When analyzing the title documents for a land plot, it is important to analyze the entire “history” of such a plot, starting from checking compliance with the requirements of the law during its formation, and checking compliance with the law during each change of the owner or user of the land plot, change of purpose, etc. In practice, there are cases when violations of the land plot alienation procedure committed in the past entail the risks of challenging such agreements in Analysis of existing court in the future and further reclaiming the land plot from the new owner.
For example, in 2023, the Kyiv City Prosecutor’s Office obtained stockholder data through court the cancellation of the state registration of rights and the termination of the lease agreement for a communal land plot located in the Holosiivskyi district of Kyiv, on which a residential complex had been under construction for a long time. Of course, such a situation calls into question the further fate of the construction project and turns the construction object into a “long-term construction”.
When studying title documents
It is very important to check all existing restrictions and encumbrances on the use of the land plot, such as arrests, pledges, registered easements, etc. For this, it is important to obtain information from the State Register of Real Property Rights to Real Estate, as well Analysis of existing as information from the State Land Cadastre. At the same time, it is important to check not only the current information at the time of the inspection, but also email collection: 17 best practices to exponentially to analyze all past restrictions and encumbrances, establish the grounds for their removal, etc. Rarely, but there are cases when unscrupulous sellers “take” a land plot out of arrest or mortgage for several days with the aim of selling it quickly, and the new owner of the land plot subsequently becomes a hostage to lawsuits and criminal proceedings instead of implementing a construction project.
If the results of the legal audit of the land plot do not reveal any violations of legal requirements, it is worth paying significant attention to the following stages of the inspection.
Audit of urban planning documentation
This stage of the land audit is the most important, because it helps to understand clean email whether it is possible to implement the desired construction project on the selected land plot. It is important to understand that a legal inspection of the land plot without an audit of urban planning documentation will not be able to provide a clear understanding of the possibility or impossibility of implementing the development intentions. What documents are important to pay attention to?
First of all, it is important to establish whether there is approved urban planning documentation in the settlement (or outside it) within which the selected land plot is located. To do this, you need to check the current general plan of the settlement or the comprehensive spatial development plan of the territory (if available), the detailed plan of the territory (if approved), the zoning plan of the territory, etc. If urban planning documentation is available, it is worth delving into its study and checking the following.