Land and Agricultural Law

Land is one of the most valuable yet legally complex assets in Ukraine. The opening of the full land market to legal entities, ongoing changes in the land cadastre, risks of raider seizure of crops or assets, and the specifics of export procedures require agribusinesses to have high-quality legal support.

KAVCHUK & PARTNERS Law Office provides comprehensive legal support for agribusiness and transactions involving land plots of any designated purpose. We help build secure land banks, minimise tax risks and protect your rights against unlawful interference.

Stages and components of our service

Our approach covers the full legal support cycle — from an initial audit of agricultural plots to business expansion through acquisitions and protection of export contracts.

1. Legal audit of a land bank (Land Due Diligence)

• Title review of plots: we thoroughly analyse the history of plot formation, verify data in the State Land Cadastre and registration of rights in the State Register of Rights.
• Review of lease and emphyteusis agreements: we identify weaknesses in existing agreements with landowners and risks of early termination or loss of pre-emptive purchase rights.
• Risk assessment before acquisition: we conduct comprehensive due diligence of agricultural land before sale and purchase transactions for legal entities and individuals, taking statutory land concentration limits into account.

2. Support for land acquisitions and land-bank consolidation

• Audit of agricultural companies’ corporate structures: we conduct full Legal Due Diligence of enterprises that own or lease land banks. We review founders, ownership structures and ultimate beneficial owners (UBOs) for compliance with antitrust limits and restrictions on foreign capital.
• Agricultural M&A (Acquisition of a land bank): we support acquisitions of corporate rights in companies with established pools of leased or owned agricultural land. We prepare transaction documents, ensure satisfaction of Conditions Precedent and arrange secure settlements through escrow accounts.
• Land concentration limit control: we monitor compliance with the statutory limit of no more than 10,000 hectares under common control for legal entities, taking into account each beneficiary’s holdings across related companies.
• Source-of-funds verification (Financial monitoring): we assist purchasers, both individuals and companies, in passing mandatory financial monitoring by notaries and banks and prepare documents confirming the lawful origin of capital used for land acquisitions.
• Consolidation of land parcels: we develop and implement legal mechanisms for plot exchanges, shared use, sublease and emphyteusis to eliminate fragmented checkerboard ownership, organise field roads and form consolidated areas suitable for efficient mechanised cultivation.
• Exercise of pre-emptive rights: we support complex procedures for purchasing leased land, organise formal notices to landowners, verify waivers of pre-emptive rights or arrange lawful assignment of such rights from the agricultural lessee to a founder or investor.

3. Comprehensive legal support for agribusiness (Agricultural compliance)

• Turnkey contract work: we draft agreements for procurement of crop protection products, fertilisers and machinery (including leasing), forward crop purchase agreements and grain storage/elevator service contracts.
• Agricultural exports and foreign trade: we advise on quotas and licensing for exports of grain and oilseed crops, draft international agreements and support foreign-exchange control compliance.
• Raising finance: we support agricultural receipts and bank lending secured by future crops or machinery.

Court representation in land and agricultural disputes

Land conflicts and anti-raider protection require immediate legal response. We provide professional representation before courts of all instances and the Anti-Raiding Office:

• 📜 Anti-raider protection and cancellation of unlawful registrations: we promptly block and challenge fraudulent registration actions, unlawful changes of directors or founders of agricultural companies, and double registration of lease agreements for the same plots.
• 🔍 Boundary and overlapping plot disputes: we resolve conflicts involving overlapping boundaries in the State Land Cadastre, correction of cadastral errors and invalidation of land title instruments through court proceedings.
• 🤝 Lease and emphyteusis disputes: we represent clients in proceedings for compulsory renewal of leases, recovery of rent, invalidation of agreements or judicial termination.
• 🚜 Recovery of damages and crops: we handle claims for damages caused by unlawful seizure or unauthorised occupation of land and support compulsory return of harvested crops or compensation for their value.

What do you receive as a result?

• A protected land bank: reduced risk of losing plots to competitors by closing legal gaps in lease arrangements.
• Secure investments and agricultural M&A: lawful acquisition of agricultural land or operating agricultural companies without the risk of transactions being cancelled or sanctions for exceeding concentration limits.
• Protection against raiders: preventive legal mechanisms and a legal team ready to respond urgently to threats involving machinery, elevators and crops.
• Stable exports: legally protected foreign-trade contracts and reduced default risks.