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Can One Co-Owner Terminate a Land Lease Agreement?
What should be done if two co-owners of a land plot have different views on a lease agreement: one is satisfied with the arrangement, while the other believes that the tenant is violating the terms of the contract?
Artem Ripenko, Partner at the DE-JURE Law Firm, Head of the Forensic and Land Law Practice, Attorney-at-Law, and Doctor of Law, explains the issue.
According to Ukrainian legislation, including the Civil Code, the Land Code, and the Law of Ukraine “On Land Lease,” co-owners of a land plot as an object of civil rights may lease it out only by mutual consent. Individual shares of the land plot are not personalized or physically allocated on the ground.
Termination of a land lease agreement requires the consent of all co-owners, regardless of whether the land plot is held under joint ownership or shared ownership. If a dispute arises between the lessors, it must be resolved through court proceedings. The tenant may also be involved in the consideration of the issue regarding the future lease of the land plot.
