STATE REGISTRATION OF REAL ESTATE RIGHTS

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Ovsianko Anhelina

Lawyer of real estate, construction and land law

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STATE REGISTRATION OF REAL ESTATE RIGHTS

Reading time: 2 min.

Today, the title registration system is more rational, which ensures much greater stability of real estate rights and better meets the needs of circulation. Only entries in the land register provide for the emergence, change and termination of property rights to land. When registering titles, an error is excluded when making entries in the land register, because there is a thorough check of all the data that are the basis of the record. Because the land register is a public register in which the rights to the land plot, and also the property rights connected with the land plot are entered.

 All real estate transactions are registered in the document registration offices there and copies of the registered documents are kept for storage. Thus, a person wishing to purchase real estate has the right to review in the register of real rights to immovable property in the register all the documents on the transfer of ownership of real estate. Such grounds provide an opportunity to determine how the ownership was acquired, which is usually the subject of the last transaction, and then the analysis of previous agreements.

 When registering the right of ownership of real estate, certificates of ownership of real estate are issued, which will be issued by state registrars together with an extract from the State Register of Real Property Rights.

 Only in the presence of the entered data on the land plot it is possible to receive such Extract. Only after receiving the latter it is possible to carry out the State registration of real rights to land.

 Thus, in accordance with the Law of Ukraine "On State Land Cadastre", the legal regulation of land registration relations in its content is quite complex, as it introduces a dual system of cadastre and registration of rights. Thus, a database of land is maintained, and the other registers the rights to them.

 The legal nature of land registration has been the subject of considerable research by a number of modern scholars.

 Agreeing with the opinion of P. F. Kulinych that state registration of land rights is the official recognition and confirmation by the state of the emergence, transfer or termination of property rights, use, including land lease rights, their restrictions, land easements, etc., accompanied by entering data on registered rights in the State Register of Real Rights real estate and their encumbrances.

 In accordance with the provisions of the Land Code (Article 791), land the site may be the object of civil rights only from the moment of its formation and state registration of ownership. At the same time, the state registration of real rights to land plots is carried out after the state registration of land plots in the State Land Cadastre.

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