Land under a private house: who really owns it.


According to Article 377 of the Civil Code of Ukraine, when a person becomes the owner of real estate that has been registered in accordance with the law, they also acquire ownership or usage rights of the land plot on which this property is located.
During this transition, there are no changes in the intended purpose of the plot as established by the previous owner, and the rules and conditions provided by law continue to apply, reports 24 channel.
Article 120 of the Land Code of Ukraine describes how the right to the land plot is transferred when a person becomes the owner of a house, its economic management, and the exercise of operational management (except for apartment buildings).
The process of transferring ownership rights to the plot occurs on the following grounds:
- by means of a sale, lease, gift, exchange, or other civil law agreements;
- in the case of gratuitous transfer of state and municipal land;
- in case of repurchase of land plots that were previously transferred for use;
- in case of inheritance;
- when allocating the required land plot on the ground;
Foreigners and stateless persons can become owners of non-land agricultural plots if they acquire ownership of real estate located on these plots.
If a physical or legal entity of private law becomes the owner of a residential building (except for an apartment building) located on a private land plot, ownership of this plot simultaneously transfers to the new owner without changing its intended purpose.
Also, if the previous owner had a share in the joint ownership of the land plot, the new owner of the real estate acquires ownership of this share of the plot. The same occurs with a share of the land plot that transfers to the new owner in case of acquisition of a share in the joint ownership of such property.
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