How to Register Land Rights Acquired Before 2013: What Owners Need to Know
State registration of rights to land plots, the real rights to which were acquired before January 1, 2013, is carried out according to special rules defined by Article 29 of the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances." The specifics of this procedure were reported by the Registration Department of the Central Interregional Department of the Ministry of Justice.
When State Registration of Ownership Rights Is Possible
If ownership rights to a land plot were acquired and formalized before January 1, 2013, state registration is carried out provided that information about the land plot is contained in the State Land Cadastre.
If the right was acquired as a result of its transfer but was not formalized before January 1, 2013, it is necessary to establish the fact of the transfer of the right from a person whose information is contained in the cadastre to the applicant.
A separate procedure is defined for land plots granted by decision of a state authority or local government but not formalized. In this case, state registration is possible if there is no information in the cadastre about the real rights of other persons.
How Co-owners' Rights Are Registered
During the state registration of joint ownership rights concerning one of the co-owners, the state registrar simultaneously transfers information about all other co-owners from the State Land Cadastre, if such data is available there.
Such transfer is carried out only if there is no information about the transfer of co-owners' rights to third parties.
By the same principle, information about other real rights derived from ownership rights, including lease rights, emphyteusis, superficies, and others, is transferred.
Registration of Lease and Other Real Rights
Registration of real rights, encumbrances, and changes to them, including changes in the lease term, which were acquired and formalized before January 1, 2013, is carried out simultaneously with the state registration of ownership rights if they are not yet registered.
If the term of a real right, including lease, was acquired but not formalized before this date, its change is carried out according to the general rules of state registration of leases provided there are no other registered derivative rights. The term is calculated from the date of the relevant contract.
Required Documents
For rights formalized before January 1, 2013, it is not necessary to submit the original title document if the relevant information is already contained in the State Land Cadastre, as well as documents that certified the right according to the legislation in force at the time of its occurrence.
For state registration of ownership rights or the right of permanent use of a land plot transferred from state or communal ownership, it is necessary to submit the relevant decision of the authority or approved land management documentation.
Features of Servitude and Other Rights Registration
A servitude on part of a land plot can be registered only if information about its boundaries is available in the State Land Cadastre.
Registration of lease rights, emphyteusis, or superficies acquired through alienation, court decision, inheritance, or compulsory enforcement is carried out based on documents provided for by Article 27 of the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances."
Registration of Preemptive Right to Purchase Land
The preemptive right to purchase agricultural land is registered only regarding the right transferred by a written agreement and if there is an open section in the State Register of Property Rights. For the lessee, a registered lease right is also a mandatory condition.
Registration of the intention to sell agricultural land is carried out based on a draft purchase and sale agreement.
Features for Farming Enterprises
Rights to land plots of a farming enterprise during the creation of a legal entity are registered based on documents issued in the name of the founder or a member of the farming enterprise.
If a land plot is entered in the Register of Agricultural Notes as the place of cultivation of pledged products, for state registration of its alienation, lease or sublease, as well as termination of the respective agreements, the creditor's permission under the agricultural note must be submitted.
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