In Ukraine, gardens and vineyards are often planted on agricultural lands. However, not everyone knows whether this is allowed by law, agronews.ua reports.
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Before planting a garden, it is necessary to determine the status of perennial plantings on the land plot as a separate object of civil circulation. Perennial plantings cannot be considered as a separate property right without the land plot on which they are located.
Agricultural lands should be mainly used for commercial agricultural production, which includes industrial horticulture and cultivation of perennial crops.
The current legislation of Ukraine does not establish any restrictions on growing perennial crops (plantings) on agricultural lands.
Article 22 of the Land Code of Ukraine provides for the possibility of growing perennial plantings (orchards, vineyards, berry plantations, fruit nurseries, plantations, etc.) on agricultural lands.
Agricultural lands include:
– agricultural lands (arable land, perennial plantings, hayfields, pastures, fallow lands);
– non-agricultural lands (farm roads and lanes, protective forest strips and other protective plantings not belonging to lands of other categories; lands under farm buildings and yards; lands under infrastructure of wholesale agricultural product markets; lands under biogas production facilities that are part of complexes for production, processing, and storage of agricultural products; lands under temporary conservation, etc.).
The property right to a land plot extends to the surface (soil) layer within this land plot, water bodies, forests, perennial plantings located on it, as well as to the space above and below the surface of the plot necessary for the construction of residential, industrial, and other buildings and structures.
Experts argue that perennial plantings and the land plot on which they are located are a single entity. The Supreme Court has ruled that the rights to perennial plantings are derived from the rights to the land plot and follow it. In this case, the fate of perennial plantings is determined as a component of the land plot.
There is a principle of unity of the land plot and perennial plantings located on it. The Supreme Court of Ukraine in its decision of February 25, 2015, in case No. 6-14цс15 concluded that perennial plantings cannot be considered as a separate property right without the land plot on which they are located, as they are a component of this land plot.
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Теги: agricultural production, Commercial Agriculture, Farming Regulations, Gardening on Agricultural Land, Horticulture, land code of Ukraine, perennial crops, Perennial Plantings, property rights, Supreme Court Ruling, Ukraine Legislation, Unity of Land Plot
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