CURRENT TRENDS AND PROSPECTS OF IMPLEMENTATION OF THE PRINCIPLE OF UNITY OF LAND AND BUILDINGS AND STRUCTURES LOCATED ON IT

Abstract

The relevance of the article is that in modern conditions there is a growing need for a holisticperception of land and buildings and structures located on it. Numerous legal problems create situations when aperson has a right to real estate – buildings and structures, but no rights to land. The use of the principle of unity insuch cases is complicated at least due to the fact that the land may be located several buildings and structures, orparts of the same building may belong to different owners. There are also situations when the owner of a land plotclaims a building that due to various circumstances does not belong to him on the right of ownership, or tries tocreate obstacles for the owner of the building to use it, forcing it to be alienated on unfavorable terms. The articleis devoted to the long-standing problem of perception of land and buildings and structures located on it as a singlewhole and a single object of legal relations. Despite the fact that such a perception seems obvious, as well as the richexperience of legal regulation of relations on the basis of unity of land and buildings and structures located on it, inUkraine today legal conflicts between owners and owners of land and real estate are quite common phenomenon.The paper analyzes the reasons that lead to such contradictions, the main of which is the peculiar development andevolution of the domestic legal system, which for a long time allowed a separate turnover of real estate built on land separately from the land. Although the possibilities for such a separate turnover have recently been significantly
narrowed, the law still allows the emergence of ownership of real estate located on foreign land. It is determined that
the principle of unity of land and buildings and structures located on it is a guiding idea, the purpose of which is to
exclude situations in which the building and land are objects of competing rights and interests of different entities,
and if such competition of rights arose for various reasons, the principle should be a guide on how to resolve this
situation in a civilized manner, taking into account the interests of all entities that have acquired their rights in good
faith, which later came into conflict.