I rent a plot of land from my aunt under a verbal agreement...

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I rent a land plot from my aunt under a verbal contract. She warned me that she would sell this plot, but I would harvest it only after four months. What guarantees can I get from her or the new owner that nothing will happen to my crop (the new owner will not harvest)?

01.08.2023 19:17 745

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Photo of sikorsky.y.o Yaroslav Sikorsky

Currently, there can be no guarantees, since according to the Law of Ukraine "On Land Lease" the contract is not considered concluded, according to the following.

The Law of Ukraine "On Land Leasing" defines the conditions for concluding, changing, terminating and renewing a land lease agreement.

According to Art. 14 of the Law of Ukraine "On Land Leasing", the land lease agreement is concluded in writing and, at the request of one of the parties, may be notarized. The standard form of the land lease agreement is approved by the Cabinet of Ministers of Ukraine.

Analyzing the above, it should be concluded that the land lease agreement is a deed concluded between the owner of the land plot - the lessor and the natural or legal person - the lessee in writing, according to which the lessor is obliged to transfer the land plot to the lessee for a fee in possession and use for a certain period, and the lessee is obliged to use the land plot in accordance with the terms of the contract and the requirements of land legislation.

The ground for invalidity of the deed is non-compliance by the party (parties) at the time of the deed with the requirements established by parts one, three, five and six of Article 203 of the Civil Code of Ukraine, as provided for in part one of Article 215 of the Civil Code of Ukraine.

Therefore, an oral land lease agreement is considered invalid, as it must be concluded in writing.

You need to enter into a duly executed land lease agreement with the land owner.

02.08.2023 10:22

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