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8/10/2013


Why rural land titling has not been finished yet?

 

  December 25, 2009:

  State Inspection of Ukraine for Control over Land Use and Protection reports on December 24, 2009, that its territorial units performed checks of compliance with the procedure for issue of land titles to owners of land shares (pais).

  According to the results, 6.863 million citizens, who acquired a right to a land share and got land share certificate, have received about 6.221 million land titles (91%).

  When checking the process of issue of land titles to the said citizens, the Inspection found 796 infringements on the area of 16.65 thousand hectares.

  Inspection was particularly interested why there are still 558.3 thousand land titles which failed to reach land share owners. Inspection found that the reasons why land titles are still not handed over to land share owners are the following: (1) lost of land share certificate; (2) land share owner died and left no heirs (escheated property); (3) land share owners are missing necessary funds to pay for the issue and registration of land titles; (4) land share owners or their heirs are residing abroad; (5) address of land share owner (his heirs) is missing.

  The main obstacle which prevents timely issue and registration of land titles is high cost of technical documentation drafting and delays on the part of land surveying organizations. Another remarkable obstacle is unwillingness of land share owners to get a land title because of the following reduction of social benefits [MyLand: oddly enough that the reason stated by the Inspection was HIGH COST - the World Bank Project "Rural Land Titling and Cadastre Developement" shall cover such costs!].

  As regards the revealed infringements, Inspection reports that the most wide-spread violation is use of land shares (land plots) without lease agreements or without state registration of lease agreements. The Land Code of Ukraine says that the leasehold right appears only upon conclusion of leasehold agreement and state registration thereof.

  Inspection says that its local units along with local departments of the State Committee of Ukraine on Land Resources take necessary measures to stop the revealed infringements and also to facilitate sooner conversion of land shares certificates into land titles.

  Source: State Inspection of Ukraine for Control over Land Use and Protection, 2009

  Translation: MyLand, 2009. Use of this information only upon written authorization of Myland

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