During registration actions regarding the termination of the right to lease land, according to Olena Antoniuk, deputy head of the Office for Combating Raiding at the Ministry of Justice, attention should be paid to the fact that in case of changes to the contract or its termination, a legal evaluation should be given to the terms of the lease contract, as the parties have the right to provide that the agreement on termination or change of the contract is subject to notarization.

When considering applications to terminate the right to lease land, it should be taken into account that the land lease agreement can be terminated in three cases:

– by agreement of the parties;

– by court decision (at the request of one of the parties);

– unilaterally (by unilaterally withdrawing from the contract), if this is expressly provided for by law or contract.

In the case of submission for state registration of the termination of the right to lease, the content of the court decision must be evaluated for establishing the termination of such right.

When it comes to the state registration of the termination of the right to lease a plot of land on the basis of a unilateral statement of its owner, the terms of the contract should be analyzed.

In particular, to establish whether he has the right to such a unilateral refusal and the mechanism for its implementation, in order to find out whether the documents submitted for state registration make it possible to establish the termination of the real right to immovable property.

The transfer of the ownership of the leased land plot to another person, as well as the reorganization of the legal entity – the lessee, are not grounds for changing the conditions or terminating the agreement, unless otherwise provided for in the land lease agreement.

If the contract stipulates that the specified circumstances are the basis for its termination, then after the change of the owner of the land plot, the following points must be taken into account:

• the lease agreement does not automatically terminate;

• the new owner of the land plot, by virtue of the requirements of the law, acquires the status of a lessor with the rights and obligations due to the lessor under the contract;

• the party to the contract who wants to terminate it, in the absence of such a desire on the part of the other party, has the right to apply to the court with the corresponding demand.

Source: Anti-Raiding Office of the Ministry of Justice