Agricultural Law in Georgia is one of the most regulated and specialized fields, especially following constitutional amendments that strictly limited land ownership rights for foreign citizens. According to the Constitution of Georgia, agricultural land is a resource of special importance, ownership of which is practically reserved for Georgian citizens, the State, and Georgian legal entities. These regulations often create complex legal barriers for foreign investors wishing to invest in agriculture, as well as for individuals who have inherited land or lost Georgian citizenship. Agricultural law services aim to find legal pathways within this complex labyrinth and ensure legal compliance in land resource management.
This service covers a wide range of issues related to land law and agribusiness. Specifically: consultations regarding land status conversion (changing agricultural land to non-agricultural status while adhering to legal requirements); drafting and registering long-term lease agreements, which is the primary legal method for foreigners to utilize land; preparing investment plans for the government to grant ownership rights by way of exception (which is rare but legally permissible); and managing obligations to alienate inherited land. Additionally, the service includes legal support for agricultural cooperatives and agribusiness licensing issues.
In real life, the assistance of an agricultural law specialist is critical in several scenarios. The first and most common case: a foreign investor buys a house in a village but discovers the yard is registered as "arable land," causing the Public Registry to halt registration. A second scenario: a former Georgian citizen who acquired foreign citizenship inherits land in Kakheti. The law obliges them to alienate (sell) this land within a specified period; otherwise, the state will enforce a forced sale. A third scenario: a company wants to build a hotel or factory on agricultural land, necessitating a change in land designation, which requires complex administrative procedures with the Ministry of Environmental Protection and Agriculture.
Georgian legislation in this field relies on the "Constitution of Georgia," the "Organic Law of Georgia on Ownership of Agricultural Land," and the "Civil Code of Georgia." The Organic Law strictly prohibits land acquisition by foreigners but allows for exceptions if there is a government decree regarding an investment project of special state importance. Land fragmentation issues and soil protection standards are also regulated. The lawyer's role is to precisely define the client's rights within these strict regulations and prevent illegal transactions that would be declared void.
The process begins with a full legal due diligence of the land plot. The lawyer checks the land category, zonal status, and existing encumbrances. If the goal is to change the status, appropriate justification and a project plan are prepared and submitted to the Public Registry and the municipality. In the case of a lease, a detailed agreement is drafted to protect the lessee from premature termination by the landowner and ensure investment security. In inheritance cases, the lawyer helps the client alienate the land timely and profitably or change the form of ownership.
Legal.ge is your guide to Georgian agricultural law. Our platform connects you with lawyers who have years of experience in land law and in-depth knowledge of legislative nuances. Do not risk your capital with an incorrect assessment of land status. Find a qualified specialist on Legal.ge and manage your agro-assets in full compliance with the law.
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