Purchasing agricultural land in Georgia is regulated by one of the strictest and most specific legal regimes. It is a strategic resource, protection of which is a state priority. Acquiring this category of land is practically prohibited for foreign citizens (with rare exceptions), and even for Georgian citizens, the process requires thorough knowledge of land status, boundaries, and cultivation obligations. Buying agricultural land often involves risks: plot overlaps, neighbor disputes, easements, or restrictions from protected areas. Qualified legal assistance is essential to ensure that the land you are buying is truly suitable for your purposes (e.g., establishing a farm or vineyard) and has no hidden legal defects.
What does this service cover?
Agricultural land purchase services cover the full legal cycle:
- Status and Category Research: Determining specifically what category the land falls under (arable, hayfield, pasture) and what restrictions apply (e.g., prohibition on building structures).
- Consultation for Foreign Investors: Since foreigners are banned from direct purchase, lawyers offer legal alternatives like long-term leases or rights of build (superficies).
- Cadastral Boundary Verification: Establishing compliance between survey drawings and actual boundaries to rule out disputes with neighbors.
- Purchase Agreement Drafting: Preparing a specific contract that accounts for the nuances of agrarian land.
- Co-ownership Issues: Agricultural lands are often in common ownership (households). The lawyer verifies that all co-owners consent to the sale.
Common Real-World Scenarios
Practical examples where lawyer involvement is necessary:
- Building Ban: A client bought land to build a house, but it turned out to be "arable" category, and the municipality won't issue a building permit. A lawyer assesses this risk before purchase.
- Foreigner's Attempt: A foreigner tried to register land under a Georgian citizen's name (fictitious transaction). This is a violation of law that can lead to land confiscation. The lawyer warns the client and suggests legal paths (lease).
- Protected Area: The plot is located near a National Park border and is subject to strict environmental restrictions.
- Unregistered Land: The seller claims the land is theirs but has no papers. The land legalization (recognition) procedure must be completed before purchase.
Georgian Legal Framework
The field is regulated by the Organic Law of Georgia on Ownership of Agricultural Land. The law strictly defines that foreigners, legal entities registered abroad, or Georgian companies with foreign participation do not have the right to purchase agricultural land. Exceptions are allowed only by government decree for special investment projects. Also applicable is the Law on Determination of Designated Purpose of Land and Sustainable Management of Agricultural Land, which regulates the rules for changing land categories.
Process: How does a specialist work?
In the purchasing process, the lawyer acts as a "filter." They check the geographic and legal location of the land on special maps. If the buyer is a foreigner, the lawyer drafts a lease agreement (maximum 49 years), giving the investor the right to use the land without ownership. For local buyers, the lawyer ensures a clean registry transfer and assists in land category conversion if the goal is construction.
Why Legal.ge?
The agricultural land market in Georgia is quite chaotic and full of legal traps. On Legal.ge, you will find agrarian and real estate law experts who will help you navigate restrictions through legal means and invest in agriculture or country house construction without risks. Do not risk it — get qualified advice before purchasing.
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