Types of land rights as objects of registration
The article is devoted to the analysis of land rights that are subject to registration in accordance with the legislation of Ukraine. Attention is drawn to the fact that land rights that are subject to registration are divided into real and obligatory. The author includes the following property rights to land that are subject to registration: land ownership rights and rights derived from ownership rights: the right to use (easement); the right to use a land plot for agricultural needs (emphyteusis); the right to develop a land plot (superficies); the right to permanent use of land and the right to lease (sublease) a land plot; the right to trust ownership of land. Particular attention is paid to the analysis of legal norms regulating these rights. The article also analyzes the most common land rights that arise in practice. The author includes such binding rights as: the right to use a land plot on the basis of a joint activity agreement; the right to use a land plot on the basis of a public-private partnership agreement. It has been established that property rights to land plots can be classified according to the following characteristics: 1) by term: fixed-term (lease, emphyteusis, superficies) and without a specified termination period (right of ownership, right of permanent use); 2) by subject composition: rights that may belong to separate entities defined by law (right of permanent use of land, right of ownership of agricultural land) and rights that may belong to any entities (lease, easement, emphyteusis, superficies). The author includes the following as the main features of rights of obligation: possession by the subject of the corresponding real right to the land plot and the expression of the will of this subject to perform a certain action (activity) on the land plot; the object of the right of obligation to land is an action related to a certain land plot and which is aimed at achieving a certain result stipulated by the terms of the contract; the right of the subject of the right of obligation to perform a certain action (activity) on the land plot is exercised only after obtaining the consent of its owner. In the process of scientific research, it was concluded that land rights subject to registration, which are a key stage in their emergence, include property rights: land ownership, trust property, land use right, lease right, land easement right, the right to use someone else’s land plot for agricultural needs (emphyteusis) and the right to use someone else’s land plot for development (superficies), as well as such obligatory land rights as: the right to use a land plot on the basis of a joint activity agreement; the right to use a land plot on the basis of a public-private partnership agreement.
Authors
- Iryna Drozd
Institutions
- Weatherford College (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-03-17
- DOI
- https://doi.org/10.24144/2307-3322.2025.87.2.26
- Primary Topic
- Land Rights and Reforms
- Type
- article
- Field-Weighted Citation Impact
- 0.00