Main points
- According to the Civil Code of Ukraine, when purchasing real estate, the right of ownership or use of the land plot automatically transfers to the new owner.
- The transfer of rights to a land plot is possible through various civil law agreements, privatization, inheritance, or allocation of a land share, but the intended purpose of the plot remains unchanged.
Whose land is under a private house / Photo zoloche.ua
When buying a house, Ukrainians often do not know who will own the land plot under it after the transaction. The legislation provides for the automatic transfer of certain rights to the land along with the real estate.
Who owns the land under the house?
According to Article 377 of the Civil Code of Ukraine, a person who acquires ownership of an object of real estate, the ownership of which is registered in accordance with the procedure established by law, simultaneously transfers the ownership or right to use the land plot on which such an object is located, the Civil Code of Ukraine states.
At this time, there is no change in its intended purpose to the extent and under the conditions established for the previous owner of the land plot, in the manner and under the conditions specified by law.
Article 120 of the Land Code of Ukraine defines exactly how the right to a land plot is transferred in the event of acquisition of ownership rights to a building located on it, its economic management, and operational management (except for an apartment building).
How does the plot of land pass to the new owner?
Acquire ownership of land plots on the basis of purchase:
- under a contract of sale, rent, gift, exchange, and other civil law agreements;
- in the case of free transfer from state and municipal property;
- in the case of privatization of land plots that were previously provided to individuals for use;
- in case of acceptance of inheritance;
- in the event of allocation in kind (on the ground) of their land share (share).
Foreigners and stateless persons may acquire ownership rights to non-agricultural land plots in the event of the acquisition of real estate objects located on the land plots.
If an individual or legal entity of private law acquires ownership of a residential building (except for an apartment building) located on a land plot that is privately owned by the previous owner, the ownership of such land plot simultaneously transfers to the acquirer of the real estate object without changing its intended purpose.
Please note! At the same time, if the previous owner owned a share in the land plot in the right of joint ownership, the new owner of the real estate property shall be granted ownership of such share of the land plot. Similarly, the corresponding share of the land plot shall be granted ownership to the acquirer of the real estate property in the event of his acquisition of a share in the joint ownership of such property.
How to decorate a vegetable garden that you have been using for many years in 2026?
In addition to a private house, many people also want to have their own garden. However, even if no one and nothing prevents you from using it without registering the rights, it is still better to register it officially.
-
Privatization by prescription is possible for land that has been used for more than 15 years, if it is not privately owned or leased.
-
To privatize during martial law, you need to collect evidence of use and contact a lawyer to file an application with the local council or court.
In addition, people who were left homeless or lost land in a war zone can claim other plots, and this also opens up legal possibilities. However, this does not mean automatic right. You need to act legally competently.