How to Register the Right to Lease Land Included in an Inheritance and Managed by a Local Authority

The State Registration Department of the Khmelnytskyi Interregional Department of the Ministry of Justice has clarified the state registration of the right to lease land plots that are part of an inheritance and are managed by a local self-government body.

"The inheritance process can take years for heirs, particularly when there are disputes between them, a need to establish legal facts, judicial appeals, or other complicating factors. There are also instances where no heirs exist.

Meanwhile, land plots included in an inheritance require proper management and rational use even before ownership rights are formalised," the agency noted.

According to part five of Article 4 of the Law of Ukraine "On Land Lease," if there are no heirs by will or by law, or if they are removed from inheritance rights, do not accept the inheritance, or refuse to accept it after six months from the date the inheritance is opened, the lessor of a land plot included in the inheritance is the person managing the inheritance.

Article 1285 of the Civil Code of Ukraine stipulates that in the absence of heirs or an executor of the will, the village, settlement, or city council where the land plot is located is the body that manages the inheritance, which includes the land plot.

Article 30-1 of the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances" states that a local self-government body may decide to lease a land plot included in an inheritance and managed by that body, even if the territorial community's ownership rights to the land plot are not yet registered in the State Register of Rights.

State registration of the right to lease a land plot included in an inheritance and transferred for management is carried out in a special section of the State Register of Rights, without state registration of ownership rights by the person managing the inheritance, unless ownership rights to such a land plot are already registered in the State Register of Rights.

When an heir or territorial community registers ownership rights to such a land plot, records of encumbrances are transferred to the corresponding section of the open part of the State Register of Rights.

State registration of the termination of the right to lease a land plot included in an inheritance and managed by a local self-government body is carried out simultaneously with the state registration of ownership rights to the respective land plot, without the need for applicants to submit a separate application.

It is important to remember the main rules for concluding land lease agreements (Articles 15, 19 of the Law of Ukraine "On Land Lease").

The essential terms of a land lease agreement are:

• the lease object (cadastral number, location, and size of the land plot);

• the date of conclusion and term of the lease agreement;

• rent payment, specifying its amount, indexation, method and conditions of payment, terms, procedure for payment and revision, and liability for non-payment.

By agreement of the parties, other conditions may be specified in the land lease agreement.

The term of the land lease agreement is determined by agreement of the parties but cannot exceed 50 years.

The expiration date of the lease agreement is calculated from the date of its conclusion.

The right to lease a land plot arises from the moment of state registration of such right.

When leasing agricultural land plots for commercial agricultural production, farming, or personal farming, the lease term is determined by agreement of the parties but cannot be less than 7 years. However, if the owner of the land plot appears before the minimum seven-year term expires, the lease right will be terminated according to the law.

Please note that the term for state registration of the lease right is generally 5 working days, and the administrative fee is 170 UAH.

Subscribe to our Telegram channel t.me/sudua, follow SUD.UA on Google News , and join us on VIBER, WhatsApp, Facebook and on Instagram to stay informed about the important events.