The procedure for state registration of land servitudes

In accordance with Art. 1 of the Law of Ukraine "On the State Land Cadastre" state registration of a land plot - entering into the State Land Cadastre information on the formation of a land plot provided by this Law and assigning it a cadastral number.

The land management organization must register the part of the land plot to which the servitude right extends to the State Land Cadastre through the state cadastral registrar at the location of the land plot. The territorial body of the State Land Agency is obliged to carry out state registration of a part of the land plot within 14 calendar days from the date of submission of the necessary documents.

In confirmation of state registration issued an extract from the State Land Cadastre.

The land easement contract does not enter into force immediately after being signed, but only after the state registration of the relevant right in the State Register of Rights to Immovable Property and Their Encumbrances.

For state registration of the right of land servitude, it is necessary to contact the state registrar of the territorial registration service or a notary.

Ownership of the land plot to which the right of the land servitude will apply must be pre-registered in the State Register of Real Estate Rights and Their Encumbrances.

A similar provision is contained in paragraph 4 of the Procedure for state registration of rights to real estate and their encumbrances, approved by Resolution of the Cabinet of Ministers of Ukraine of June 22, 2011 No. 703 (hereinafter referred to as Procedure).

In confirmation of the state registration of the rights of the land servitude, an extract from the State Register of Real Estate Rights and Their Encumbrances will be issued.

Documents confirming respectively the emergence, transfer and termination of the right to use someone else’s property (servitude) include, in particular:

- an agreement concluded in accordance with the law, the subject of which is a real right to real estate or its duplicate;

certificate of inheritance issued by a notary or consular office of Ukraine, or its duplicate;

- The court decision, which has entered into legal force, regarding other real rights to immovable property;

- testament, which established a servitude on real estate;

- the law, established a servitude on immovable property.

Moreover, taking into account subparagraph 16 of paragraph 27 of the Procedure, the list of documents confirming the emergence, transfer and termination of the right to use someone else's property is not exhaustive.

With the entry into force on January 1, 2013 of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Delimitation of State and Municipal Property Lands”, state and municipal property lands in Ukraine are considered delimited.

State registration of the right of a state or territorial community to land plots is carried out on the basis of a statement by the authorities, in accordance with article 122 of the Land Code of Ukraine, land plots are transferred to ownership or use, to which an extract from the State Land Cadastre on the relevant land plot is attached (clause 7 “Final and transitional provisions "of the said Law).

To conduct state registration of rights to immovable property on the basis of a contract, according to which a real right to immovable property is acquired in connection with the occurrence or non-occurrence of a certain event, the applicant must additionally provide a document confirming the occurrence or non-occurrence of such an event.

In order to conduct state registration of rights to immovable property held in a mortgage or tax pledge, the applicant submits a document confirming the fact of granting consent by the mortgagee or the state tax service to determine the legal fate of real estate held in mortgage or tax pledge.

According to the results of consideration of the application for state registration and documents necessary for its implementation, the state registrar of real estate rights (hereinafter - the state registrar) decides on the state registration of another real right to real estate other than the right of ownership, or the decision to refuse such registration.

The state registrar on the basis of the decision on state registration of rights makes entries in the State Register of Rights.

Clause 22 of the Procedure for maintaining the State Register of Rights to Real Estate, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1141 of October 26, 2011, specifies information the state registrar shall record in the records of other real rights and the subject of these rights in case of state registration of the occurrence of other rights to real estate other than ownership.

After making entries in the State Register of Rights, the state registrar forms an extract from the State Register of Rights and draws it up in two copies, one of which is attached by the state registrar to the registration case (paragraph 20 of the Procedure).

According to the results of the state registration of the rights to use someone else's property in accordance with Article 281 of the Law, the state rights registration authority provides the body that maintains the State Land Cadastre with information, in particular, about the state registration of the right to use a land plot (land servitude).

Decree of the Cabinet of Ministers of Ukraine of February 22, 2012 No. 118 approved the procedure for providing information on registered land plots of the state registration authority and on the registered real rights to land plots of the authority responsible for maintaining the State Land Cadastre, paragraphs 11 and 12 of which stipulate that the state registration authority rights provides the body responsible for maintaining the State Land Cadastre, information on the registered rights schiysya in the State Register of rights, in particular on the state registration of rights vanie cortex (easement) plot of land.

In the case of the state registration of another real right to a land plot, information on the type of real right and its validity period (a sign of indefinite time) is also indicated.

Information on registered rights is provided with state registration, including the right to use (servitude) of the land plot.