If anyone of you thinks that leasing a land plot under your own object of immovable property is easy and simple, I must assure you it is not at all so, says the Managing Partner of the Rezultat law firm Maxim Polishkevych. The situation, described by the lawyer, is close and familiar to many entrepreneurs of the city of Cherkasy.
Recently, I’ve talked to a familiar businessman, and in conversation, there again came up the problem of land management documentation procedures. It turned out that a few years ago, my friend bought a small store, the land plot under which had been leased to the previous owner for 49 years. And for several years now, there has been an ongoing re-execution of the lease agreement from the previous shop owner to the new one: first, the owner had to wait for a very long time for permission to develop the land management documentation, and now, I’m sure, he would have wait as long for its approval. Only after two sessions of the Cherkasy City Council, my friend will be able to conclude a land plot lease agreement, despite the fact that neither the plot’s purpose, nor its area, no configuration is changed.
The Third Case. Leasing a Land Plot under Real Estate
According to the prescriptions of articles 123, 124, 134 of the Land Code of Ukraine, granting the right to use the land, registered in the State land cadaster in accordance with the law of Ukraine “On the State Land Cadaster,” the ownership of which is registered in the State Register of Rights to Real Property, without changing its boundaries and purpose is carried out without preparing land management documentation.
In practice, this means that by acquiring the property, the land lease right under which belonged to the previous owner, you should check whether the property rights to this land plot have been entered into the Register of Proprietary Rights. If so, then you can safely apply to the City Council with a land lease request. No documentation on land management is required here. Knowing the current legislation norms, entrepreneurs may well reasonably demand acceleration of the process of land lease agreement re-execution. Actually, the City Council itself should be interested in this, as obtaining funds from rent payment is an essential item of local budget revenues.
Reed more: How to Get a Land Plot Without the City Council. Part Two.
Reed more: How to get a land plot without the City Council. Part one.
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