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Agrarian raiding. How to protect the land bank?

Protection against land raids like never before. In the first half of 2017, the Association of Farmers and Private Landowners of Ukraine received 570 applications for cases of raids in the agricultural sector. And this is the data of only one association, which does not fully reflect the situation.

Andriy Gevko, a partner at Bargen Law Firm, has been speaking at workshops for agricultural producers in several regional centers for the past two months: Dnipro, Poltava, Cherkasy, Vinnytsia, and Ternopil. Representatives of Universalna Insurance Company, OKKO-Agrotrade, Ukravit, CHS and IFC also took part in the workshops.

In his speeches, Andrew paid special attention to the preservation of the land bank.

How can a farmer be left without land? Intruders often register forged contracts or conduct so-called double registration of lease agreements. We must also not forget about the risk of termination of leases in court.

It is quite possible to protect the land from illegal seizure. Andriy Gevko advises a few basic steps : audit of the land bank; making changes to lease agreements, their timely revision and extension; proper registration of the lease right in the State Register of Real Property Rights. These simple but important measures significantly reduce the risk of land grabbing.

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Andrew also shared tips in case the land has already begun to seize. It is necessary to form a legal strategy to protect one's rights as soon as possible: to apply to law enforcement agencies with allegations of crimes; file the necessary lawsuits. Where appropriate, the court should also be asked to take steps to secure the claim. The court may prohibit the raiders from harvesting from the seized land before the case is heard.

Recently, farmers have been very active in challenging illegal registration actions with land to a special commission of the Ministry of Justice. This saves time, compared to litigation, and allows you to quickly protect your land bank.

A separate element in the fight against raider capture work with the public and the media.

Andrew reminded farmers that they can always count on the professional help of the law firm Bargen in protecting their land bank and in the fight against raiders.

You can read the presentation slides at this link to SlideShare

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