Termination of the land lease agreement

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Oleksandr Kolesnichenko

Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

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Termination of the land lease agreement

Land relations in Ukraine are based on the principles of legality, justice and equality of the parties. Leasing land is a common practice that gives the opportunity to cultivate or otherwise use a plot of land to someone other than its owner. However, there are situations when it becomes necessary to terminate the lease agreement.

In what cases can the land lease contract be terminated?

There are two main ways to cancel such an agreement:

  1. By agreement. This method is the simplest and least conflicting. The parties may at any time agree to terminate the contract by entering into an appropriate written agreement.
  2. The agreement may be terminated by a court decision at the request of one of the parties in the following cases:
  • Non-fulfillment by the tenant of his obligations stipulated in the agreement (non-payment of rent, damage to the land plot, etc.).
  • Use of the subject is not for the intended purpose.
  • Regular violation of the rights and legitimate interests of other persons.
  • In other cases provided by law.

 

How to properly cancel a land lease agreement?

The procedure for terminating the contract depends on how it is carried out.

  1. By agreement:
  • The parties conclude a written agreement on the termination of the lease.
  • The agreement is signed by both parties.
  • The document is subject to state registration in the State Register of Real Property Rights.
  1. According to the court’s decision:
  • The lessor or the lessee files a lawsuit to the court to terminate the land lease agreement.
  • Documents confirming the grounds for terminating the agreement are attached to the lawsuit.
  • The court considers the case and makes a decision.

Termination of the land lease agreement

What legal obstacles can there be when canceling a land lease agreement?

When canceling the agreement, the following legal obstacles may arise:

  • Improper contract design: If it does not meet the requirements of the law, it can be declared invalid.
  • Lack of grounds for voiding the agreement: If the landlord or tenant cannot prove in court that there are legal grounds for voiding the contract, the court may refuse to grant the claim.
  • Failure to follow the contract termination procedure: Failure to follow the statutory contract cancellation procedure may render the termination invalid.

 

How does the company “Prykhodko and Partners” help to terminate a land lease agreement?

The legal company “Prykhodko and Partners” has extensive experience in the field of land law. Our lawyers will help you:

  • Analyze your land lease agreement and determine possible grounds for terminating it.
  • Develop a strategy for terminating the land lease agreement.
  • Collect the necessary documents.
  • File a claim for termination of the land lease agreement and other necessary documents.
  • Represent your interests in court.
  • Appeal the court decision if you are not satisfied with it.
  • Ensure state registration of the termination of the land lease agreement.

Land lease agreement

Advantages of applying to the company “Prykhodko and Partners”:

  • Our lawyers have extensive experience in the field of land law and have successfully terminated many land lease agreements.
  • Our lawyers have in-depth knowledge of legislation and court practice, which allows them to find optimal solutions for each case.
  • We carefully study each case and develop an individual strategy for terminating the land lease agreement, taking into account all the nuances of your situation.
  • We guarantee the confidentiality of all information you provide to us.

How much does it cost to terminate a land lease?

The cost of terminating a land lease depends on several factors:

  • The complexity of the case. The more work lawyers need to do (for example, gathering evidence, preparing documents, representing in court), the higher the cost of the service will be. If the case is complicated from a legal point of view (for example, the norms of international law must be applied), then the cost of the service will also be higher.
  • Plot location. As a rule, the higher the value of the land plot, the higher will be the cost of the lease termination service. The cost of the service may vary depending on the region where the land plot is located.
  • Duration of the case. The longer the case lasts, the higher the cost of the service will be.

In addition to basic services, lawyers can also provide additional services, for example, the services of an appraiser or translator. The cost of these services will be added to the total cost of the lease termination service.

If you need advice or the cost of terminating a land lease – fill out the form below.

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Oleksandr Kolesnichenko
Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

Contact now

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