Termination of the land share agreement

Have you become the owner of a plot of land that you leased and you want to change the tenant, the terms of the contract or terminate the land share contract? Specialists of our Prykhodko and Partners law office will tell you how to do it correctly in this article.

Legislative framework of the issue

Article 651 of the Civil Code of Ukraine regulates the following: the contract can be terminated only with the consent of the parties, unless, of course, otherwise is established by a valid contract. Part three of Article 31 of the Law of Ukraine "On Land Leasing" states that there is a possibility of terminating the lease agreement by agreement of the parties. In this case, in accordance with the current legislation, each of the parties may claim compensation for damages caused by the termination of the contract.

The pre-trial and judicial way of terminating the land share contract

Current legislation offers two options for terminating a lease of a land share: pre-trial and judicial.

• Pretrial option

The easiest option is to wait until the contract expires. After that, you can start concluding a contract with a new tenant on the terms that will be more beneficial for you. However, this option will be acceptable only if there is not much time left before the lease contract expires.

If for some reason you do not want to wait, you should analyze the concluded contract in detail. For example, in some contracts there are conditions under which there is no possibility of unilateral termination of the contract. For example, one of the conditions - the contract may provide for the transfer of ownership of a plot of land to another person. If such a condition is clearly stated in the contract, you have the right to unilaterally terminate the contract.

In addition, it is possible to terminate the contract by agreement of the parties. However, this option provides for the possibility of compensating the other party for damages.

• Court option

Termination of the land share agreement is possible in the courts in the following situations:

• The parties do not fulfill the obligations provided for in Articles 24-25 of the Law on Land Lease.
• The rental object was accidentally destroyed or damaged.
• The parties do not fulfill their obligations: payment of rent; transfer of the land plot to sublease (at the same time, the lessor did not receive any information); use of the land plot outside its intended purpose.
• Occurrence of reasons defined by the Laws of Ukraine, in particular, the Land Code.

The above reasons for terminating the lease agreement are the basis for a lawsuit. In addition, it is necessary to provide arguments regarding the grounds for declaring the land lease agreement invalid.

The procedure for registering the termination of the land share agreement

In accordance with current legislation, the fact of termination of the share lease agreement must be registered. Both the tenant and the landlord can resort to this procedure. The procedure for registering the termination of the land share contract is carried out by notaries or other state registrars.

The procedure involves submission of the following documents:

• Documents of the lessor or lessee
• Application for actions related to registration
• The document is the identity card of the applicant
• A power of attorney that certifies the authority of a representative of the lessee or lessor
• Copy of TIN
• A contract confirming the lease of a land plot
• The document is confirmation of payment of the admin fee
• An agreement certifying the termination of the land share agreement before the term specified in it

After the state registration of the ownership right, an extract is formed. This is confirmation of the registration of the termination of the lease right.

Thus, it is necessary to go through this procedure. If this is not done in a timely manner, the tenant will have formal grounds for continuing to use the land plot.

Assistance of professional lawyers in terminating the land share agreement

Specialists of our law firm Prykhodko and Partners have extensive practical experience in the field of land law. We will be able to choose the right and justified legal position for you, which will allow you to terminate the lease agreement. Each case is individual and requires a detailed analysis.

We offer:

• Consultancy.
• Comprehensive analysis of the concluded lease agreement. In addition, we will analyze additional agreements and annexes thereto, identify specific conditions, critical points, and risks for the client.
• Writing letters, claims, appeals, messages.
• Checking the accountant's reporting on the payment of lease payments.
• Detection of violations in the performance of specified terms of the contract.
• Representation of the client's interests in court.

Lawyers Prykhodko and Partners have all the necessary tools for clients to obtain the desired result.
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