Land lease agreement
A land lease agreement is an agreement under which the lessor is obliged to transfer the land plot to the tenant for possession and use for a fee for a certain period, and the tenant is obliged to use the land plot in accordance with the terms of the agreement and the requirements of land legislation.
Due to the suspension of the functioning of the State Land Cadastre and the Unified State Register of Rights to Real Estate, land relations in Ukraine were actually put on hold. At the same time, in recent months, the legislator has decided on a special regulation of land relations.
During the period of martial law, namely from February 24, 2022, a land lease agreement is concluded only in electronic form, and is certified by qualified electronic signatures of the tenant and the landlord.
If it is necessary to draw up an individual land lease agreement, we recommend using the Consultant legal services service to order a turnkey document.
What are the features of a land lease agreement?
According to Article 93 of the Land Code of Ukraine, Article 19 of the Law of Ukraine "On Land Lease", the term of a land lease agreement cannot exceed 50 years.
The term of lease of agricultural land plots for commercial agricultural production, farming, personal peasant farming cannot be less than 7 years.
The term of lease of the above reclaimed lands and on which hydrotechnical reclamation is carried out is at least 10 years. In case of creation of an industrial park on the lands of state or communal property, the land plot is leased for a period of at least 30 years.
Changing the terms of the land lease agreement is carried out:
by mutual agreement of the parties;
in case of failure to reach an agreement - in a judicial proceeding.
Termination of the land lease agreement is made:
with the consent of the parties;
at the request of one of the parties - by a court decision;
unilaterally, if it is provided by law or contract.
The structure of the agreement is quite simple. However, the practice of lawyers is very often filled with support for the conclusion of such agreements. Indeed, it is not so easy to deal with all the provisions and legislative norms on your own.
The structure of the land lease agreement: what to look for?
The essential terms of the land lease agreement are:
object of lease (cadastral number, location and size of the land plot);
date of conclusion and duration of the lease agreement;
rent with an indication of its size, indexation, method and conditions of calculation, terms, procedure for its payment and revision and liability for non-payment.
By agreement of the parties, other conditions may be specified in the land lease agreement. If the contract does not contain at least one of the specified essential conditions, in the future it may be recognized as not concluded in court.
If the land lease agreement provides for the implementation of measures aimed at protecting and improving the leased object, the agreement shall be accompanied by an agreement on reimbursement to the tenant of the costs of such measures.
Therefore, if it is necessary to analyze a land lease agreement or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Land lease agreement template
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