Publication date: 09.06.2024
Registration of land ownership: procedure and problems in practice
Introduction
Land titling is a key element in the land relations system, especially after the opening of the agricultural land market in Ukraine. The relevant procedure should ensure the legality and transparency of the transfer of rights to land plots. Despite the existence of clear legislative provisions, in practice, problems often arise with land titling.
The procedure for registering land ownership
Initial registration of a land plot:
- Determining the boundaries: The first step is to determine and fix the boundaries of the land plot in kind (on the ground). This is carried out by a land surveying organization with the preparation of relevant technical documentation.
- Cadastral number: Each land plot is assigned a unique cadastral number, which is entered into the State Land Cadastre.
Documentation:
- Title document: After the boundaries are determined and a cadastral number is assigned, the owner receives a title document, which can be a state act, a purchase and sale agreement, an exchange, a gift, etc.
- Notarization: In the case of a sale and purchase agreement or other agreement providing for the transfer of ownership, the document must be notarized.
State registration of property rights:
- Submission of an application: A person who has acquired ownership of a land plot must submit an application for state registration of rights to the relevant state registration authority.
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- Verification of documents: The state registration authority checks the submitted documents for compliance with the law.
- Entering the register: After verification, the new owner's data is entered into the State Register of Real Property Rights, which is confirmed by a corresponding extract from the register.
Problems in practice
Bureaucratic obstacles:
- Length of procedures: Property registration can be delayed due to the lengthy process of verifying documents and processing applications at state registration authorities.
- Lack of coordination: Lack of effective coordination between different government agencies can lead to delays and errors in registration.
Errors in the documentation:
- Inaccuracies in cadastral data: Incorrect determination of land plot boundaries or errors in cadastral data may result in refusal to register property rights.
- Incorrect execution of title documents: Deficiencies in the content of contracts or other documents of title may require their correction or re-notarization.
Legal conflicts:
- Disputes over ownership: Disputes between applicants for a land plot can delay the registration process. Such disputes are often resolved in court, which requires additional time and resources.
- Inconsistency of legislative norms: Sometimes legal acts contain contradictory provisions, which complicates the process of property titling.
Conclusion.
Land titling is a complex and multi-stage process that requires careful compliance with legal requirements. Despite the existence of clearly defined procedures, various problems arise in practice due to bureaucratic obstacles, errors in documentation and legal conflicts.
