Здійснення громадянами права спільної сумісної власності на земельну ділянку

A land plot as an object of law may be owned by one person or several persons simultaneously. In this case, legal relations of joint ownership arise. Common joint ownership, as a type of joint ownership right, is characterized by the uncertainty of the share in the right of each co-owner. At the same time, the content of the right of joint ownership is the same powers that make up the content of the right of ownership in general. Therefore, in this case, it is necessary to coordinate the actions of each of the participants in joint ownership with the other participants in the exercise of these powers. Based on the provisions of the current legislation, the procedure for exercising the right of joint joint ownership of land plots by citizens is regulated by both the provisions of the Land Code of Ukraine, which is a special act in the field of regulation of these relations, and the provisions of the Civil Code of Ukraine. Pursuant to Article 89(3) of the Land Code of Ukraine, the powers to own, use and dispose of a land plot of joint joint ownership are exercised by agreement or law. In other words, the contractual settlement of these issues is preferred. However, the law does not regulate the form of such an agreement. Therefore, in our opinion, taking into account the subject matter of the agreement (land plot) and the subject matter (citizens), we believe that an agreement on the ownership, use and disposal of a land plot of joint joint ownership should be concluded in writing and subject to notarization. Instead, in accordance with the general provisions of parts 1, 2 of Article 369 of the Civil Code of Ukraine, the possession and use of common property in joint joint ownership is carried out jointly, and disposal is subject to the consent of the co-owners. Such consent is a unilateral transaction, and in the case of a transaction on the disposal of joint property that is subject to notarization and/or state registration, this unilateral transaction must also be concluded in writing and subject to notarization. The absence of the consent of the other co-owner to enter into a transaction deprives the co-owner who entered into the transaction of the necessary authority to enter into an agreement on the disposal of joint property.