THE PROBLEM OF DIVERSITY OF LEGAL RELATIONS BETWEEN LAND AND BUILDINGS AND STRUCTURES LOCATED ON IT

Abstract

Article is devoted to problematic aspects of ensuring the automatic transfer of ownership of land to the purchaser of the building (structure), since the transfer of land rights and the transfer of buildings and structures rights located on it occurs according to different procedures. Moreover, transfer of land rights is much longer, more complicated and often more expensive procedure than transfer of buildings and structures rights. This situation significantly undermines the effectiveness of current Ukrainian legislation, which requires simultaneous alienation of land, buildings and structures. Possession of land ownership, where located a building (structure), which is owned by another person and constructed legally, according to all legal and registration procedures, contradicts the essence of the concept of real estate, because real estate can be recognized only as property connected with the land. Therefore, if we separate the land rights from the building rights, the building actually loses the status of real estate, although this status is recognized by the state due to the person’s registration of ownership as real estate. Lawyers have repeatedly suggested their opinion to establish legal interdependence between land and buildings and structures located on it, which are considered separate, independent objects of property rights, so that land and buildings and structures located on it share a single legal fate – had the same property status and were owned and used by one person. The relevance of the topic is that a detailed analysis of the provisions of Part 1. Art. 120 of the Land Code of Ukraine gives grounds to conclude that modern legal regulation of real estate relations do not provide not only automatic but also more or less simultaneous transfer of land rights and non-land real estate.