How do I obtain the right to use someone else’s land?

It is not always possible to purchase land for construction or agricultural purposes. There may be many reasons for this, but there is a way out of such a situation. In Ukraine, there are legal instruments that make it possible to carry out construction and agricultural work on someone else’s land on a lawful basis.

Ways to obtain the right to use someone else’s land

There are three ways to use someone else’s land for personal purposes (excluding leasing). Let us list them:

• Superficies – the use of someone else’s land for construction. The intended purpose of the plot may be for the construction of a holiday home or a residential house. The basis for registering rights of use may be a contract or a will. The latter case is the most interesting: the landowner bequeaths the land plot to one relative and the right to build on it to another.
• Emphyteusis – the use of another person’s land plot for agricultural work. Whilst there was a moratorium in our country on the sale and purchase of state- and municipally-owned land plots, land users made frequent use of emphyteusis agreements. Due to recent changes in land legislation, the need for this legal instrument may no longer apply. The right of use under an emphyteusis agreement arises upon the conclusion of the contract.
• An easement is a limited right to use another person’s, most often a neighbour’s, plot of land. Such a need may arise during repairs on the plot or when laying utility lines that have to pass through neighbours’ land. If it is not possible to reach a verbal agreement by mutual consent, the right of easement is used. It is established on legal grounds if the needs of other parties cannot be met in any other way.

It should be noted that superficies and emphyteusis agreements only become legally binding once they have been registered.

To choose the right legal instrument, it is best to consult an experienced specialist. At Svarog, you can seek advice on your specific situation and find the right solution.