Acquisition of Ownership over Certain Categories of Vacant Property

Abstract

Problematic issues that may arise when acquiring ownership over certain categories of vacant property, both movable and immovable, are investigated and analyzed. Possible legal difficulties in practical solution of issues related to the acquisition of ownership over vacant real estate, which is located on land plots of public or private ownership, are investigated. Problematic issues related to the transfer of property rights to the land plot on which the vacant real estate is located, during the conveyance of this property to communal ownership, are analyzed. According to the results of the study, possible ways to solve these difficulties are proposed, taking into account the provisions of Art. 120 of the Land Code of Ukraine. The author substantiates the possibility of legislative consolidation of the institution of acquisition of ownership over vacant real estate by the owners of land on which such property is located. The researcher formulates possible wording of changes and additions to Art. 335 of the Civil Code of Ukraine which would introduce the institution of transfer of vacant real estate both to public, and to private property. Such changes could enable the creation of legal preconditions for conveyance of property rights to land plots to communal ownership, which under the provisions of the Land Code of Ukraine cannot be transferred to communal ownership or used by territorial communities. The issue of acquiring ownership over vacant real estate is considered bearing in mind the inadmissibility of creating legal grounds for acquisition of ownership over spontaneously constructed real estate. In addition, the possibility of acquiring ownership over various categories of vacant property is studied. According to the results of the study, the author proposes a possible procedure for acquiring ownership over property, real rights and their encumbrances which are not subject to state registration in accordance with the Law of Ukraine «On State Registration of Real Rights to Immovable Property and Their Encumbrances».