Answers of the leading expert KGAUKC by I.Lisovogo on questions of our readers are published.
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Whether registration in BRTI the garden lodge constructed on the land lot, allocated for occupation by gardening are subject? The state act of an ownership right on a site is.
K.Leonov, Simferopol.
Questions of the state registration of fast estate are regulated by the Law of Ukraine About the state registration of rights in rem on fast estate and their restrictions from July 1, 2004 (with changes and additions), the Temporary provision on an order of the state registration of ownership rights on the fast estate, the approved order of the Ministry of Justice of Ukraine from February 07, 2002 (in a part which is not contradicting the Law), the Instruction about an order of carrying out technical inventory of objects of fast estate (it is approved as the order of the State committee of construction, architecture and housing policies from May 04 of 2001 g No. 124).
According to Art. 4 of the Law, obligatory state registration rights in rem on the fast estate being in the territory of Ukraine are subject. By the temporary provision on an order of the state registration of ownership rights on fast estate it is also provided (item 1.6.), that the ownership right on those objects of the fast estate which construction is ended also which is subject to registration are accepted in operation in accordance with the established procedure, in the presence of the materials of technical inventory prepared by BTI which makes ownership right registration on these objects. Registration shoddy constructions, and also the constructions which have not been connected by the base with the earth aren’t subject.
According to Instruction item 2.4, the garden house is the house for summer (seasonal) use, and according to paragraph 7 of section 2 of the same normative document such buildings are subject to technical inventory.
Therefore, if this building possesses above-mentioned signs, it is subject to the state registration for what its technical inventory is made and technical data sheet is made out.
Whether the conclusion of the lease contract of the earth sine die is possible?
O. Kharitonova, page. Dawn, Krasnogvardeysky area
The maximum lease term of the earth as the essential contract provision of rent of the land lot, it is directly established by article 19 of the Law of Ukraine About a ground lease from June 10, 1998, it agrees p.1 to which it is established by the agreement of the parties, but not. can exceed 50 years. By transfer to rent of agricultural holdings for maintaining commodity agricultural production period of validity of the lease contract of the land lots is defined with the period of rotation of the main crop rotation according to land management projects.
On the state act of an ownership right on the earth there is no address of placement of the land lot – in the corresponding column the village and the area is specified simply. Whether bears in itself this fact invalidity of the state act? Whether the street on which the land lot takes place should be specified in the state act?
V. Kovalenko, Simferopol area.
Form of the state act on an ownership right on the earth and an order of its filling are approved, respectively, as the resolution of Cabinet council of Ukraine No. 449 from April 2, 2002, and the Instruction about an order of drawing up, delivery, registration and storage of the state acts on an ownership right on the land lot and the right of continuous using the land lot and earth lease contracts (it is approved as Goskomzem Ukrainy’s order from May 4 of 1999 g No. 43, with the subsequent changes and additions). According to these normative documents, in the state act on an ownership right on the earth the address of the location of the land lot in the column The land lot is located… it should be written down in the following order – the street, the settlement, the area, area. The specified data are brought in the state act according to the title document on the land lot – the purchase and sale contract, meny, donations, certificates on inheritance acceptance, etc., and also branch of the land lot where its borders are displayed. If in these documents the street name on which the site being in limits of the settlement is located, isn’t specified, location of a site is established according to the borders defined by branch of the land lot and its scheme, available in the state act. Therefore, absence of the indication of the name of the street in the address of a site of the land lot in the state act of an ownership right on the earth of invalidity of the specified document doesn’t attract.
I.Lisova, leading lawyer KGAUKC.