Detailed answers are given and the list of used regulations is presented.
1. The land lot wasn’t issued in time by the successor and according to a judgment carried over local government body. Whether it is possible to transfer to the possession in case of the announcement of the successor of it the earth back?
2. It is necessary for whom to pay a rent from the moment of inheritance opening – to local government body or the successor?
1. Yes, the land lot it is necessary to transfer to the possession of the successor, but at observance of certain conditions. Poyasyonim told in more detail.
As the successor didn’t accept inheritance in due time, in a year after its opening it was recognized by court vymorochny. On a judgment osnoyovaniye the land lot carried over local government body (Art. 1277 of group of companies).
If the appeared successor passed term for inheritance acceptance on valid prichine, on the basis of its claim court according to h. Dopolnitelyyony term, sufficient for filing of application about inheritance acceptance can define 3 Art. 1272 of group of companies to it.
After filing of application successor, as preyodusmotreno h. 2 Art. 1280 of group of companies, have the right trebovat of transfer to it the land lot, pereyoshedshy as heirless property in a local government body sobyostvennost, in nature. If it will appear that by this time the land lot was sold by local government body, the successor has the right to monetary compensation.
2. The earth lease contract (if in it is mute isn’t specified other) doesn’t stop the action in svyazi with death of the individual – the lessor. Transition of an ownership right to the arendovanyony land lot to other person also isn’t the basis for change of conditions or contract cancellation (Art. 32 of the Law on a ground lease). According to Art. 770 of group of companies of the right and a duty of the lessor pass to the new owner of the land lot.
As it is specified in Art. 1268 of group of companies, inheritance prinadlezhit to the successor since nasledyostvo opening (that is from the date of death of a nasledodatel), nezavisimo from inheritance acceptance time. And it means that after death of the lessor it is necessary to pay a rent to the successor – to the new owner of the land lot.
List of documents
1. Group of companies – the Civil code of Ukraine from 16.01.03 of No. 435-IV, with changes.
2. The law on a ground lease – the Law of Ukraine from 06.10.98 of No. 161-XIV "About a ground lease" in edition of the Law of Ukraine from 02.10.03 of No. 1211 – IV, with changes.