Фото: State registration of termination of encumbrances of real estate

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State registration of termination of encumbrances of real estate

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According to Art. 2 of the Law "On state registration of real rights to real property and their encumbrances" (hereinafter referred to as the Law), encumbrance is a prohibition to dispose of and / or use immovable property, established by law, acts of authorized bodies of state power, their officials or such, which arose on the basis of the contract.

The encumbrances subject to state registration in accordance with the Law arise from the moment of such registration. The encumbrance of the real rights to real estate that arose prior to January 1, 2013, shall be considered valid if one of the following conditions exists: 1) the registration of such rights was made in accordance with the legislation in force at the time of their occurrence; 2) at the time of the emergence of such rights, legislation was in force, which did not provide for their mandatory registration. It follows that the encumbrances subject to state registration are considered to be terminated from the moment of state registration of their termination in the State Register of Real Rights to Real Estate.
According to the law, the restrictions include the prohibition of alienation, the arrest of immovable property, a tax credit, the subject of which is real estate, as well as other encumbrances.
Art. 27 of the Law of Ukraine "On state registration of real rights to real estate and its encumbrances" states that the state registration of encumbrances is carried out on the basis of:
1) a court decision on the encumbrance of the real rights to real estate, which has become legally valid;
2) the decision of the state executor regarding the encumbrance of the real rights to real estate;
3) a document stipulated by the legislation, in which a notary has the inscription on imposing a ban on the alienation of immovable property;
4) a decision of the local self-government body regarding the assignment of immovable property to an outdated housing stock;
5) an agreement entered into in accordance with the procedure established by law, which imposes encumbrance on the real rights to immovable property, or its duplicate;
6) a law which prohibits the use and / or disposal of immovable property;
7) other acts of state authorities and officials in accordance with the law.
The encumbrance is stopped on the basis of relevant documents, which indicate the cessation of the cause / circumstances / reasons for the existence of encumbrance. It follows that the document, which is the basis for the state registration of the termination of encumbrance of immovable property, must be issued by the authority which initiated the occurrence / registration of such encumbrance.

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