Property subject to state registration

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Property subject to state registration

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In accordance with Art. 182 of the Civil Code of Ukraine (hereinafter - the Civil Code of Ukraine) the right of ownership and other real rights to immovables, encumbrances of these rights, their occurrence, transfer and termination are subject to state registration.

According to Part 1 of Art. 181 of the Civil Code of Ukraine for immovable things include land, as well as objects located on the land, the movement of which is impossible without their depreciation and change their purpose.

Part 1 of Art. 5 of the Law of Ukraine "On state registration of rights to real estate and their encumbrances" provides that the state registration of rights is carried out in respect of immovable property, namely:

         - enterprises as a single property complexes;

         - residential buildings;

         - buildings;

         - structures, as well as their individual parts;

         - apartments;

         - residential and non-residential premises.

Ownership of the enterprise as a single property complex, residential house, building, structure, as well as their individual parts can be registered regardless of whether the right of ownership or other real right is registered to the land on which they are located.

The ownership of an apartment, residential and non-residential premises may be registered regardless of whether the ownership of a residential house, building, structure, as well as their individual parts in which they are located is registered.

Not subject to state registration of property rights and their burden on minerals, plants, as well as on small architectural forms, temporary, non-capital structures located on the land plot, the movement of which is impossible without their depreciation and change of purpose, as well as separately on structures, is owned the main thing, or part of the thing, in particular on the trunk and field pipelines (including gas distribution networks), highways, electrical networks, main nye heating networks, communication networks, railways.

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