PURCHASE AND SALE OF AGRICULTURAL LAND

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Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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PURCHASE AND SALE OF AGRICULTURAL LAND

Reading time: 3 min.

Probably everyone has heard the expression "land is the greatest wealth." But is it really so? Even before July 2021, if you ask an average citizen of Ukraine who owns a land share (share) whether he considers himself rich, you will rarely get a positive answer. This happened due to the fact that the moratorium on the sale of agricultural land prohibited the owners of shares from freely disposing of them.

The land market has been operational since July 2021. This means that agricultural land can be bought and sold.

Who can buy or sell agricultural land?

According to the Law of Ukraine No. 552-9, from July 2021 to December 2023, the subjects of the purchase and sale of such lands can only be citizens of Ukraine. And from January 2024, such a right will arise in legal entities (whose participants are citizens of Ukraine), in states and territorial communities.

Limitation

In order not to concentrate a large amount of land in the same hands, the Law stipulates that natural persons can buy up to 100 hectares per person, and legal entities - 10,000 hectares.

Peculiarities of agricultural land purchase and sale contracts

There are somewhat stricter requirements for land purchase and sale contracts.
First, the notary must check the buyer to see if he has the opportunity to purchase the desired plot of land.
Secondly, all settlements under such contracts must be carried out exclusively in non-cash form. In this case, cash payments are not allowed.
Thirdly, the buyer must document where he got the funds to buy the land.

What documents do I need to have for the seller?

  • Passport and RNOCPP
  • Documents confirming land ownership (state act, certificate of ownership, etc.).
  • An extract of the regulatory monetary assessment of the land plot that they wish to sell

This is the minimum package of documents. Depending on the situation, others may be required, namely the second spouse's consent to the sale, if the land was purchased in marriage, etc.

It is also worth noting that if the land is leased, then the lessee has the right to purchase it, provided that he pays the price at which it is sold.

So, in conclusion, it is worth noting that agricultural land is subject to purchase and sale. Of course, the land market today is not perfect, you need to check in detail the possibility of being a buyer or seller when concluding such contracts. But if there are doubts about the possibility of buying and selling agricultural land, you can always use the advice and help of a land lawyer.

A specialist can study the situation in detail and provide answers to all questions. If necessary, a lawyer can support the conclusion of such an agreement. Therefore, agricultural land can actually be the object of civil rights of citizens, and not only on paper.

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Specializes in criminal, civil and administrative law, recalculation of military pensions

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