The issue of registration of land shares remains relevant for many citizens of Ukraine, especially for those whose land shares are located in the temporarily occupied territories. This was reported by the State Land Cadastre of Ukraine, according to agronews.ua.
A significant number of certificate holders for the right to a land share have not yet allocated land plots in kind (on-site) or formalized ownership rights to them. At the same time, the legislatively established deadline is approaching – January 1, 2028, after which significant legal consequences may arise for such individuals.
What is an unused share?
An unused share is considered a share for which the right is confirmed by relevant documents, but the owner or their heir has not formalized the ownership right to the land plot by allocating it in kind.
It is important to understand that in this case, the person does not have ownership rights to a specific land plot, but the right to demand the allocation of a land plot according to their respective land share.
What will change after January 1, 2028?
According to Article 13 of the Law of Ukraine "On the procedure for the allocation in kind (on-site) of land plots to owners of land shares (shares)," the owner of an unused land share or their heir must formalize the ownership right to the land plot by January 1, 2028.
If the ownership right is not formalized by the specified date, the person may be deemed to have renounced the land plot. Subsequently, the unused land share may be transferred to the communal ownership of the territorial community where the land is located by court decision.
In fact, the legislator aims to complete the long process of reforming collective land ownership and regulate the legal status of lands that have remained unformalized for decades.
What problems arise in the temporarily occupied territories?
For owners of shares located in the temporarily occupied territories, the situation is much more complicated.
In many cases, individuals cannot:
– obtain the necessary documents;
– apply to local self-government bodies at the location of the share;
– order land survey documentation;
– conduct cadastral work;
– allocate land plots in kind;
– complete the state registration procedure of ownership rights.
Thus, owners of certificates may be deprived of the opportunity to exercise their rights not due to their own fault, but due to circumstances beyond their control.
Therefore, the question of applying the consequences provided by the legislation after January 1, 2028, to individuals who could not formalize land rights due to occupation remains debatable and requires separate legislative regulation.
Obviously, temporary occupation of territories and the inability to access the land plot may be significant circumstances that require judicial assessment.
Moreover, the Constitution of Ukraine guarantees the protection of property rights of citizens, and any restrictions on such rights must be lawful, justified, and proportionate to the stated goal.
What should share owners do now?
Even if the share is located in a temporarily occupied territory, resolving the issue should not be postponed until the last years before the end of the established deadline.
It is advisable to:
– check the availability of a certificate for the right to a land share;
– determine if inheritance occurred after the death of the share owner;
– formalize inheritance rights if not done yet;
– obtain available information about the location and status of the lands;
– keep documents confirming the impossibility of formalizing rights due to occupation;
– if necessary, seek individual legal advice on possible ways to formalize rights.
Such actions can confirm that the person did not renounce their right to the land share and, on the contrary, took all possible steps to formalize it.
Are legislative changes possible?
Given the ongoing armed aggression and the significant number of land shares in the temporarily occupied territories, the question of extending deadlines or establishing a special procedure for such cases remains relevant.
It is possible that the legislator will foresee separate mechanisms to protect the rights of individuals who could not formalize land plots due to military actions or temporary occupation in the future.
However, as of today, share owners should rely on the current provisions of the legislation and, if possible, take all available actions to preserve and exercise their rights.
Therefore, the key task for such individuals is to documentarily confirm their rights to the share, formalize inheritance rights if necessary, and record circumstances preventing the completion of the land plot formalization procedure. This may be crucial for further protecting the rights and legitimate interests of land share owners in court.
