Main points
- Unit owners may encounter proposals to combine lands, which may be unprofitable, so it is important to check the documents.
- The legislation allows for land consolidation, but owners have the right to insist on a separate allocation of their plot and avoid signing joint applications without consent.
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Unit owners may encounter offers to combine land into single plots, which is not always profitable. Experts advise to carefully check the documents so as not to lose control over their plot.
How to avoid unfavorable conditions during land consolidation?
Lawyer Olena Bondarenko, in a commentary for Channel 24 , said that when the majority of land plots within one massif are used by one agricultural producer, the legislation provides him with tools for land consolidation. In practice, this means that owners of individual shares may be offered an exchange of plots, a change in their location, or other “organizational” solutions that are presented as a technical necessity for the formation of a single field.
She noted that the result of the exchange may be a plot with a worse location, less convenient access, different soil characteristics, or less liquidity. Sometimes the owner does not even immediately realize that he has actually agreed to a change in the terms of use of his land.
According to Olena Bondarenko, in order to prevent the inclusion of a share in a “single array” on unfavorable terms, it is necessary to act at the stage of approving documentation and concluding agreements, since after the legal registration of the array, the owner may find himself in a “trap” of limited rights.
Olena Bondarenko
Lawyer, RELIANCE Dispute Resolution Practice
First, you need to carefully read the documents you are offered to sign. Often, proposals to exchange plots, change the configuration, or agree on the boundaries of the massif are presented as a technical formality. Any signature under the land use scheme within the massif may mean consent to its formation.
Secondly, according to her, the owner has the right to an allocation in kind of a separate plot. By law, a land share (share) is usually allocated to the owner in kind as one separate plot, which gives the right to insist on the preservation of individual boundaries and access to the land (for example, a field road).
Thirdly, the lawyer emphasizes that the allocation of shares “in a single mass” into common ownership is possible only if there is a joint statement signed by each of the owners. If the owner does not sign such a statement, it is impossible to forcibly combine the share with others into common ownership.
Important! In addition, when concluding a lease agreement, you must carefully check the clauses of the lease agreement regarding the possibility of subleasing the plot or including it in the arrays without additional approval.
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.