Act No. CXXII of 2013 concerning agricultural and forestry land trade.

Subject

Agricultural & rural development, Forestry, Land & soil

Keyword

Agricultural land Basic legislation Contract/agreement Private forest Public forest Right of use Foreign land tenure Inheritance Land commission Land tenure Lease Offences/penalties Ownership Private land Property rights Public land Transfer Smallholders/peasants

Geographical area

Eastern Europe, Europe, Europe and Central Asia, European Union Countries

Abstract

This Act lays down rules regarding the acquisition of property rights of agricultural and forestry lands, the institution of usufruct right on such lands, the use of land, the control on restrictions relative to the acquisition of land, and rules regarding local land commissions. This Act applies to all land in the national territory. The Act is composed of seven chapters: Preliminary provisions (I); Acquisition of Property Right of Land (II); Acquisition of Usufruct Right and of Right of Use (III); Use and Utilization of Land (IV); Control on Restrictions relative to the Acquisition of Land and the Compulsory Utilization (V); The Local Land Commission (VI); Final Provisions (VII). Articles 10-15 determine who may be entitled to the acquisition of land property and foresees certain restrictions, such as that the new proprietor of land must use the land exclusively for the use registered in the land register for a minimum of five years. Articles 16-17determine the maximum size of land property case by case. The right of pre-emption is ruled in Arts. 18-22. Sale contracts must be approved by the competent authority according to the rules foreseen by Arts. 23-30. Acquisition of entitlements of land use rights, its prohibition and the allowed size are ruled in Arts. 40-43. The duration of lease contracts is minimum one and maximum 20 crop years. Lease contracts must be approved as well. Contracts contravening to the restrictions or prohibitions of acquisition of land property or use rights established by this Act, are null. Article 68 lays down rules regarding the establishment of local land commissions.

Full text

Hungarian

Website

njt.hu

References - Legislation

Implemented by

Decree No. 38 of 2014 (II.24.) of the Government on detailed rules of keeping a register of farmers, of agricultural production organizations and of properties serving for their agricultural activities.

Legislation | Hungary | 2014 (2014)

Keyword: Access-to-information, Legal proceedings/administrative proceedings, Agricultural land, Registration

Source: FAO, FAOLEX

Decree No. 47 of 2014 (II. 26.) Korm. of the Government laying down security requirements and rules of issuance of paper format documents concerning the transfer of property rights of land or containing other kind of written legal transaction affecting property rights of land.

Legislation | Hungary | 2014 (2014)

Keyword: Agricultural land, Cadastre/land registration, Contract/agreement, Land tenure, Lease, Legal proceedings/administrative proceedings, Ownership, Private land, Property rights, Registration, Right of use, Servitude, Transfer

Source: FAO, FAOLEX

Decree No. 474 of 2013 (XII. 12.) Korm. of the Government laying down detailed rules of the publication by announcement of sales and lease contracts in the interest of excercising of pre-emption and pre-lease rights.

Legislation | Hungary | 2013 (2014)

Keyword: Land tenure, Lease, Ownership, Property rights, Transfer, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Decree No. 373 of 2014 (XII. 31.) Korm. of the Government concerning the duties and territorial competence of land offices and of the Land Survey and Remote Sensing Institute, and providing detailed rules for certain land related procedures.

Legislation | Hungary | 2014 (2015)

Keyword: Cooperative/producer organization, Access-to-information, Agricultural land, Cadastre/land registration, Institution, Legal proceedings/administrative proceedings, Survey/mapping, Urban land, Land tenure, Lease, Ownership, Registration, Right of use, Servitude

Source: FAO, FAOLEX

Decree No. 191 of 2014 (VII. 31.) Korm of the Government laying down the rules of sale by auction of agricultural and forestry lands as part of executive, liquidation or municipal debt settlement proceedings.

Legislation | Hungary | 2014 (2015)

Keyword: Agricultural land, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Amended by

Act No. CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade.

Legislation | Hungary | 2013 (2014)

Keyword: Agricultural land, Land tenure, Lease, Legal proceedings/administrative proceedings, Ownership, Private land, Property rights, Public land, Right of use, Servitude, Transfer, Contract/agreement, Common property, Authorization/permit, Cadastre/land registration, Land commission, Smallholders/peasants, Size, Cooperative/producer organization

Source: FAO, FAOLEX