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Law on automatic transfer of ownership for land with buying real estate on it comes into force in Ukraine

Source : 112 Ukraine

The document establishes the "automaticity" of the transfer of the rights to use the land plot upon the transfer of ownership of the building located on it, the structure from the land user to the new owner of the property
10:20, 28 October 2021

Open source

Today, on October 28, the law "On Amendments to Certain Legislative Acts of Ukraine Concerning the Unified Legal Fate of the Land Plot and the Real Estate Object Located on It" came into force in Ukraine, which was adopted by Verkhovna Rada of on February 2.

The document establishes the "automaticity" of the transfer of the rights to use the land plot upon the transfer of ownership of the building located on it, the structure from the land user to the new owner of the property.

In particular, it is provided that in the case of acquisition on the basis of a transaction or by way of inheritance of ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of construction in progress located on a land plot of private property, the right of ownership such a land plot is simultaneously transferred from the previous owner of such objects to the acquirer of such objects, without changing its intended purpose.

In the case of acquiring a separate share in the right of common ownership of the property of a residential building (except for an apartment building), another building or structure, an object of construction in progress that is privately owned by its previous owner, the ownership of the land plot on which such an object is located is simultaneously transferred to the acquirer in proportion to his share in the common ownership of such an object, except for the case when the previous owner owned a share in the common ownership of a land plot in a different amount.

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If the previous owner in the right of common ownership of a residential building (except for an apartment building), another building or structure, an object of unfinished construction owned a share in the right of common ownership of a land plot in a different amount, the right of ownership is transferred to that amount.

In the case of acquiring ownership of an immovable property (residential building (except for an apartment building), another building or structure), an unfinished construction object located on a leased land plot, in use on the right of emphyteusis, superficies from the previous owner, to the acquirer at the same time the right to lease, emphyteusis, superficies of the land plot on which such an object is located, in the amount and on the terms established for the previous owner of such an object, passes, respectively.

In the above cases, documents confirming the acquisition of ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of construction in progress, is the basis for state registration of the transfer to the acquirer of ownership or use of the land plot on which such an object.

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In the case of acquiring a separate share in the right of common ownership of an immovable property (residential building (except for an apartment building), another building or structure), an object of unfinished construction, if such an object is located on a land plot that is in the use of the previous owner on the right of lease, emphyteusis, superficies, the acquirer has the right to demand amendments to the lease agreement, emphyteusis, superficies with the definition of his co-tenant (co-user) of the land plot, and before amendments are made to the corresponding contract, he is obliged to reimburse the tenant (user) part of the rent (payment for the use of the land plot) in proportion to it share in the ownership of such an object.

The procedure for the use of several tenants (land users) of a leased land plot (land plot in use on the right of emphyteusis, superficies) in this case is determined by an agreement concluded between them, or by a court decision.

 

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