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Head of real estate and construction practice
Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.
REASONS FOR TERMINATION OF PROPERTY RIGHTS AND DOCUMENTS CONFIRMING SUCH FACT
- Waiver of ownership. The document confirming the waiver of ownership is the statement of the owner, which is defined by the order of the Ministry of Justice of Ukraine from 17.04.2012 № 595/5 "On streamlining relations related to the state registration of real property rights and their encumbrances."
During the state registration of the termination of ownership of immovable property in connection with the waiver of ownership, the state registration body on the day of the state registrar's decision on state registration of rights and encumbrances sends to the local government in which such property is located, and also to the right holder, encumbrancer or the person in whose interests the encumbrance is established, the rights and encumbrances of the rights of which are registered in accordance with the requirements of the Procedure, written notice of state registration of termination of ownership of real estate in connection with renunciation.
- Destruction of real estate. For state registration of termination of ownership of real estate in connection with its destruction, the applicant, in addition to the document confirming his identity (document confirming the authority of the person to act on behalf of another person) and registration number of the taxpayer (except when an individual due to his religious or other beliefs refuses to accept the registration number of the taxpayer's account card, officially notifies the relevant public authorities and has a mark in the passport of a citizen of Ukraine), submits to the state registration authority a technical passport for real estate, and confirms the fact of its destruction. In this case, documents confirming the emergence, transfer and termination of ownership and other real rights to immovable property are not submitted.
- Withdrawal of things from civil circulation . A document confirming the termination of ownership of property that by law cannot belong to this person (Article 348 of the Civil Code of Ukraine) is a contract of sale or other transaction made on the basis of a court decision on compulsory alienation or court decision on transfer of the object real estate owned by the state.
- Redemption of historical and cultural monuments . The document confirming the termination of ownership in connection with the redemption of historical and cultural monuments (Article 352 of the Civil Code of Ukraine) is a court decision issued by the state body for the protection of historical and cultural monuments on the redemption of historical and cultural monuments and culture.
- Redemption or compulsory alienation of privately owned land plots and other real estate objects located on them. A document confirming the redemption or compulsory alienation of privately owned land plots and other immovable property located on them on grounds of public necessity in accordance with the law (Article 350 of the Civil Code of Ukraine) is a contract of sale or a contract of exchange (Article 12 of the Law). Of Ukraine "On alienation of land plots, other immovable property located on them, which are in private ownership, for public needs or for reasons of public necessity") or court decision on compulsory alienation of land, other immovable property , which are placed on it (Article 16 of the Law of Ukraine "On the alienation of land, other real estate located on them, which are in private ownership, for public needs or for reasons of public necessity").
- Foreclosure on real estate . Documents confirming foreclosure on property obligations of the owner (paragraph 8 of the first part of Article 346 of the Civil Code of Ukraine), in particular, include a court decision, a notary's writ of execution or a contract to satisfy the mortgagee's claims (Article 33 of the Law of Ukraine "On Mortgage" ), certificate of acquisition of property by public auction, etc.
- Requisition . Document confirming the requisition (Article 353 of the Civil Code of Ukraine).
- Confiscation . The document confirming the confiscation of real estate (Article 354 of the Civil Code of Ukraine) is a court decision on confiscation of property, as well as executive documents.
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Head of real estate and construction practice
Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.
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