"КНИЖКОВЕ" ВОЛОДІННЯ ЗЕМЕЛЬНОЮ ДІЛЯНКОЮ ТА ЙОГО ЗАХИСТ

One of the most important characteristic features of a land parcel as an object of property titles is the specifics of possession. Nowadays such possession is usually done through making title to land public by entries in a public registry. Mentioning property title directly in the law can be also considered as a record of title. At the same time, it is obvious that it is not enough to make the title public, it is also necessary to somehow identify the land parcel itself. The aim of the article is to establish the legal nature of the land parcel description as a part of title registration, and to identify the proper remedies in various cases of possession by record violations. The author argues that the protection of the owner deprived of his or her possession should be done by means of actio vindicatio. There is no theoretical basis for introduction of additional or specific remedies, in particular, the remedies of "annulment of state registration of land parcels", "rendering title documents invalid", "termination of rights in land" etc. The claim to establish a boundary has specific legal nature and can be identified as actio finium regundorum which was already known at the time of Ancient Rome as a specific in rem remedy. The specific features of land parcels as immovable objects can create situations when land parcel can be in simultaneous conflicting possession of two and more persons (including situations when titles are "recorded" by a reference in the law). Such violations should be regarded as lasting and can be remedies through actio vindicatio. [ABSTRACT FROM AUTHOR]