The anti-raiding office of the Ministry of Justice of Ukraine informs about the steps that must be taken to sell agricultural land outside of land auctions if there is a preemptive right to purchase.
In particular, such a sale (conclusion and notarization of the sales contract and state registration of the transfer of ownership from the seller to the buyer) will be preceded by several legally defined stages.
First of all, the owner must register in the State Register of Property Rights to Immovable Property and their Encumbrances (DRRP) the intention to sell the land no later than 2 months before the date of concluding the contract of its purchase and sale.
The application for registration of such an intention is submitted to the notary, who will notarize the contract of sale:
• along with the draft of such an agreement;
• if there is an open section in the Land Registry with the assignment of a registration number to the land plot.
State registration of termination of the specified intention of the owner of agricultural land to sell it is carried out without submitting a corresponding application for state registration of termination of encumbrance at the same time as state registration:
• acquisition by the new owner of the right of ownership of such a plot of land;
• new intention of this owner regarding the sale of this land.
The notary within three working days informs (by a valuable letter with a description of the investments and a notice of delivery or in person with a receipt) the subjects of the preferential right about such an intention of the owner of the land.
The subject of the preferential right is considered to have been notified of the stated intention of the owner also in the case of:
1. his refusal to receive a message about which there is a corresponding mark;
2. if the message was returned to the notary in connection with the expiration of the established storage period.
In the future, the subject of the preferential right to purchase agricultural land must notify (by a valuable letter with a description of the investments and a notice of delivery or in person under a receipt) the notary about the desire to use such a preferential right.
A notary public within one month from the date of receiving from the subject of the preferential right of purchase a notification of the desire to exercise this right:
1. in agreement with the seller of the land, appoints the day and time of concluding the contract of sale;
2. informs (by a valuable letter with a description of the attachments and a notice of delivery) about the appointed day and time of concluding the contract of sale of the subject of the preferential right to purchase the land plot, who has expressed a desire to exercise this right.
The subject of the preferential right is considered to have waived his preferential right, if within a month from the day when he was duly notified by the notary about the intention to sell the land plot, he did not properly notify the notary of his desire to use the preferential right, refused to conclude a contract for the sale of the land plot, did not appear for the conclusion of such a contract on the day and time appointed by the notary (on the condition of receiving a notice of delivery of the subject of the preferential right notice of appointment of the date and time of conclusion of the contract of sale or notice of refusal to receive such notice or if the notice is returned to the notary in connection with the expiration of the prescribed storage period).
The specified procedure does not apply to the sale of agricultural land:
• to the subject of the first priority right to purchase it;
• to the subject of the preferential right to purchase it in the second tier, provided that the subject does not have such a right to purchase in the first tier or in the event that he gives a written refusal to exercise his preferential right;
• sale by a co-owner of a land plot of a separate share in its ownership to another co-owner.
Source: Anti-Raiding Office of the Ministry of Justice of Ukraine