During Ukraine’s independence, the land legislation underwent hundreds of changes. The concept of collective ownership has long since disappeared from the legal plane, but the problem of land shares and their allocation in kind remains a sore point for many members of the former KSP, reorganized or liquidated today. But that’s half the battle. A bigger problem arises when inheriting such a share. The issue is especially complicated if all the documents for the land have not been drawn up, or the process of allocating a share of the land in kind has been launched, but the state act on the right of private ownership of the land plot has not been received.
If there is a certificate of the right to a plot of land (share)
If you are faced with registration of an inheritance for a share, first of all, you should find out whether the testator was issued a certificate for the right to a plot of land (share). If there is a certificate – great! The process of registration of inheritance is made several times easier. In accordance with the legislation, the certificate is the main legal document on the basis of which it is possible to inherit the right to a share.
Such certificates were issued by order of the relevant district state administrations at the location of the land of the relevant KPS and were registered by them. If it is not known whether the testator received such a certificate for the land, you should contact the relevant district state administration at the location of the land share and find out. In case of loss of such a certificate, you can get its duplicate.
Having a certificate of the right to a share, the heir must submit an application for its acceptance to the notary office within six months from the day of the opening of the inheritance (that is, the day of death). You can contact any notary: both public and private, but only at the place of opening of inheritance (last place of residence of the testator).
To register the inheritance, the notary must provide:
- certificate for the right to a land share (share);
- death certificate of the testator;
- a document confirming the existence of family ties between the heir and the deceased (birth certificate, marriage certificate) or a will;
- passport and identification code of the heir;
- pension certificate of the testator (if the deceased was a pensioner);
- a document confirming the place of opening of the inheritance (certificate on the composition of the family, entry in the house book, etc.).
If the six-month period has expired and the heir did not live with the testator, then in order to accept the inheritance, it is necessary to apply to the court for renewal of the period for applying to the notary.
If there is no certificate of the right to the land plot (share).
If the heir does not have a certificate for a land share, the right to a share must be established in court. In such a situation, it is necessary to apply to the court at the location of the land share for recognition of the right to the land share in the order of inheritance. The defendant in such cases will be the village, township city council, if the disputed land plot is currently owned or used by it, the KSP, if it is reorganized into another organizational form and retains the ownership of the land, or the district state administration. As a third party, the relevant territorial administration of the State Geocadastre should be involved. Be prepared that the court, when considering such cases, establishes the following circumstances:
- presence of the testator on the day of his death of the right of ownership of the land share, which can be inherited according to the law;
- the testator’s membership in the KSP after de-soldering the land in it.
The court should be provided with as much evidence as possible that will confirm the right of the heir to the share. Such documents can be:
- work book of a KSP member or a notarized extract from it;
- the decision of the relevant Council of People’s Deputies on the issuance of a state act on the right of collective ownership, issued to a specific KSP;
- state act on the right of collective ownership, issued to a specific KSP;
- lists attached to the state act on the right of collective ownership;
- the order of the district state administration on issuing a certificate of the right to a land plot (share);
- any other documents confirming the membership of the testator in the KSP after the sale of land in it.
At the same time, if the testator was not included in the list attached to the state act of collective land ownership for any reason, but he was a member of the KSP at the time of the transfer of the land to collective ownership, he still has the right to a land share.
But! Please note that when the court considers such cases, the legislation that was in effect at the time of the existence of the relevant legal relationship, i.e. the old Central Committee of the Ukrainian SSR, according to which the statute of limitations is 3 years, and violation of this term is grounds for rejecting the claim. This means that if three years have passed since the testator’s death, you are unlikely to be able to get a decision in your favor and recognize the right to share. The only way out is to petition the court to renew the statute of limitations and to prove the reasons why you missed it.
What to do after registration of inheritance for a land share (share)?
After accepting the inheritance, you should apply to the relevant village, township, city council (if the land is located within the boundaries of settlements) or the district administration (if the land is located outside the boundaries of settlements) with an application for the allocation of a land share in kind in the area. As a result of allocating a share in kind, you will receive a state deed on ownership of the land plot.
Please note, even if it is impossible to provide a land share from the collective property due to the lack of land necessary for this or in the case of unsoldering all the lands of the KSP and allocating them in kind in the area, you have a guaranteed right to receive a land plot from the reserve (stock) lands. That is, all denials of the village, settlement, city council or district state administration about the lack of free land are groundless and can be challenged in court.
Inheriting a land share (share) seems to be a difficult, but quite real and successful business. If you have problems with the inheritance of a share and the heir did not leave you a certificate for the right to a share, involve a qualified lawyer in the case, who will help you inherit a plot of land from a deceased relative without unnecessary problems and delays.
Anastasia Belikova
attorney’s assistant – practice partner
judicial representation
Bachynskyi and Partners JSC
Natalia Zhemanova
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