Accounting for ownerless real estate

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Accounting for ownerless real estate

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Registration of a non-owner of immovable property is carried out at the request of the applicant by applying to the subject of state registration of rights or a notary in the procedure established for the state registration of rights, taking into account the features specified in paragraphs 83-88 of this Procedure for state registration of real rights to immovable property and their encumbrances respectively to the decree of the Cabinet of Ministers of Ukraine dated December 25, 2015. No. 1217 (as amended by the resolution of the Cabinet of Ministers of Ukraine dated August 23, 2016, No. 553).

During the consideration of the application, the state registrar establishes the presence (absence) of the state registration of the rights to the property for which such a statement is submitted.
In case when the reason for the registration of real estate is the refusal of the owner of ownership of such property, the state registrar establishes the presence (absence) of state registration of the termination of the right to own immovable property in connection with the waiver of ownership.
As a result of consideration of the application, the state registrar makes a decision on the registration of a non-owner of immovable property or a decision to refuse to take such records.
The state registrar, according to the decision taken to register the owner of the immovable property, submits the relevant information to the special section of the State Register of Rights.
The date and time of registration of a non-owner of immovable property is the date and time of registration of the corresponding application, as a result of which the state registrar has taken a decision to register the owner of the immovable property.
If the grounds for refusal to register the owner of immovable property are met, the state registrar shall make the appropriate decision, which shall contain an exhaustive list of circumstances that became the basis for its adoption, with the appropriate justification for their application.
In satisfaction of the application for registration of a non-owner of immovable property may be refused in the case when:
♣ ownerless property is not subject to accounting in accordance with the law;
♣ an inappropriate person applied for registration of a landless real estate;
♣ in the State Register of Rights there are records of state registration of rights to immovable property for which an application for registration has been filed;
♣ There are no records in the State Register of Rights on the termination of the right to own immovable property in connection with the refusal of the owner of ownership of such property (in the case when the reason for the registration of a non-owner of immovable property is the refusal of the owner of real estate from his property right)

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