Land lease agreement between individuals

In 2024, there were changes in land relations. The second stage of land reform is starting in our country. In accordance with the innovations, the list of entities that can acquire land for agricultural purposes has been expanded. Legal entities were given the right to acquire property up to 10,000 hectares. For individuals, this limit has also been increased to this figure. Important: natural persons who are citizens of Ukraine have the right to own a plot of land. In this article, we will consider a land lease agreement between individuals.

Basic changes in the issue of land lease in 2024

We suggest that you consider the basic changes that took place in the legislation at the beginning of 2024.

Let’s start with the entry into force of the land lease agreement. We are talking about the Resolution of April 18, 2023. In judicial practice, it is noted that the lease agreement for a plot of land is not confirmation of the lessee’s property right to use it, but confirmation of the fact that the parties have reached an agreement in the proper form.

That is, the right to use a plot of land arises precisely from the moment of state registration of property rights. Any changes are recorded in a special State register. In the process of resolving disputes, the court gives preference to the party that registered its property right to the real estate object.

In the conditions of the introduction and continuation of martial law, the procedure for renting land was significantly simplified. For example, for a period of up to 12 months, the rental procedure is carried out under the following conditions:

• The plot of land at the time of lease does not include bidding.

When forming a plot of land, information about it is not entered into the State Land Cadastre. That is, it is not assigned a separate number. Real estate formation takes place only on the basis of technical documentation regarding the land inventory.

• The rental agreement is recorded in electronic form.

According to the adopted innovations, the lease agreement is concluded only in electronic form. It is certified by qualified electronic signatures of the land owner and tenant.

• Land lease is not subject to state registration.

However, there are certain exceptions. The land lease agreement is subject to mandatory state registration. It is carried out by local authorities.

A lessor’s application is sufficient for registration of the contract with state authorities. This application is made in electronic form. A copy of the contract is attached to it.

• The beginning of the lease right is the moment of state registration of the lease agreement.

Land rent is also an important issue. According to the current legislation, its size should not exceed 8% of the monetary value of the land plot.

The rental agreement cannot be renewed, it is concluded for a new term and is automatically terminated. The lessee cannot count on compensation for his own expenses for the plot of land or its sublease. The establishment of easement on land, construction of real estate objects is also prohibited.

Please note: plots of land intended for agriculture may be leased exclusively for this activity (for example, agricultural production).

Legal support of real estate transactions

Disputed situations related to the lease of a plot of land arise quite often today. This is due to the fact that the legislation in this area is not ideal.

That is why, if you plan to lease or rent a plot of land, it is better to enlist the support of professional real estate lawyers.

Lawyers Prykhodko and Partners provide comprehensive legal assistance in concluding various agreements related to real estate. From the point of view of jurisprudence, land disputes can be classified as complex. Our land law lawyers will help you solve even the most complex problems. We guarantee to bring any matter to a logical conclusion.

Disputes related to the execution of a lease agreement for a plot of land can arise between both individuals and legal entities. They are directly related to the realization of legal rights to protect the interests of each of the parties to the concluded contract. We will do everything possible to ensure that you, as the owner of the land, are reliably protected from damage, and tenants – from illegal actions by the landlord.

Among other advantages:

1. High professionalism.
2. Knowledge and understanding of current legislation in the field of land law.
3. Successful representation of the client’s interests in court.

Our land law lawyers understand all responsibility and make every effort to resolve land disputes in favor of their client. The issue of our reputation is very important to us. That is why we always finish what we started.

Do you have any other questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of the services of a real estate lawyer, fill out the form below.