Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Support of land purchase and sale transactions
Land agreements are extremely important in Ukraine, primarily for the implementation of one’s own economy. The land purchase and sale agreement regulates the lawful transfer of ownership rights to land to another person. Its existence contributes to the stability of the state’s land market and gives the right to another person, if he has the opportunity to buy the land, to use it for various purposes, including construction, agriculture, commercial activities.
What are the most common risks when buying and selling land?
There are often cases when land transactions carry significant risks for one or both parties at the same time. To avoid them, it is important to consider that when buying and selling a land plot, the following may occur:
- firstly, the category of the plot does not correspond to the one stated in the contract. The seller may falsely indicate the type of intended use of the land, which will make it impossible to use the land for the intended purpose for the buyer. In the worst case, a fine will be imposed on the person for improper use of the land;
- secondly, the presence of encumbrances on the plot. The land may be under arrest, mortgage or have other restrictions that make it impossible to use it. And the seller, in turn, may hide the relevant facts;
- thirdly, incorrectly executed documents for the transaction. In particular, the land purchase and sale contract (its form or content) may not comply with the legislation and not create the appropriate legal consequences for the parties. The documents for the plot may be forged or invalid;
- fourth, not taking into account the need for communication with the owners of adjacent land plots. It is necessary to clarify relations with potential neighbors in advance so that boundary disputes do not arise in the future.
There are other risks when buying land, which in one way or another will affect the scope of the rights of the parties. More detailed information on this, possible ways to avoid such risks and support for transactions can be obtained by contacting “Prikhodko & Partners” for advice from a lawyer on land issues. The cost of such advice is determined upon preliminary communication with a specialist.
What are the main problems when buying and selling a land plot does legal support solve?
Problems with registration
The main problem is the inconsistency of the prepared documents with land and economic legislation. The lawyer provides professional support and takes into account the following points:
- the compliance of the content of the contract with the appropriate level of mutual compliance of the rights and obligations of the parties, the transparency of the coverage of its essential conditions (payment, transfer, etc.);
- verification of the parties’ authority to sign the contract (in particular, if it is carried out through an official representative of one of the counterparties), the level of legal capacity in order to avoid cases of recognizing the contract as invalid;
- correct notarial execution of the agreement and its registration in the State Register of Real Property Rights (State Register of Real Property Rights).
Issues of verifying the counterparty’s good faith
Quite often, clients encounter unscrupulous counterparties who may not disclose important information about the land plot, carry out fictitious transactions or provide forged documents on the land for registration. Therefore, the lawyer pays attention to:
- verification of title documents for the land;
- verification of the presence of arrests, pledges, mortgages and other restrictions on the plot;
- verification of the seller’s business reputation (for the presence of court cases).
Moments of prompt resolution of disputes (in the pre-trial procedure)
Finally, the lawyer provides support to prevent possible conflicts (for example, with co-owners or owners of adjacent land plots) or to resolve existing ones. This includes:
- participation in negotiations when drawing up and signing an agreement;
- assistance in drawing up additional agreements (regarding individual points of the agreement);
- elimination of deficiencies in documents to ensure the legality and validity of the transaction (in particular, in the case when the parties decided to amend the land purchase and sale agreement).
What is included in the service of legal support for land purchase and sale agreements?
Legal support “Prikhodko and Partners” is a complex of services aimed at ensuring the legality and security of the transaction for both parties to land relations. Our lawyers have significant professional experience in this area and can help interested clients by:
- first, providing consultations on land legislation;
- second, checking land documents and the identity of the counterparty;
- third, checking for encumbrances or lawsuits regarding the land plot;
- fourth, drawing up a land purchase and sale agreement, taking into account the interests of both parties;
- fifth, preparing the necessary documents for notarization and registration with the State Register of Real Estate and Property;
- sixth, pre-trial settlement of possible disputes during negotiations with the parties.
A land purchase and sale agreement is an important tool that ensures the legal transfer of property rights. Legal support for such transactions is important to minimize possible risks, ensure the prompt completion of all procedures, and ensure the legality, security, and efficiency of land purchase and sale transactions.
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