Oleksandr Polivodskyy has explained to lessees what will happen to land plots without heirs to land shares
Sometimes it happens that the owner of a land share dies and his or her heirs do not wish to properly register their inheritance or are altogether non-existent. According to the Ministry of Justice, there is a lot of unregistered inherited property, including agricultural land plots.
Oleksandr Polivodskyy, Sofiya Law Firm’s Partner, has explained the legal implications of such situations for lessees in another educational video “Know your right to land” released by the Ministry of Justice of Ukraine.
“The land lease agreement remains in full force and effect and should be timely fulfilled,” the expert explained. “The lessee may use the land plot and should be ready to make lease payments in accordance with the obligations envisaged under the agreement. The land plot will be regarded as heirless property, unless any heirs claim their rights to such land plot.”
In accordance with the Civil Code of Ukraine, if there are no heirs either by will or at law, or if they fail to claim their inheritance, or if they fail or refuse to accept their inheritance, the local self-government authority at the location of the respective real property must apply to a court seeking recognition of such property as heirless property. Having established the respective fact, the court rules to recognize the respective property as heirless property and transfer it to the territorial community. Thus, the local self-government authority becomes the owner of such inheritance property.
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