Nuances of inheriting the land under the house

The introduction of the principle of unity of land and the property located on it significantly facilitates dealing with problems associated with the transfer of rights to such real estate objects.

By Article 119 of the Land Code of Ukraine and Article 1225 of the Civil Code of UkraineЦивільного кодексу України, in case of the inheritance of the right of ownership to a residential building or other building or structure by a person, the ownership right and the right to use the land on which inherited objects are located, as well as the land necessary for its maintenance, will be transferred to that person.

It is also should be mentioned that according to paragraph 10 of the resolution of the Plenum of the Supreme Court of Ukraine “On judicial practice in matters of inheritance” dated May 30, 2008, No.7, a land plot becomes the property of the person who inherits buildings or structures on the condition that the previous owner did not write a will about the distribution of a land plot he owned at the time of making the will.

However, even if the previous owner would bequeath the entire land plot to another person than the one who inherited a house, other building or structure, the heir of the house would still have the right to own a part of the plot on which his property is located, and to a part that is necessary for its maintenance.

Taking to account that the inheritance of the house is carried out with a simultaneous inheritance of the land plot, the separation of land and real estate located on it would not only contradict the nature of things but also create various difficulties.

The authors of the Scientific and Practical Commentary to the Land Code of Ukraine expressed an interesting opinion: It is entirely irrelevant who owns a land plot because it is in fact owned and operated by the owner of the real estate located on it.

As a general rule, if a building is inherited, the ownership of the entire land plot under this building is transferred to the heir.

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