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Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Land lease agreement in a complex with a water body located on it
The lessor may transfer to the lessee for a fee a land plot on which a water body is located for use for conducting economic activities. This possibility is directly provided for in the Law of Ukraine “On Land Lease”.
It is worth emphasizing that the procedure for concluding such an agreement involves taking into account the features of the Model Agreement approved by the Resolution of the Cabinet of Ministers of Ukraine No. 572. Its main feature is that it allows you to agree on the terms of use of both objects simultaneously (a land plot and a water body), taking into account the specifics of their purpose. Below we will examine in more detail some of the features of such an agreement in the field of land relations.
Essential terms of a land lease agreement in a complex with a water body located on it
Important aspects that must be reflected in such an agreement, in addition to those conditions that are typical for a land lease agreement, are:
- description of the water body (name, location, characteristics);
- list, characteristics and condition of hydraulic structures (if any);
- rights and obligations of the counterparties regarding the maintenance and protection of the water body;
- operating conditions in accordance with the established operating modes (if any).
The lease agreement must be concluded in writing and is subject to state registration.
Important: A land lease agreement in a complex with a water body located on it must provide for the possibility of unhindered access to the water body for general needs of the population (swimming, fishing, etc.). Restrictions on such a right may be solely based on the requirements of current national legislation.
Rights and obligations of the parties
Lessee
A person who leases the relevant land plot has the right:
- to independently manage the land;
- to erect buildings and structures, plant perennial plantings on the land plot, water management structures and reclamation systems (with the written consent of the other party to the agreement);
- to perform other actions stipulated by the terms of the agreements.
At the same time, such a person also has corresponding obligations, which consist in observing certain restrictions on the use of the leased property (primarily the land use regimes established in the Water Code of Ukraine), timely payment of rent, compliance with fire safety requirements, etc.
Landlord
The rights of this counterparty are as follows:
- control over the intended use of the property by the tenant;
- control over the use of water protection zones;
- performance of works to improve the conditions of use of both the land plot and the water body located on it (with reimbursement of all
- costs for such works from its own account).
Moreover, the lessor is obliged to refrain from taking actions that prevent the lessee from lawful use, to warn the other party to the agreement about the special properties and shortcomings of the land plot and the water body known to him, etc.
Conclusion of a land lease agreement in a complex with a water body located on it
What documents are needed?
It is necessary to collect a certain package of documents:
- extract from the State Land Registry (cadastral number of the land plot);
- passport of the water body;
- act of acceptance and transfer to confirm the fact of the transfer of property.
State registration of the contract
From the moment of state registration, the tenant officially acquires the right to use both the land and the water body located on it in accordance with current national legislation. Such registration is carried out at the location of the leased property and involves submitting an application to the state cadastral registrar. In addition to the registration itself, the legislation establishes the obligation of the tenant to provide a copy of it to the State Water Agency within 5 days.
Development of a land lease agreement in a complex with a water body located on it by lawyers of “Prikhodko and Partners”
Qualified lawyers of our company can provide comprehensive legal support at all stages of concluding an agreement. Thanks to a deep understanding of the legislation, practical experience and orientation on an individual approach to resolving clients’ requests, they will be quite useful to you.
The main services of lawyers of “Prikhodko and Partners” when developing an agreement include:
- first, initial consultation on the features of concluding, registering the agreement, key legislative requirements and ways to avoid any legal risks. Moreover, lawyers will conduct a thorough analysis of the documentation for the land plot and water body to determine their compliance with the law;
- second, preparation of a draft lease agreement, taking into account the client’s interests and the specifics of his situation as much as possible. Our lawyers also assist in obtaining an extract from the State Register of Land Use, a passport for a water body and other documents that may be needed to conclude agreements;
- thirdly, representation of the client’s interests during the conclusion of a contract, which involves both negotiations with the other party and personal participation (by power of attorney) in its state registration.
If you have any questions about a land lease agreement in a complex with a water body located on it, leave a request and receive professional legal advice from our specialists. You can also find out the price of developing such an agreement and start preparing for the process of concluding it today!
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