or other factual evidence).

Registration Procedure

• Submission of an application to the National Agency of Public Registry;

• Review of the application and examination of factual circumstances;

• Submission of additional evidence, if necessary;

• Issuance of a decision and registration of the property right.

Grounds for Refusal of Registration

Recognition of property rights on a land plot is impossible if:

• The land belongs to objects of state importance (recreational zones, protected areas);

• The land is utilized for public necessity;

• The land is included in the State Reserve Fund.

Conclusion

The legalization of arbitrarily occupied land is available solely to those individuals who utilized the land prior to 2007 and satisfy the conditions stipulated by law. The process requires the submission of relevant evidence and filing an application with the Public Registry.