Preferential right to purchase an agricultural plot of land

The lessee has a preferential right to purchase the land plot, which is leased, in particular, for agricultural purposes. How not to lose your preferential right to purchase a land plot and how to act if a person or company cannot own an agricultural plot, according to the law? Let's consider in more detail in this article.

General order

For agricultural lands, the person who has a special permit for the extraction of minerals of national significance has the primary right to purchase the plot, and the lessee has the second priority. At the same time, we will focus our attention on the tenant, as the subject who has the primary right to purchase plots of private property.

With the right of pre-emption, the lessee must in any case pay the price at which the land plot is sold, and in case of sale at an auction, his offer must be equal to the offer that is the highest offered by the auction participants.

The owner of the plot is obliged to register the intention to sell the plot of land in the State Register of Real Property Rights through a notary no later than 2 months before the date of conclusion of the contract of sale of the plot of land. The notary notifies those who have a priority right of such intention by a valuable letter with a description of the attachments and a notice of delivery or in person with a receipt.

If the lessee wishes to exercise his right to purchase, he must notify the notary about this in the same way as the notice was received by him, within a month from the date of receiving the notice of the intention to sell the plot. Also, during the same period, the lessee must submit a corresponding notarized statement to the notary.

In the event that if the lessee has not done so, he is considered to have waived his preemptive right.

These requirements do not apply to the sale of agricultural land at land auctions.

Or ma situation will arise When according to the law, the tenant cannot acquire ownership of a plot of land for agricultural purposes?

So, for example, legal entities with a foreign element, where the participant is a citizen of a foreign state, may face such a problem. According to the law, such legal entities cannot own agricultural land. Or so: an enterprise whose participants are only citizens of Ukraine may, by law, own agricultural land, but the enterprise already owns a total land area of 10,000 hectares, which is the permissible maximum.

In such a case, the lessee can transfer his preferential right to purchase the plot to another person who, according to the law, can acquire ownership of such a plot of land. The transfer of the preferential right to purchase a land plot can be carried out both before and after the state registration of the intention of the owner of the land plot to sell it. At the same time, it should be done no later than within 1 month after the notification by the notary about the sale of the plot.

The procedure for the lessee to transfer the preferential right to another person:

1. To conclude a written agreement on the transfer of the preferential right with the person to whom such right is transferred. The contract specifies the term for which the preferential right is transferred.
2. Register such a right in the State Register of Real Property Rights.
3. Within 3 working days from the date of state registration, notify the plot owner in writing about the transfer of the preferential right. The notification is carried out by a valuable letter with a description of the attachments and a notification of delivery or in person with a receipt.
4. If the plot will be sold at a land auction, the organizer of the land auction must be notified in the same manner no later than 5 working days before the start of the auction.

At the same time, the person to whom the preferential right to purchase a land plot has been transferred cannot transfer this right to another person.

This article provides a general procedure for the preferential right to purchase an agricultural plot. In order to carefully consider all the nuances and circumstances in specific circumstances, we recommend that you seek legal help from specialists.