How to arrange a lease agreement for land? How can I change or break i...
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Southern Interregional Department of the Ministry of Justice (Odessa)
How to arrange a lease agreement for land? How can I change or break it? Advises the Minister of Justice P.Petrenko
28.08.2017
How to arrange a lease agreement for land? How can I change or break it? Advises the Minister of Justice P.Petrenko
Good afternoon, dear Mr. Minister! Speaking somehow on television, you said that very often the anti-roaming commission of the Ministry of Justice can not in any way affect the problem situation, since in fact there are no violations by the tenant because the owners of land shares sign rental agreements without reading them and only then reveal some troublesome moments . Please tell us how to arrange such a contract in order not to get into an unpleasant situation? And how can the contract change or break it if there is a contract?
Oleg Makogon
Why do I need to sign a lease agreement?
The right to lease a land plot is certified by a land lease agreement. The contract is concluded between the land owner and the tenant in writing. At the request of one of the parties, it may be certified by a notary public.
What should be specified in the contract?
The contract must contain information about:
- object of lease (cadastral number, location, size of land);
- term of the lease agreement;
- rent (size, indexation, method and terms of payments, terms, order of its introduction and review, liability for non-payment).
Subject to the consent of the parties in the lease agreement may specify other conditions.
What to do if there is no cadastral number on the document?
If you have a state act on a land plot without an assigned cadastral number, you must contact a specialized company for the production of technical documentation on land management.
After that you have to register in the regional department of the State Geocadaster and register the ownership right in the State Register of Real Rights to Real Estate.
What can be the terms of the lease agreement and the cost of land lease?
The minimum term for lease for agricultural land is 7 years, and the maximum is 50 years.
The size of the rent for the land is determined by agreement of the parties. However, this amount can not be less than 3% of the value of the land plot.
Is it possible to change the terms of the contract or break it?
A change in the terms of the lease agreement or the termination of this contract shall be made by mutual consent of the parties.
In case of failure to reach agreement on changing the terms of the agreement or its voluntary termination, the dispute shall be resolved by court.
The termination of the land lease agreement is unilateral, except when such an opportunity is specified in the contract itself.
Where to go to get rid of problems when renting a land?
Regional Center for the Granting of Secondary Legal Aid in Odesa Oblast:
Address: street. Leo Tolstoy, 6, Odessa, 65023, Ukraine
Contact phone: (048) 726-22-23
The only telephone number of the free legal aid system is 0-800-213103
The Main Territorial Department of Justice in Odesa Oblast:
Address: 34 Bogdan Khmelnytsky Str., Odesa, 65007, Ukraine
Contact phone: (048) 705-44-66
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