As agricultural land, regardless of ownership, are considered lands used to carry out activities in order to obtain agricultural products and placement of agricultural infrastructure.
The category of agricultural land includes:
a) agricultural land (arable land, including greenhouses, solariums and nurseries, fallow land, orchards, vineyards and nut plantations, mulberry plantations, fruit bushes, meadows, pastures, gardens, gardening plots and others like them with vegetation);
b) land occupied by warehouses, refrigerators designated for storage of agricultural products, repair workshops, storage facilities for agricultural machinery (aggregates), livestock farms, fisheries, antierosion constructions, roads with agricultural designation, drainage and irrigation facilities, if they were not assigned to another category.
Land can be leased to individuals and legal entities of Moldova, of other states and to international organizations and associations.
Lessors of state land shall be the Government and the local public administration authorities within their powers.
Lessors of private land shall be the owners of the corresponding land parcels.
The terms and conditions of a lease shall be mutually agreed upon between the lessor and lessee in a lease agreement.
Land can be subleased, if provided for in the certified agreement.
Term of lease
Term of lease of agricultural land shall be determined by the Contracting Parties, but shall not be less than one year and more than 30 years.
At lease of land for planting of perennial plantations, the term of the lease will be established for at least 25 years, if the agreement between parties not provide otherwise.
Conclusion of the land lease contract
Lease agreement of agricultural land must be concluded in written form.
The right to use leased agricultural land occurs at the conclusion of the lease agreement from the moment of signing the Act of the Reception – Transmission of a subject property.
The Lease agreement of agricultural land compulsorily shall include the following:
a) contracting parties, domicile or their registered office;
b) subject of the contract;
c) the document certifying the property right or other right of the lessor on subject agricultural land;
d) information about the registration of the agreement in the prescribed manner;
e) the term of the lease;
f) the composition, shape and size of payment for the lease;
g) procedure, date and place of payment for the lease;
h) the rights and obligations of the parties;
i) liability of parties;
j) conditions for modification and termination of the contract;
k) conditions for use of objects located on leased land, including agricultural equipment and machinery;
l) the conditions of recultivation – if applicable;
m) the obligation to respect environmental standards.
If in contract are missing even one of essential condition, or the contract was not issued in written form, this contract shall be void.
Registration of lease agreements
Land lease agreement concluded for a term exceeding three years shall be registered at the territorial cadastral office.
Lease agreements of land and other agricultural property, made for a term of three years and less, must be registered at the city hall of settlement, in whose territories are located plots of land and other agricultural property.
The Lease agreement must be registered by the lessee within three months from the date of conclusion. Non-registration of the contract entails the unenforceability against third parties.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our Law firm in Moldova will be glad to assist you in this respect. Please do not hesitate to contact us.