Purchase and sell procedure as well as land plot rental contract conclusion is subject to many regulatory documents. Pretty often after settling a bargain unexpectedly appear circumstances, which do not allow using the land as it’s been planned to do.
Here is a small list of “surprises”, which may occur to a person, willing to purchase a land plot:
• A counterfeit Land ownership act.
• No documents, which are to be attached to this act: Land acquisition project, technical report on land export to nature and positive conclusions of state organs concerning granting of the land plot, act of land boundaries setting.
• Buyers’ plans do not match the designated purpose of the land plot. It doesn’t seam to be a problem – there’s a special procedure for land purpose changing. But it is not that easy. There are land plots with categories, which may be changed only with concordance of Verkhovna Rada of Ukraine. Besides, category change procedure of some land plots has been extremely complicated.
• Probability that the land you have recently bought is to be seized for public purpose, according to the construction plans. In this case you’ll surely receive compensation, according to the sum of money you have invested in the land plot, but this compensation will hardly be equal to the market price of the land plot.
• Land servitude legal availability. The right of servitude legal is a right to use someone’s land plot. In other words your land plot may be used by someone else. For example, a pipeline may be laid through your land plot for public needs. Or another example, (according to a servitude agreement) a public animal stock is driven. In order to prove this agreement to be illegal you will have to apply to the court.
• While exporting land to nature the positions have been set wrong. In terms of law you have done a self-acquisition of the territory.
• The seller has concealed information about the communication network availability on your territory. Construction on such a plot is most probably forbidden.
That was only the beginning of the list with possible complications, related with a land plot. In order to avoid difficult situations we recommend you to make audit of the land plot you are planning to purchase (Land Plot Audit). By using help assistance of the Ukrainian Land Union experts you will keep yourself away from possible problems.
Land Plot Audit includes following procedures:
• Land plot designated purpose check;
• Documents’ form check;
• Land plot origin verification;
• Land plot check for “problem occurrence";
• Legal and other limitations check;
• Risks evaluation.