Ownership of Property Implies Ownership of Land on which It is Located

by Vladyslava Zhabrovets
Friday, October 22, 2021
2 MIN
Ownership of Property Implies Ownership of Land on which It is Located

From October 28, amendments to the legislation come into force, which determine the single legal fate of the land plot and the real estate object located on it

In particular, in the case of the acquisition of ownership:

- of an object of immovable property (on the basis of a transaction or by way of inheritance) - a residential building (except for an apartment building), another building or structure, an object of construction in progress (hereinafter referred to as a real estate object) located on a privately owned land plot, the ownership of such land the site is simultaneously transferred from the previous owner of such objects to the acquirer of such objects, without changing its intended purpose;

- of a real estate object located on a land plot that is leased, in use on the basis of the right of emphyteusis, superficies from the previous owner, the acquirer simultaneously transfers the right to lease, emphyteusis, superficies of the land plot on which such an object is located, in the amount and on the terms established for the previous owner of such an object, except in special cases. The expression of the will of the lessor (owner) and amendments to the corresponding agreement indicating the new tenant (user) of the land are not required. On the transfer of the relevant right, its subject is obliged to immediately inform the lessor, the person who transferred the land plot for use on the basis of the right of emphyteusis, superficies;

- of a real estate object located on a land plot, which is in the use of the previous owner on the basis of the lease right, - the acquirer of such an object simultaneously transfers the right to lease the land plot on which such an object is located, in the amount and on the terms established for the previous owner of the object, located on a land plot, except for special cases. The will of the lessor and amendments to the lease agreement indicating the new lessee of the land plot are not required. 

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