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Perepelchenko Anatolii

Deputy Managing Partner

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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Was your property illegally transferred to another owner? Have you suffered from “black registrars”?

The Law of Ukraine “On State Registration of Real Rights to Immovable Property and Their Encumbrances” contains a rule that registration actions for the registration of real rights to immovable property are carried out exclusively at the location of the property.
Exceptions are the regions of Ukraine. Thus, state registrars who have access to the State Register of Rights in, for example, the city of Kharkiv, also have the right to register the property rights of objects located in the Kharkiv region. Exceptions are cities with a special status, so the registrar of the city of Kyiv has no right to register the property rights of objects located in the Kyiv region and vice versa.

The Law also stipulates that the procedure of termination of encumbrance (prohibition) can be carried out regardless of the location of the property, and the termination of the mortgage only at the location of the property. Yes, after repaying the loan to exempt the property from the ban and the mortgage, you need to delete two records.

As for the activity of notaries as state registrars, the state registration of real rights to immovable property and their encumbrances that arise (change, terminate) as a result of a notarial act – is carried out by a notary who performed such an act, regardless of the location of immovable property.

Termination of a mortgage without concluding a relevant agreement, which is certified by a notary, is a registration action. Since the mortgage is a real right, not a encumbrance, the state registration of the termination of the mortgage is subject to the requirement to register at the location of the object.
State registration of encumbrances on immovable property is carried out both as a result of a notarial act and without a notarial act, regardless of the location of immovable property.

State registration of ownership by the testator on the basis of paragraph 66 of the Procedure № 1127 is carried out within the region, Kyiv, Sevastopol, and not at the place of registration of inheritance.

The law does not explicitly provide for the principle of territoriality to cancel the records of the State Register of Rights.

However, state registrars should proceed from the fact that, firstly, the cancellation of records is not a registration of encumbrances, and secondly, according to part five of Article 26 of the Law in the manner prescribed for state registration of rights (except in cases where such actions are carried out in the manner prescribed by Article 37 of the Law).

Thus, the cancellation of the state registration of rights or the cancellation of the decision of the state registrar must be carried out on a territorial basis.

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