Article | Problem of Synchronization of Legal Regimes of Land and Non-Land Immovable Property in Ukraine |
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Authors | Kulynych P. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2016 |
Pages | 152 - 158 |
Annotation | It is pointed out, that legal status of immovable property is defined by provisions of two independent branches of legal system of Ukraine, namely by civil law and land law. Such regulation prompts appearance of dissociation of legal rights to immovable, under which legal rights to land plot belongs to one person, but legal rights to building or construction,located at the land plot, belongs to another person. Unfortunately the dissociation of legal rights to immovable leads to violation of ownership and use rights to both land plots and building and constructions in Ukraine. That is why Ukrainian legislator has tried to solve the problem of dissociation of legal rights to immovable property on the basis of concept of single legal destiny of land plot and building and construction which are located on the land plot. The concept stays upon that both building and construction and land plot under the building and construction should be in ownership of one person. However the problem of dissociation of legal rights to immovable property is far from finding of a proper solution of it. So at practice many owners often face the situation when they have to bring very high operational cost when trying to acquire or sell their buildings and land. The author of the article proposes to solve the problem of dissociation of legal rights to land plots and buildings and constructions on it on the base of another concept which is called the concept of synchronization of legal regimes of land and nonland immovable property. This concept provides that firstly land plot and building and/or construction on it should belong on ownership right to one person, and secondly an owner of such land plot and building and/or construction should be allowed to acquire and sell them simultaneously. In this connection it is propose to introduce changes into article 120 of Land Code of Ukraine, the part one of which should be put on as follow: Transfer of ownership rights to living house, building or construction located on land plot which belongs to the owner of the living house, building or construction should be done simultaneously with transfer to new owner of living house, building or construction. However improvement of legal regimes of land plots and living house, building or construction should not create full prohibition of appearance of dissociation of legal rights to immovable property in cases when the dissociation is necessary and desirable for owners land and other immovable property. Such cases may take place when living house, building or construction is erected on land plots of other persons. But the dissociation of legal rights to immovable property should be allowed as exclusion which supports a general rule of synchronization of legal regimes of land and non-land immovable property. |
Keywords | land, building, construction, legal regime, synchronization. |
References | |
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