Agricultural land transactions in Georgia are regulated by one of the strictest and most specific legislative frameworks. This is due to the state's strategic interest in protecting land resources. For foreign citizens, purchasing agricultural land is practically prohibited, with minor exceptions. Even for local citizens, transactions are often associated with complexities such as plot fragmentation, undefined boundaries, or the need for a status change. This service implies full legal accompaniment in the process of buying, selling, leasing, consolidating, or dividing agricultural land to ensure the transaction is legal and secure.
What does this service cover?
The service covers all legal aspects related to agricultural land:
- Legal Status Verification: Clarifying the land category (arable, hayfield, pasture) and identifying restrictions (e.g., protected areas, border zones).
- Preparation of Purchase Agreement: Drafting a specific contract that complies with the requirements of the Law on Ownership of Agricultural Land.
- Status Change (Conversion): Managing the procedure for converting agricultural land to non-agricultural use (if permitted by law), which is necessary for construction.
- Land Legalization: Registering lands in lawful possession but unregistered via the Recognition Commission.
- Lease Agreements: Structuring long-term leases, often used by foreign investors who are restricted from buying.
Common Real-World Scenarios
Lawyer assistance is critical in the following cases:
- Foreign Investor: A foreigner wants to plant a vineyard. They cannot buy the land, but a lawyer helps arrange a 49-year lease or right of build (superficies), guaranteeing investment protection.
- Building a House: A buyer wants to build a cottage in a village. If the land is categorized as "arable," a building permit will not be issued. Changing the status of part of the land is required, which is a complex bureaucratic process.
- Inheritance: Several heirs inherited a large plot. They want to divide it, but the law prohibits fragmentation below a certain size. The lawyer finds an optimal solution (e.g., co-ownership).
- Boundary Definition: Neighbors dispute the border. The lawyer coordinates with a surveying company to rectify the cadastral plan.
Georgian Legal Framework
The main regulator is the Organic Law of Georgia on Ownership of Agricultural Land, which sets bans for foreigners and defines land protection principles. Also applicable is the Law of Georgia on Determination of the Designated Purpose of Land and Sustainable Management of Agricultural Land, which regulates status changes. Legalization issues are covered by the Law on Recognition of Property Rights on Land Plots Possessed (Used) by Physical Persons and Legal Entities of Private Law.
Process: How does a specialist work?
Work begins with a detailed study of the land plot. The lawyer checks if the land falls into any special zone (e.g., recreational zone). In the case of foreign clients, corporate structure analysis is performed to ensure no law is violated (e.g., using a Georgian LLC with a foreign partner to buy land is prohibited). In case of a status change, the lawyer prepares a justification for the Ministry of Environmental Protection and Agriculture and the municipality. The transaction is finalized at the Public Registry, where the lawyer ensures the correctness of all documents.
Why Legal.ge?
Agricultural land law is full of "landmines." One wrong step (e.g., illegal purchase of land by a foreigner) can be grounds for confiscation of the property. On Legal.ge, you will find specialists who understand land law regulations and agrarian policy well. They will help you use land resources effectively and legally. Protect your agro-investment with Legal.ge.
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