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Фото: Grounds for denial of state registration of rights and their burdens in accordance with the Law of Ukraine “On the state registration of rights and their burdens”

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Grounds for denial of state registration of rights and their burdens in accordance with the Law of Ukraine “On the state registration of rights and their burdens”

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According to Art. 24 of the Law of Ukraine "On the state registration of property rights and their encumbrances", state registration of rights and their encumbrances may be denied in the event that:

1) the claimed right, the encumbrance is not subject to state registration in accordance with the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances";

2) the object of real estate located on the territory of another state registration body, except if the object of real estate is located within the territory on which two or more bodies of state registration of property rights operate, one of such bodies at the choice of the applicant , as well as in case of state registration of rights of encumbrances of real rights to real estate.

3) an unsatisfied person applied for a state registration of rights and their encumbrances;

4) the submitted documents do not meet the requirements established by the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances", or do not make it possible to establish the conformity of the claimed rights with the documents that they certify.

In addition to cases of error in the State Land Cadastre, which arose after the transfer of information about land from the State Register of Land to the State Land Cadastre:

- location within the boundaries of the land plot of a part of another land plot; discrepancy between the boundaries of the land plot indicated in the State Land Register and its actual limits;

- inconsistency of the area of ​​the land plot indicated in the State Land Register, its actual area as a result of changing the methods of calculation (rounding);
- assignment of several land plots of the same cadastral numbers).
        The above ground does not deprive the applicant of the right to re-apply with the condition of removing obstacles to the state registration of rights and their encumbrances.
5) the application for the state registration of rights related to the alienation of immovable property, filed after the state registration of encumbrances established for this property, except in cases established by part nine of Article 15 of the Law of Ukraine "On the state registration of real rights to immovable property and their encumbrances ";
5-1) the application for state registration of encumbrances of real rights to real estate with respect to the previous contractor is filed after the state registration of ownership of such property for a new lawmaker;

5-2) the application for the state registration of property rights derived from the right of ownership is filed in the absence of state registration of ownership, except in cases established by part nine of Article 15 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances".
         The above ground does not deprive the applicant of the right to re-apply with the condition of eliminating obstacles to the state registration of rights and their encumbrances;
5-3) during the submission of an application for state registration of ownership of an enterprise as a single property complex, a residential house, a building, a building (their separate parts) that arose on the basis of a document by which the contracting authority acquires ownership of the land, not an application for state registration of ownership of a land plot has been submitted.

The above ground does not deprive the applicant of the right to re-apply with the condition of removing obstacles to the state registration of rights and their encumbrances.
5-4) after the expiration of the five-day period from the date of receipt by the applicant of a written notice of suspension of consideration of the application for state registration of rights, the circumstances that were the basis for the adoption of such a decision have not been eliminated.
        The above ground does not deprive the applicant of the right to re-apply with the condition of removing obstacles to the state registration of rights and their encumbrances.
5-5) a statement on the state registration of rights and their encumbrances in the course of commission of a notarial act with immovable property, an object of unfinished construction, was filed not with a notary who performed such an act.

The above ground does not deprive the applicant of the right to re-apply with the condition of removing obstacles to the state registration of rights and their encumbrances.
5-6) the application for the state registration of rights and their encumbrances in electronic form is filed by a person who is not a state cadastral registrar or a state executor.
          The above ground does not deprive the applicant of the right to re-apply with the condition of removing obstacles to the state registration of rights and their encumbrances.
6) the same documents are submitted by the applicant, on the basis of which the claimed right and encumbrance of such right are already registered in the State Register of Rights.

Rejection of state registration of rights from grounds not provided for in the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" is prohibited.

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