Termination of land property right in Ukraine
The grounds for termination of land property right are the following:
a) voluntary waiver of an owner of the interest in land;
Waiver procedure includes:
- obtainment of consent of the state executive and local government authorities to take ground areas into ownership;
- drafting and conclusion of an agreement on transfer of a ground area into state or municipality ownership;
- certification of concluded agreement by a notary and the state registration thereof.
b) death of land owner in the absence of heirs;
c) disposal of a ground area according to a decision of an owner;
d) collection of a ground area on demand of a creditor;
e) disposal of a ground area on grounds of social necessity and for social needs;
f ) seizure of property under the court’s decision;
g) non-disposal of ground areas by foreign and stateless persons within the designated period of time in cases provided by the legislation of Ukraine.
The grounds for termination of land usage right are the following:
a) voluntary waiver of land usage right;
The mechanism for voluntary waiver of permanent land usage right is provided by article 142 of the Land Code of Ukraine. As regards land lease right, according to article 31 of the Law of Ukraine on Land Lease, land lease contract, as a rule, can be dissolved only as a result of consent of parties. At the request of one of the parties, land lease contract can be dissolved under the court’s decision, according to the grounds provided by the law (in concrete article 32 of the Law of Ukraine on Land Lease) or a contract. The law establishes special rules of termination of land servitude, emphyteusis and superficies rights (articles 102, 1021 of the Land Code of Ukraine);
b) seizure of a ground area in cases provided by the Land Code of Ukraine (article 149 of the Land Code of Ukraine);
c) termination of activity of religious organizations, state or municipal companies, institutions and organizations;
d) usage of a ground area in a manner that contradicts environmental requirements;
e) usage of a ground area against a purpose thereof;
f ) regular non-payment of the land tax and lease payment;
Regular non-payment of the land tax can become a ground for coercive termination of the permanent land usage right through judicial procedure; regular non-payment of a lease payment can become a ground for termination of the tenant right;
g) acquisition by other person of the property right to a house, building or installation, located thereof;
h) usage of a ground area in a manner that contradicts the cultural heritage requirements.
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