In a published material consultation as the owner of the land lot can get on the earth if the site is in the center of the rented ground massif is given.
The agricultural enterprise rents the land lots at individuals the uniform massif
The agricultural enterprise rents the land lots at individuals the uniform massif. One of lessors decided to terminate the lease contract, but its site is in the center of the rented ground massif. How the owner of a site can get on the earth for performance of agrotechnical works?
To the owner of the site located in the center of the zeyomelny massif to reach to the earth deystviyotelno it is hard. Make it it can only through another’s territory. Two options of a solution are in this situation possible.
Option 1 – to demand establishment ground servituta (i.e. the rights of limited using another’s land lots) for journey on the site on vehicles on already available way (to the item of Art. 99 of the Land code of Ukraine from 25.10.01 of No. 2768-III). However if the road doesn’t pass through another’s sites, this option, in our opinion, somnitelen. If servitut after all it will be possible to establish under the agreement with owners of the next sites or by a court decision, it is necessary to pay a certain sum of compensation for it (h. 3 Art. 101 of ZK). And it is additional expenses which can not acquit itself.
Option 2 – to exchange sites. The site in the center of the zeyomelny massif can be exchanged on similar, but on the brink of the massif. Naturally, such exchange is possible only with the consent of owners of these land lots. Between them the contract meny which is subject to the notarial certificate and the state registration (to Art. 657 of the Civil code of Ukraine from 16.01.03 of No. 435-IV) consists.
(On Balans-Agro newspaper materials).