The right to perpetual inheritable land ownership is a special property right to land that existed before and is not practically granted at present, but is retained by those individuals who legally acquired it before the changes in legislation. This was reported by the Land Fund of Ukraine, writes agronews.ua.
The actions of state authorities regarding the provision of land plots to citizens for perpetual inheritable ownership have been suspended. However, individuals who acquired this right in accordance with the law have retained it, as the legislation does not contain a provision that would allow the termination of the right to perpetual inheritable land ownership. Therefore, such a right is valid.
This right was provided for in the Land Code of the Ukrainian SSR in 1990.
For a long time, the issue of state registration of the right to perpetual inheritable land ownership remained relevant, as state registrars often refuse to carry out the corresponding registration action, referring, in particular, to the explanations of the Ministry of Justice about the absence of an obligation to carry out such registration and/or that the said right is not subject to state registration, as the right to perpetual inheritable land ownership does not belong to property rights that are subject to state registration in accordance with Article 4 of the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances."
The current Land Code of Ukraine, the Law of Ukraine "On Personal Peasant Farming," and other regulatory legal acts also do not provide for such a form of land ownership as perpetual inheritable ownership.
However, the Supreme Court confirmed that such a right can be recognized by the court and is subject to state registration.
It is worth noting that according to Part 5 of Article 13 of the Law of Ukraine "On Judicial System and Status of Judges," the conclusions on the application of legal norms set out in the decisions of the Supreme Court are binding on all subjects of state power who apply a regulatory legal act containing the relevant legal norm in their activities.
According to paragraph 40 of the decision of the Supreme Court dated May 24, 2024, in case No. 380/16218/22, "the right to perpetual inheritable land ownership is subject to state registration, as the existence of such right in the plaintiff is confirmed by a court decision, therefore such right is subject to state registration in accordance with paragraph 2 of Part 1 of Article 4 of the Registration Law."
Currently, in the State Register of Property Rights to Real Estate, the technical possibility of state registration of the right to perpetual inheritable ownership and the right to permanent land ownership as types of property rights derived from the right of ownership has been implemented.
