Main points
- According to Ukrainian law, when acquiring ownership of a real estate object, the right of ownership or use of the land plot under it is simultaneously transferred.
- Ownership of land can be acquired through purchase and sale, donation, inheritance, privatization, and foreigners can own non-agricultural plots by purchasing real estate on them.
Whose land is under a private house / Photo Unsplash
According to Ukrainian legislation, the principle of unity of the house and the plot on which it is located is provided for. This principle has been fully implemented in Ukraine since January 2021.
Whose rights are there to 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, reports 24 Channel with reference to the Civil Code of Ukraine.
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.
Please note! 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 ownership of the plot transfer to the new owner of the house?
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.
Important! 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 transferred the right of ownership to such share of the land plot. Similarly, the corresponding share of the land plot shall be transferred to the right of ownership to the acquirer of the real estate property in the event of his acquisition of a share in the case of joint ownership of such property.
What is the permissible height of a fence between neighbors in Ukraine?
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According to DBN B.2.2-5:2011, the height of the fence on the border of neighboring plots should not exceed 2 meters, and on the street side – 2.5 meters.
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Landowners must choose uses that cause the least inconvenience to neighbors, otherwise neighbors may go to court.