Main points
- Heirs cannot legally use the land without registering the inheritance, as ownership does not transfer automatically.
- Registration of inheritance includes submitting an application to a notary, obtaining a certificate of the right to inheritance, and registering ownership in the State Register of Real Rights.
How to use the land / Photo Pixabay
There are often situations when the owner of a share dies, and his relatives who claim the land, for certain reasons, cannot receive money for rent. However, not everyone knows whether it is possible to use the land without re-registering it for themselves.
How can land be cultivated without re-registering it?
In almost every family, when someone inherits a share or other land plot, the question arises whether it is possible to simply use it without legalizing the inheritance, reports the Land Fund of Ukraine. In short, no, it is not possible – there is no legal right to land without legalizing the inheritance.
The legislation stipulates that after the death of the owner, ownership of the land does not automatically pass to the heirs. To become a full owner, you must:
- Submit an application to a notary within 6 months of the testator's death.
- Issue a certificate of inheritance.
- Register ownership in the State Register of Property Rights.
What are the consequences of using land without re-registration:
- You will not be able to enter into lease, sale or gift agreements.
- The state can impose a fine or declare the use of the land illegal.
- In the event of a dispute with third parties, you will not be able to protect your rights in court without official confirmation that you are the owner.
What if you already cultivate the land “in fact”. Many people continue to sow, rent it out or receive rent – but this is only “actual use”, which does not provide any legal protection. A tenant who pays “descendants” without documents also runs a risk – the lease agreement may be declared invalid.
Important! To avoid problems, do not delay with the registration of the inheritance. If 6 months have already passed, contact the court to renew the term. After receiving the certificate, be sure to register the ownership in the registry. Using land without re-registration is a temporary, uncertain and legally dangerous situation. To protect yourself, your children and the land, register the inheritance properly.
Who owns the plot of land on which a private house is built?
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Ukrainian legislation provides that when purchasing real estate, ownership of the land plot under it is transferred to the new owner without changing its intended purpose.
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Foreigners may acquire ownership rights to non-agricultural land plots in the event of the purchase of real estate on these plots.