Main points
- Lawyer Artem Ripenko explains that neighbors can change the boundaries of plots by mutual consent, but this depends on the ownership and consent of the parties.
- To officially change the boundaries, land management documentation, notarization, and registration of rights in the state register are required.
Changing the boundaries of the plot / Photo Pixabay
Often in the field of land use, there are cases when neighbors decide to change the boundaries of their land plots. However, not everyone knows whether this is allowed under Ukrainian law.
Is it possible to change the boundaries of plots arbitrarily?
Lawyer Artem Ripenko said in a commentary for Channel 24 that for a land lawyer, there can be quite a few answers to the question “can neighbors change the boundaries of their adjacent plots by mutual consent?” According to him, they will depend on the right (ownership, use) of the plots to which the “neighbors” belong, who these neighbors are, and what their “consent” consists of.
However, the specialist tried to give examples of the most typical situations that may arise in practice.
Artem Ripenko
Doctor of Law, attorney, partner of the Law Firm “De-Jure”
Thus, if neighbors are owners of adjacent plots, indeed, the so-called actual boundaries (fence, other structure, green fence, etc.) can be determined, as well as changed and moved with their consent in the order of good neighborly relations. Such relations are regulated by the norms of Chapter 17 of the Land Code. The form of the necessary “consent” is not defined by law, therefore it would be appropriate to conclude an agreement in simple written form, preferably also with annexes in the form of relevant plans.
However, the lawyer noted that one must understand the following: if the actual boundaries of neighbors' plots do not coincide with the boundaries specified in the documents, over time difficulties may arise, which may end in a dispute in court with the conduct of a judicial land examination, etc.
How to change the boundaries of documents?
If neighboring owners need to change the boundaries of the land plots themselves according to documents, there are several mechanisms, including:
- alienation of part of the land plot in favor of a neighbor
- or transferring it for use, in particular by establishing a land easement .
Such measures already involve the development of relevant land management documentation, and may also require notarization and registration of rights in the state register,
– notes Artem Ripenko.
Please note! The lawyer emphasizes that when comparing the “simplified” good-neighbor order and the “full-fledged” one, in many cases the latter should be preferred. Despite certain additional costs, neighbors who want to “move” the border of a neighboring plot with the neighbor's consent still receive full-fledged documents, which will be more difficult to challenge in court.
How to privatize land in a cooperative or garden society?
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To privatize land in a cooperative, you must be a member of a horticultural society or have documents for actual use of the plot.
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It is necessary to collect an application, a certificate of membership, a cadastral plan, an extract from the land register, and submit documents to the local council to register ownership.