Main points
- Heirs cannot legally use the land without re-registering it for themselves, in accordance with the law.
- Using land without registering an inheritance can lead to fines, recognition of actions as illegal, and difficulties in protecting rights in court.
Is it possible to use the land / Photo Freepik
Quite often in the field of land management, it happens that the owner of a share dies, and his relatives who claim the land cannot receive money for rent. This happens because not everyone knows whether it is possible to use the land without re-registering it for themselves.
Does the law allow an heir to use land 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.
Please note! 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.
How to register an inheritance for land while abroad?
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Heirs who are abroad can submit an application for acceptance of inheritance by mail with a notarized signature and a translation into Ukrainian.
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The most convenient way is to delegate the process of accepting the inheritance to a representative by power of attorney to collect documents and communicate with the notary.