Main points
- A certificate for a land share is the basis for inheritance, even without a cadastral number, but the procedure requires additional steps.
- The heirs must complete the registration by 2028, otherwise the share may be recognized as unclaimed and transferred to communal property.
How to get land / Photo Unsplash
In Ukraine, even a certificate for a land share gives the right to inheritance, but without a cadastral number, registration becomes more complicated. Experts explained how heirs should act and why it is important not to delay until 2028.
How to inherit land?
A certificate of the right to a land share (share) remains a full basis for inheritance, even if the owner did not have time to register the plot and obtain a cadastral number during his lifetime, reports the Land Fund of Ukraine. At the same time, the procedure for acquiring ownership in such a case has additional stages.
First of all, the heir must apply to a notary within six months with a statement of acceptance of the inheritance and provide the original certificate. However, it will not be possible to obtain a certificate of the right to inheritance immediately, because the plot has not actually been formed and has not been entered into the State Land Cadastre.
Please note! In such a situation, the notary sends requests to the relevant authorities to confirm the right to the share. If the notarial act is refused, the heir will have to apply to the court with a claim for recognition of the right to the land share in the order of inheritance. The court decision in this case replaces the certificate of inheritance.
After that, it is necessary to order land management documentation, form a land plot, assign it a cadastral number and register it in the State Land Cadastre. The final stage is state registration of ownership – confirmation will be an extract from the relevant register.
At the same time, the legislation sets a deadline for registering such plots. If ownership is not registered by January 1, 2028, the share may be recognized as unclaimed and transferred to the communal property of the territorial community.
Important! Experts emphasize: delaying registration can lead to loss of land, so heirs should start the procedure as soon as possible and go through all the necessary stages.
Can neighbors change the boundaries of their land plots by mutual consent?
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Changing the boundaries of adjacent land plots is possible with the consent of the owners, provided that established procedures are followed.
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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.