Land bank audit, leases, servitudes and change of designated use

Land is one of the key assets of an agricultural business, so errors in documenting rights of use, registering contracts, lease terms or encumbrances bear directly on how stable the operation is. DSA GROUP carries out a full land audit and handles land matters for agricultural enterprises, farms, and owners and users of land plots.

Our land lawyer analyses the legal status of the land, the structure of the land bank, the contracts, the state register entries and the other documents, in order to identify risks before they turn into disputes, loss of the right to use the land, or financial loss.

Land bank audit

As part of the audit we check:

• the legal basis for using each land plot;
• the terms of the contracts and whether they can be extended;
• state registration of the rights in rem;
• any encumbrances, attachments and other restrictions;
• whether actual use of the land matches the rights on record;
• the risk of losing plots or of disputes with owners;
• whether lease, sublease and servitude agreements are properly documented.

The client comes away with a clear picture of the actual state of the land bank, which plots are problematic, and what has to be done to protect the land assets.

Lease and sublease of land plots

Land lease in agriculture calls for close attention to the term of the contract, the amount and timing of the rent, the renewal terms, early termination and state registration of the lease.

DSA GROUP drafts and reviews the land lease agreement, analyses contracts already in place and handles their variation, extension or termination.

We also handle the conclusion and review of the sublease agreement, including whether a particular plot may be sublet at all and what legal risks that creates for the parties.

Land servitudes

A land servitude may be needed for passage, vehicle access, laying utilities, reaching facilities, or other limited use of someone else’s land.

DSA GROUP lawyers help to choose how best to establish the servitude, agree its terms and prepare the servitude agreement.

We also review servitudes already in place and assess how far they may restrict the use, or the future sale, of the land asset.

Change of designated use of land

Where the intended use of the land does not match its current designation, a change of the designated use of the plot may be required.

Before starting the procedure we analyse the current designated use, the planning and land restrictions, the title documents and whether the intended project can be carried out at all.

Our support covers preparing and checking the documents, dealings with the relevant authorities, and registration of the change in the established manner.

Protecting an agribusiness’s land assets

Land questions are best dealt with not in isolation but as part of overall legal support for the agribusiness. So when working on a land bank we assess not only the documents for individual plots but how the risks identified affect the client’s operations.

DSA GROUP helps to put the land bank in order, correct defects in the documentation of rights, reduce the risk of losing land, and prepare the assets for leasing, acquisition, investment or other transactions.