Obtaining ownership of unlawfully occupied or used land: what to do under Georgian law

What to do

1. First, the exclusions: common-use land (streets, roads, driveways, embankments) is not recognised, nor are forests, the water fund, pastures or parks (Law on Recognition of Ownership Rights to Land, Art. 3). Check first whether the plot lies by a road or river or in a forest.
2. Distinguish. Lawful possession: documents of lawful possession include a BTI technical inventory certificate, a household register extract, a gardener's booklet and land-reform lists (Procedure for Recognition, Art. 2). Land recorded in the technical inventory archive and occupied before 4 October 2004 also counts as lawful possession (Law on Recognition of Ownership Rights to Land, Art. 2). Lawfully held land is then transferred free of charge on application to the National Agency of Public Registry (Law on Recognition of Ownership Rights to Land, Art. 6). Otherwise it is unauthorised occupation: state land occupied before the law entered into force, with a building on it or adjoining one's own plot (Law on Recognition of Ownership Rights to Land, Art. 2). The area may not exceed 1.25 ha (5 ha in highland areas) (Law on Recognition of Ownership Rights to Land, Art. 2).
3. Where: a commission at the municipality (in Tbilisi, at the mayor's office) recognises unauthorised occupation (Law on Recognition of Ownership Rights to Land, Art. 4). In systematic registration zones, the National Agency of Public Registry does so (Law on Recognition of Ownership Rights to Land, Art. 4). Attach a cadastral survey drawing and evidence: unauthorised occupation is confirmed by orthophotos, utility subscription documents, receipts and notarised witness statements (Procedure for Recognition, Art. 2).
4. Cost: the fee is 20 times the land tax rate per square metre for non-agricultural land (not above the normative price), and 10 times the rate per hectare for agricultural land (Law on Recognition of Ownership Rights to Land, Art. 6). For socially vulnerable households with a score below 100,000, recognition is free of charge (Procedure for Recognition, Art. 4). Ownership is confirmed only after full payment (Procedure for Recognition, Art. 4).
5. Deadlines: the review period is 2 months, extendable by no more than 6 months (Procedure for Recognition, Art. 15). No decision within the period counts as a refusal (Procedure for Recognition, Art. 17). Appeal: a claim to court against a refusal must be filed within 1 month of notification or of the expiry of the period (Administrative Procedure Code of Georgia, Art. 22).
6. Where to apply: National Agency of Public Registry; municipal commission; court (administrative chamber).
7. Evidence: cadastral survey drawing; archive certificates; neighbours' testimony; documents of heirs.
8. Pitfalls: confusing lawful possession with unauthorised occupation, which leads to the wrong body and the wrong fee; waiting indefinitely for a decision, when silence means refusal; assuming that long use by itself makes you the owner.

Be sure to check

• lawful possession (free, through the registry) vs unauthorised occupation (commission, fee)
• conditions: occupation before the law entered into force, a building or an adjoining plot, maximum area, excluded land
• documents and evidence of possession, and the cadastral drawing
• review deadlines; silence means refusal; appeal to court