Imposing a ban on the alienation of immovable property, property rights
According to amendments to the Law of Ukraine “On Notary” (No. 614-VI), art. 34, notaries of Ukraine can perform notarial actions of imposing and lifting of the ban on alienation of immovable property (property rights to immovable property) and vehicles subject to state registration.
The imposition of a ban. The ban on alienation is imposed on the location of the object of the ban or at the location of one of the parties to the transaction.
With this in mind, the legal company PRIKHODKO & PARTNERS will impose a ban in one of two cases:
- Real estate (land, apartment, house, other structure) is located in the city of Kiev.
- The person on whose property it is necessary to impose a ban is located (registered, lives, works) in the city of Kiev.
The ban is imposed:
- According to the institution of the bank (another legal entity) on the issuance of a loan (loan);
- On the request of the guardianship and trusteeship authority with a view to protecting the rights and interests of the child;
- When certifying the contract for life-long maintenance;
- When certifying a pledge of immovable property;
- According to the message of the mortgagee;
- In all other cases provided for by law.
Who can initiate the lifting of the ban?
The notary lifts the ban if he has been given a statement about this:
- From the establishment of a bank (another legal entity) on the repayment of a loan (loan);
- From the mortgagor (mortgagor) and the pledgee (mortgagee) to terminate the pledge (mortgage) contract or only the mortgagor (mortgagor) in case of submitting to them the indisputable evidence of the fulfillment of the obligation;
- From the mortgagor (mortgagor) in case of recognition of a pledge (mortgage) contract by a court decision as invalid;
- From the pledgee (mortgagee) in connection with the opening of the enforcement proceeding about the enforcement of the pledge on the subject of the mortgage (mortgage) on the basis of the executive notary’s signature;
- From the acquirer in case of death of the alienator under the contract for life-long maintenance (care) or hereditary contract;
- From the alienator under the hereditary contract in the event of the death of the acquirer;
- From the acquirer or alienator on the basis of a court decision to terminate a contract for life-long maintenance (care) or an inheritance contract or to recognize them as invalid;
- From an individual who has been revoked by a court decision declaring him dead;
- From heirs at the end of a five-year period from the time of opening the inheritance after the person declared dead;
- From the heir of the death of the second of the spouses, made a general testament (done by a notary, which has an inheritance case).
The application shall be accompanied by copies of transactions, certificates containing a record of the imposed ban on alienation. On these copies, the notary inscribes the lifting of the prohibition.
If a notary who was banned from alienation is deprived of the opportunity to perform a notarial action to lift the prohibition, such notarial action may be committed by another notary. In this case, the notary shall leave a copy of the document on which the inscription about the lifting of the ban on alienation is made, as well as send a notice on the removal of the ban on the alienation of the copy of the document on the basis of which the ban was imposed.
In case of lifting of the ban on alienation at the request of one of the parties to the mortgage (mortgage) contract, the notary sends a notice on lifting the ban on alienation to the other party to the transaction.
Withdrawal of the ban on alienation of pledged property upon application of the debtor. In such a case, the debtor must provide proof of the absence of the creditor (his representative) at the place of performance of the obligation or evasion of the creditor (his representative) from acceptance of performance or other delay on their part, and to deposit money or securities due to him to the notary.
The lifting of the ban on the alienation of immovable property (property rights to immovable property) and vehicles subject to state registration shall be subject to mandatory registration in the Unified Register of Prohibitions on the Transfer of Immovable Property or the State Register of Encumbrances of Movable Property. The state registration is carried out by a notary who has been lifted a ban.