Rights to use someone else’s land in 2026: lease, emphyteusis, superficies, easement

Four instruments allow the lawful use of someone else’s land: a lease, emphyteusis for agricultural purposes, superficies for building, and an easement for limited access. Emphyteusis and superficies over state or municipal land are capped at 50 years, and the right arises only on state registration, which costs 170 UAH and takes five working days.

Article 102-1 of the Land Code sets a ceiling of 50 years for the right to use another’s land for agricultural purposes and for building on state and municipal plots. A contract that is not registered in the State Register of Real Property Rights remains merely an obligation between the parties and does not protect the user against a new owner of the land.

The need to build on or farm land you cannot buy comes up constantly: the plot belongs to a neighbour, to the city, to relatives in an estate, or to the state. The Civil and Land Codes give a separate instrument for each of those situations, and the choice between them affects the term, the price and whether the right can be passed to someone else.

Four lawful ways to use someone else’s land

A lease remains the commonest option and is governed by the Law of Ukraine “On Land Lease” No. 161-XIV. The tenant takes the plot into fixed-term paid possession and use, and the term may not exceed 50 years. For agricultural land granted for commercial production, farming or a private household plot the law sets a floor of 7 years, and for reclaimed land 10 years.

Emphyteusis under Articles 407–412 of the Civil Code gives the right to use another’s land specifically for agricultural purposes. It arises from a contract, is transferable and passes by inheritance, so in practice it works as a long-term asset. Superficies under Articles 413–417 creates a right to build: the structure put up belongs to the builder even though the land beneath it belongs to someone else.

An easement under Articles 401–406 of the Civil Code and 98–102 of the Land Code solves a narrower problem: access to your own plot, laying a water pipe or cable across a neighbour’s land, putting up a support. A land easement may be permanent or for a fixed term, and it does not deprive the owner of possession, use or disposal of the plot.

How long it lasts and what it costs

State registration of another real property right costs 0.05 of the subsistence minimum for working-age people, which after rounding is 170 UAH in 2026, and takes five working days. Expedited registration costs more at separate rates. The court fee on a claim to establish an easement is 1,331.20 UAH for an individual, and the cost of legal help is on the page of legal service prices.

State and municipal land: what is different

A plot belonging to the state or a community cannot usually be obtained by simple agreement. Article 134 of the Land Code requires land auctions, and the right of lease, emphyteusis or superficies over such plots is sold at auction in the electronic system. The exceptions are listed in that article and cover, among others, plots beneath structures the applicant already owns.

An easement over state or municipal land is imposed by the relevant authority’s decision, or by a court where the authority has refused without good reason. The same rule applies as for private plots: the person’s needs cannot be met any other way. Where the land lies under a private house, the better answer is often not use but privatising the plot, after which the owner depends on nobody.

Registering the right, step by step

1. Check the plot’s designated purpose on the Public Cadastral Map. Emphyteusis is possible only on agricultural land, and superficies only on plots where building is allowed by the designation.
2. Order an information certificate from the State Register of Real Property Rights. It shows the owner, current encumbrances, attachments and any rights of other users already registered.
3. For state or municipal land, file the application and wait for the land auction, unless the case falls within the exceptions in Article 134.
4. Agree the essential terms: the subject matter, the term, the amount and timing of payment, rights to build or to take the harvest, and how the right ends. Notarisation is not compulsory, though either party may insist on it.
5. Register the right in the State Register of Real Property Rights within the period agreed in the contract. The administrative fee is 170 UAH and the standard term is five working days.
6. If the owner refuses an easement and there is no other access or route for utilities, file a claim. The court establishes the easement and sets its terms, including the payment.

Typical mistakes land users make

• Signing the contract and not registering the right. Until registration the user is protected only against the owner themselves, and once the plot is sold the new owner can demand the land back.
• Choosing emphyteusis for building. The designated purpose of agricultural land does not permit construction, so the structure cannot later be commissioned.
• Agreeing payment “as arranged” with no formula. A few years on the parties cannot agree the figure, and the matter ends in court.
• Starting work before the permits are in place. The right to build under superficies does not replace the planning conditions and the notice of commencement, so a separate building permit is needed.
• Forgetting the grounds on which the right ends. Superficies ends, among other things, where the plot is not used for building for three consecutive years, and recovering the right after that is hard.

When you do not need a lawyer

Where the owner accepts your terms, the designated purpose matches the intended use and the contract is short and standard, everything can be arranged alone through an administrative service centre or a notary. Nor does registering an easement that neighbours have amicably agreed and signed require one. Help from a land lawyer is justified where the plot is state-owned, where the owner refuses access, or where capital construction with a long payback is planned on the land.

Questions and answers

How does emphyteusis differ from a land lease?

Emphyteusis is exclusively for agricultural purposes, is transferable and passes by inheritance, so it is sold as an asset in its own right. A lease is governed by its own statute, covers any designated use, and for agricultural land has a minimum term of 7 years.

How long can a superficies contract run?

For state and municipal plots the ceiling is 50 years under Article 102-1 of the Land Code. For private land the parties may set the term themselves or make the contract open-ended.

Must an emphyteusis contract be notarised?

The law does not require notarisation, though the parties may agree on it. What gives the right force against third parties is state registration in the State Register of Real Property Rights.

What does registering a right of use cost?

The administrative fee for registering another real property right is 0.05 of the subsistence minimum for working-age people, that is 170 UAH in 2026. The standard registration term is five working days.

What if a neighbour blocks access to my plot?

First send a written proposal for an easement agreement setting out the route and the payment. If they refuse, file a claim: the court will establish the easement where the owner’s needs cannot be met any other way.

Can a right of emphyteusis be sold?

Yes, the right to use another’s land for agricultural purposes may be transferred and inherited. The landowner has a pre-emption right over other buyers.

Who owns a house built under superficies?

The structure belongs to the builder, and the land remains the plot owner’s. That is the main practical difference between superficies and a lease for building.

Can a municipal plot be obtained without an auction?

Article 134 of the Land Code contains a closed list of exceptions to the auction rule, and each case is checked separately. Most often the exception applies to plots beneath structures the applicant already owns.

What happens if a superficies plot is not used?

Not using the plot for building for three consecutive years is a ground for ending the superficies. The landowner can initiate that, and the construction would have to be arranged afresh.

Does the right of use survive a sale of the plot?

A registered right of use binds the new owner and does not end when the land changes hands. That is why registration matters more in practice than the text of the contract itself.

Sources

• Civil Code of Ukraine, Arts. 401–417 on easements, emphyteusis and superficies — zakon.rada.gov.ua
• Land Code of Ukraine, Arts. 98–102-1, 125, 134 — zakon.rada.gov.ua
• Law of Ukraine “On Land Lease” No. 161-XIV, Art. 19 — zakon.rada.gov.ua
• Law of Ukraine “On State Registration of Real Property Rights and Their Encumbrances” No. 1952-IV — zakon.rada.gov.ua
• Public Cadastral Map of Ukraine — e.land.gov.ua

Rights over another’s land with Svarog

We check the plot’s designated purpose and encumbrances, choose the instrument that fits your aim, draft the emphyteusis, superficies or easement contract, support your participation in land auctions and handle the registration. If the owner refuses access or a route for utilities, we prepare the claim and run the case to judgment. A consultation costs from 1,500 UAH, drafting the contract from 5,000 UAH and court representation from 10,000 UAH.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00