Do I need to conclude any additional contracts after the lessor's death?

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According to the current contract, I have the right to use the land for several more years. Do I need to conclude any new or additional contracts with the heirs?

25.07.2023 21:02 632

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Photo of lorina200215 Lorina Fedan

In part 4 of Art. 32 of the Law of Ukraine "On Land Leasing" provides that the transfer of ownership of a leased land plot to another person (including in the case of inheritance) is not a reason for changing the conditions or terminating the contract, unless otherwise provided for in the land lease contract.

In order to find out whether the land lease agreement remains valid, the tenant must carefully study the text of the agreement.

If the lease agreement does not contain a clause on its termination with the death of the lessor - the owner of the land, such an agreement continues to be valid. The heirs acquire the rights and obligations of the lessor under the land lease agreement by virtue of the very fact of their acceptance of the inheritance. That is, there is a replacement of the party in the obligation.

Therefore, the tenant has the right to use the land on the basis of the contract concluded with the testator, without concluding an additional agreement on the replacement of the lessor party.

25.07.2023 22:06

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