THE RIGHT TO A LAND PLOT IN CASE OF ACQUIRING A PROPERTY TITLE OVER A HOUSE, A BUILDING OR A STRUCTURE

Abstract

The article deals with the allotment of a right over a land plot in case of acquiring a property title over a house, a building or a structure located thereon. In the legislation of Ukraine land plots and the building thereon are the separate objects of the legal regulation. However, the rights to them interact somehow, in particular in case of a building or a structure alienation. In the article the correlation between the right to a land plot and a right to real estate thereon is defined. The analysis of the relevant legislation of Ukraine shows that several options of such correlation are possible: 1) when a land plot is the main item and a building as a component; 2) vice versa; 3) when a land plot and a building thereon are separate objects and are in circulation separately. In the legislation of Ukraine the second option is envisaged, that is when a right to a land plot goes to the acquirer of a building. The content of the principle of unity of the land plots and the buildings and structures thereon is revealed. It is active when a land plot and a building thereon belong to the same person. In this case an automatic transfer of a right to a land plot in case of acquiring of a building is envisaged. The latter changes in the civil and land legislation on the issue under research shows the formation of the principle of the unity of a land plot and a building thereon. A land plot goes to an acquirer of a building maintaining the same size and the same terms as those of the previous owner. The actual fixing in the legislation of Ukraine of this principle is the precondition for the formation of the unified object of the real estate. The conclusion about the necessity of the formation in the legislation of Ukraine of the unified object consisted of a land plot and a building thereon is made.