Main points
- Changing the boundaries of adjacent land plots is possible with the consent of the owners, provided that established procedures are followed.
- It is necessary to obtain written consent from the owners, develop technical documentation, make changes to the State Land Cadastre, and obtain a corresponding extract.
How to change plot boundaries / Photo Unsplash
Often, the boundary between neighboring plots may not suit both or one of the owners. Because of this, they try to change it so that the plots are more convenient to use.
How is it allowed to change the boundaries of plots?
Lawyer Olena Yurets told Channel 24 that, as a general rule, changing the boundaries of adjacent private land plots occurs with the consent of their owners. At the same time, certain procedures must be followed.
In the event of a change in the boundaries of adjacent private land plots (without changing the areas), in accordance with Article 106 and Clause 12 of Article 79-1 of the Land Code of Ukraine, as well as Article 55 and Clause 4 of the Final and Transitional Provisions of the Law of Ukraine “On the State Land Cadastre”, it is necessary:
- obtaining written consent from persons who own the property rights to adjacent land plots;
- development by land surveying engineers of technical documentation on land management regarding the establishment (restoration) of land plot boundaries in nature (on the ground);
- making, based on the developed documentation, changes to the boundaries of the land plot in the State Land Cadastre of Ukraine and obtaining an extract about the land plot, which will reflect the changes.
Olena Yurets
Leading lawyer in the transport and infrastructure practice of the law firm Arzinger.
In this case, only the information about the coordinates of the angles of rotation of the boundaries of the land plot is corrected without changing the cadastral number of the land plot. Accordingly, the production of new title documents is not required.
Important! However, according to Maryna Sharapa and Olena Yurets, in the event of a change in the area of a land plot as a result of a change in boundaries, an additional measure is to make changes to the land plot and ownership rights to it in the State Register of Real Property Rights.
Renewal of land lease: how not to lose the plot due to formality?
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Renewal of land lease agreements in Ukraine is often accompanied by confusion due to the mixing of different legal mechanisms, and legal errors can lead to the loss of the plot.
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The most common way to renew a contract is to conclude an additional agreement, but it is important to correctly determine the term of the contract, taking into account restrictions such as a total lease term of up to 50 years.