Abstract

The information discussed relates to the legal aspects of mortgaging land plots located in Ukraine. The joint ownership of land implies the division of the land plot into shares between co-owners. A land plot may be mortgaged with the consent of all co­owners in accordance with the current legislation of Ukraine, namely the Civil Code of Ukraine, the Land Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Mortgage”, the Law of Ukraine "On Notaries”.
 The designated purpose of a land plot plays an important role in its use for intended purpose; if the land plot is used for another purpose, it is necessary to change the designated purpose based on the current legislation of Ukraine. Changing the designated purpose of a land plot can be a complicated process and requires good reasons. In particular, agricultural land plots may be pledged only by banks with a relevant license.
 According to the applicable laws of Ukraine, mortgagors are not restricted in their rights in connection with the signing of the mortgage agreement and have the right to use the land plot for its intended purpose, to construct houses, estates, buildings, etc. on the mortgaged land plot, unless otherwise provided for in the agreement. In the case of a mortgage of land plots with existing buildings, structures and plantations owned by third parties, their rights and obligations may be transferred to the mortgagee upon foreclosure on such land plot only in the event of failure to comply with the terms of the loan and mortgage agreement.
 When entering into a mortgage agreement, under the current legislation of Ukraine, the said agreement must be notarized. The documents required for the notarization of a mortgage agreement for a land plot include the location, composition and designated purpose of the plot, its value and title, etc.
 When reviewing this information, it is important to keep in mind that a mortgage on a land plot has its own specific restrictions and requirements based directly on the current legislation of Ukraine.

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