Фото: STATE REGISTRATION OF TERMINATION OF ENCUMBRANCES ON REAL ESTATE

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STATE REGISTRATION OF TERMINATION OF ENCUMBRANCES ON REAL ESTATE

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According to Art. 2 of the Law "On State Registration of Real Rights to Immovable Property and Their Encumbrances" (hereinafter - the Law), an  encumbrance is a prohibition to dispose of and / or use real estate, established by law, acts of authorized public authorities, their officials or arising under the contract .

According to Art. 4 of the Law prohibition of alienation and seizure of immovable property, tax lien, the subject of which is immovable property, as well as other encumbrances, are subject to state registration.

Encumbrances subject to state registration in accordance with the Law arise from the moment of such registration. Encumbrances on real property rights that arose before January 1, 2013 are recognized as valid in the presence of one of the following conditions:

1) the registration of such rights was carried out in accordance with the legislation in force at the time of their occurrence;

2) at the time of occurrence of such rights, the legislation was in force, which did not provide for their mandatory registration.

It follows that encumbrances that are subject to state registration are considered terminated from the moment of state registration of their termination in the State Register of Real Rights to Immovable Property.

The law includes encumbrances: prohibition of alienation, seizure of real estate, tax lien, the subject of which is real estate, as well as other encumbrances.

St. 27 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" stipulates that state registration of encumbrances is carried out on the basis of:

1) court decision on encumbrance of real rights to immovable property, which has entered into force;

2) the decision of the state executor on encumbrance of real rights to immovable property;

3) a document specified by law, on which the notary has made an inscription on the imposition of a ban on the alienation of real estate;

4) the decision of the local self-government body on the assignment of real estate to the obsolete housing stock;

5) an agreement concluded in the manner prescribed by law, which establishes the encumbrance of real rights to immovable property, or its duplicate;

6) the law prohibiting the use and / or disposal of real estate;

7) other acts of public authorities and officials in accordance with the law.

Encumbrances are terminated on the basis of the relevant documents, which indicate the termination of the cause / circumstance / grounds for the existence of the encumbrance. It follows that the document that is the basis for state registration of the termination of the encumbrance of immovable property must be issued by the body that initiated the occurrence / registration of such encumbrance.

"Removal" of encumbrances in the language of legislation in the field of state registration of real rights to immovable property and their encumbrances is called state registration of termination of encumbrances.

To conduct state registration of encumbrances on real property rights, the applicant, in addition to a document confirming the occurrence, transfer and termination of encumbrances on real property rights, submits a copy of his identity document (except for a document certifying an official of a public authority or body Local Government).

If the application is submitted by a personally interested person, in addition to the document specified in the first paragraph of this paragraph, a copy of the registration number of the taxpayer's account card shall be submitted (exception - absence due to religious beliefs).

The state registration of termination of encumbrances of real rights to immovable property as a result of lifting the ban by a notary is carried out by the notary who lifted the ban.

In case of state registration of encumbrances of real rights to immovable property not at its location, the state registration body, the notary who conducted such registration, within a period not exceeding  five working days , transmits the application, copies submitted by the applicant for state registration rights of documents, a document confirming the payment for an extract from the State Register of Rights, a document on payment of administrative fees, as well as other documents issued, executed or received by him during the state registration of rights, the state registration of rights at the location of such real estate property in the manner prescribed by the Ministry of Justice, for the formation of the registration case in accordance with the law.

In case of state registration of encumbrances on real property rights, copies of the extract from the State Register of Rights shall be provided in accordance with the requirements of the Procedure for State Registration of Real Property Rights and Encumbrances - to the applicant, owner and other right holder of real property encumbered (debtor).

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