“Will buying a house on the leased land. You need to register separately or is it automatically with the structure on it, once I buy it, it becomes mine?” — Igor Zosimov, Zhitomir.
Meets Alexander Pole, Junior associate Investment Service Ukraine:
According to sensacionalista of Ukraine, with the transfer of ownership of the purchased object to the new owner acquires all rights to him, on the basis of which the previous owner had used the land. That is, you will need during the transaction of the sale of the house to renew the lease zemuchastka with the actual owner of the land or with the local authority. The previous contract with the previous landlord and the tenant in this case will be considered terminated.
However, there is an unpleasant nuance with which you are likely to encounter and which lengthens the procedure of purchasing a house and land lease. In civil law it is specified that the termination of the lease agreement or amendments must be in the same form as the basic contract. Therefore, in order for the lease of the previous tenant lost the power, it is necessary to obtain a decision or order of the appropriate regulatory authority. Only after that the new owner can proceed to signing your lease agreement. This procedure is long and may take even several months.
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There’s a faster way. Agree with the person who bought it to a notary first issued a waiver of its lease rights to a land share because of a transfer of ownership of the house. With this application you, as a new applicant for rent, turn to steward the earth and sign your lease the land under your building.
To enter into a contract to develop technical documentation, to coordinate it and approve. When approved by the local authorities, you as the new owner of the building will be able to apply for a lease of land under purchased the house with the local government. The agreement notarized, and this information will be submitted to the state register of real rights to immovable property.
