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HOW TO USE SOMEONE ELSE’S LAND
You can use someone else’s land legally only if you have a corresponding right derived from ownership.
Unauthorized use of another person’s land plot may result in a fine or even criminal liability. This issue was explained in detail by a partner of the legal company “DE-YURE”, head of the forensic and land law practice, attorney, Doctor of Law Artem Ripenko.
The most common property right to land plots is the right of lease, which is formalized on the basis of a contract between the owner and the user and is subject to state registration. Ukrainian legislation also provides for limited rights:
- superficies;
- emphyteusis;
- easement.
The content of these rights, as well as the procedure for their acquisition and registration, is described in the Land Code and Civil Code of Ukraine, the Law “On Land Lease”, and the Law “On State Registration of Property Rights to Immovable Property and Their Encumbrances”. For land plots, it is also necessary to develop land management documentation in order to conclude the relevant agreement and subsequently register the right of use.
In certain cases — for example, when carrying out geological surveying work under an agreement with the owner or temporary storage of property — land plots or their parts may be used on the basis of contractual obligations. However, in practice, the use of such contractual rights is controversial and very limited.
Thus, in order to lawfully use someone else’s land plot, it is advisable to consult a qualified lawyer and properly execute the necessary documents confirming the relevant right.
