Publication date: 09.06.2024
Registration of inheritance to land plots: legal aspects and problems
Introduction
Land inheritance is an important aspect of the legal regulation of land relations in Ukraine. The procedure of inheritance of land plots is regulated by the Civil Code of Ukraine, the Land Code of Ukraine and other legal acts. In this article, we will consider the main legal aspects of inheritance of land plots, as well as the problems that may arise in practice.
Legal aspects of inheritance of land plots
The procedure for inheriting land plots:
- Inheritance by will: In the case of a will, the inheritance passes to the persons named in the will. A will must be made in writing and notarized.
- Inheritance by law: If there is no will or it is invalid, the inheritance passes to the heirs by law in the order of priority established by the Civil Code of Ukraine.
The procedure for accepting an inheritance:
- Application for acceptance of the inheritance: The heir must submit an application for acceptance of the inheritance to the notary at the place of opening of the inheritance within six months from the date of opening of the inheritance.
- Issuance of a certificate of inheritance: Upon expiration of the six-month period, the notary issues a certificate of inheritance, which is the basis for state registration of ownership of the land plot.
State registration of ownership of a land plot:
- Submission of documents to the State Registrar: The heir submits the certificate of inheritance and other necessary documents to the State Registrar for state registration of ownership of the land plot.
- Obtaining an extract from the State Register of Real Property Rights: After registration, the heir receives an extract from the State Register of Real Property Rights, which confirms his or her ownership of the land plot.
Problems of registration of inheritance to land plots
Lack of title documents:
- Loss or absence of documents: Often, heirs face the problem of the absence or loss of title documents to a land plot, which complicates the inheritance procedure.
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- Inconsistency of data in the documents: Sometimes the data in the title documents may not correspond to the actual characteristics of the land plot, which requires additional procedures to clarify them.
Disputes between heirs:
- Discrepancies in the testator's will: The absence of a clear will or ambiguity in its wording can lead to disputes between heirs over the distribution of inheritance.
- Conflicts over the distribution of land plots: Heirs may have different views on the distribution of land plots, which can lead to conflicts and litigation;
- disputes.
The complexity of the state registration procedure:
- Bureaucratic obstacles: Inheritance of land plots can be accompanied by significant bureaucratic obstacles, including the need to collect a large number of documents and undergo numerous procedures.
