Main points
- A vegetable garden can be privatized based on the length of time it has been used for at least 15 years, but is not privately owned by another person.
- During martial law, procedures are simplified, but for privatization it is necessary to collect evidence of use and contact a lawyer to prepare documents and submit an application to the local council or court.
How to design a garden / Photo Shutterstock
Often, Ukrainians use a vegetable garden near their house for many years and grow vegetables on the plot. However, not everyone thinks about the fact that this land is not legally registered and whether it can be registered.
How to privatize a vegetable garden and is it possible to do it now?
People who use a vegetable garden do not always know whether it can be privatized based on the length of time of use, the Land Fund of Ukraine reports. People are especially interested in the possibility of registration now, during the war.
According to experts, it is currently possible to formalize land, but there are nuances. First of all, you need to know what privatization by prescription of use is.
Important! This is a situation where a person uses land in good faith, openly, and continuously for many years in a row, without proper legal registration, but with actual ownership – and has the right to register this land for themselves.
Privatization by prescription applies to the following types of land:
- Vegetable gardens near the house (if there are no title documents);
- Land that has been used for at least 15 years;
- The plot must not be privately owned by another person or officially leased.
How is land being developed now?
During martial law in Ukraine, a number of procedures have been simplified, in particular, local government authorities can consider applications more quickly, and some registration actions are carried out under simplified access to registers.
Remember! In addition, people who were left homeless or lost land in a war zone can claim other plots, and this also opens up legal opportunities. However, this does not mean automatic right. You need to act legally competently.
What to do:
- Prepare proof of use: photos, neighbor confirmations, old receipts, deeds, village council decisions, inventory documents;
- Contact a lawyer to analyze the situation;
- File an application with the local council or court, depending on the circumstances.
Only register land with a lawyer
- It is necessary to check the status of the land (maybe it is already owned by a community, the state or another person);
- correctly execute all documents;
- in some cases, to defend one's rights through court.
Please note! If you have been using a vegetable garden for a long time, but have not yet registered it, it is time to start the registration procedure now. Even during a war, or especially during a war, you need to protect your right to the land. And it is better to do this together with a lawyer to avoid mistakes and the loss of what you have cultivated for years.
Do people with disability group III have to pay land tax?
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People with disabilities of group 3 must pay land tax.
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Exemption from paying land tax applies to persons with disabilities of groups 1 and 2, parents with many children, pensioners, war veterans, and victims of the Chernobyl disaster.