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Real estate and construction Cancellation of state registration of ownership rights based on a court decision

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

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Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Cancellation of state registration of ownership rights based on a court decision

In accordance with the current national legislation (primarily the Law of Ukraine No. 1952-IV), it is possible to appeal the actions of the state registrar to the court. Therefore, it is allowed to cancel registration actions, to recognize as invalid the documents that served as the basis for the registration of property rights, or to recognize the actions of the state registrar as unlawful. In the article, we will examine this issue in more detail.

When is the cancellation of state registration of property rights allowed?

Cancellation of a property right record is a procedure that is allowed only in cases clearly defined by law. The main reason for this is a corresponding court decision. At the same time, it is worth emphasizing that a court decision to cancel the actions of the state registrar, to declare them invalid or to cancel documents is allowed only with the simultaneous resolution of the issue of property rights and their encumbrances in relation to a specific real estate. This was introduced in order to ensure the stability of legal relations in this area.

Moreover, this is also allowed by applying to the Ministry of Justice. But only when obvious violations of the law are identified in the actions of the relevant authorized person.

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Court decision on cancellation of state registration of property rights: how to obtain it?

As a general rule, such disputes are considered within the framework of civil or commercial proceedings. In particular, if a dispute arises between individuals, it will be considered by a civil court, and if between legal entities, by a commercial court.

A key aspect when filing a claim is the correct determination of the defendant. In cases of cancellation of state registration, the proper defendant will be the person whose right or encumbrance was registered, and not the state registrar. The latter will be involved in the case as a defendant only if his actions constitute a gross violation of the law. However, the case itself will then be considered within the framework of administrative proceedings.

The procedure for obtaining a court decision itself is as follows:

preparation and submission of a statement of claim (it is necessary to clearly substantiate the grounds for cancellation and provide appropriate evidence);
consideration of the case by the court in the procedure of claim proceedings (the parties’ explanations are heard, evidence is examined and a final verdict is adopted);
receipt of a court decision on satisfaction of the claim claims (gains legal force and can be submitted to the state registrar for the purpose of taking appropriate actions only after the expiration of the term for appeal).

It will also be useful: Division of a residential building in kind

Claim for cancellation of state registration of ownership rights

A statement of claim is the main legal document filed with the court by a person (his representative by proxy) whose rights are violated by the state registration of ownership rights to real estate. The main aspects that should be taken into account are the following:

first, the claim is filed with the court at the location of the real estate or at the place of residence of the defendant;
secondly, the application must clearly substantiate the grounds, which may include a violation of the procedure, invalidity of documents, lack of legal grounds for registration, violation of the plaintiff’s rights as a result of illegal registration (for example, in cases of raiding or “double registration”);
thirdly, in addition to the evidence that the plaintiff submits at his own discretion, it is mandatory to submit copies of it for all parties to the case, a receipt from the bank on payment of the court fee or an application for exemption from paying it (for more details, see the Law of Ukraine No. 3674-VI).

The procedure for canceling the registration of property rights by the state registrar after receiving a court decision

In this case, the state registrar acts according to a special procedure determined by the current national legislation. The main stages include:

automatic transmission of an electronic copy of the decision on the day it enters into legal force to the registrar;
formation of an application by the state registrar on the day the court decision is received;
entry of relevant information into the State Register of Real Rights to Real Property (hereinafter referred to as the RRRP).

After that, the information becomes available for review in an extract from the RRRP. For more detailed information, you can order a consultation with our real estate lawyer.

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How can lawyers of the Law Firm “Prikhodko and Partners” help?

Individual legal consultations

situation analysis. Lawyers will study in detail your request, documents, as well as the prospects for considering the case in court;
clarification of current legislation. You will also be provided with comprehensive advice on the norms that regulate your issue, the features of implementing the relevant procedures;
determination of the optimal defense strategy. Lawyers will help determine the most effective legal strategy to achieve the desired result.

Support in court for the cancellation of state registration of property rights

preparation of a statement of claim. Lawyers will professionally draw up a statement of claim, clearly formulate the claims and grounds, and select the necessary evidence in the case;
representation of interests in court. Our experienced specialists will participate in court sessions, provide explanations and objections, file motions and prepare other procedural documents;
appeal of court decisions (if necessary).

By filling out the form below, you can receive high-quality legal advice on the cancellation of state registration of property rights and find out the cost of our lawyer’s support in court. Don’t delay: get professional legal assistance today!

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Were other lawyers handling your case?

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Are you in Kyiv or Kyiv region?

Yes

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Do you need legal assistance urgently?

Yes

In which regions of Ukraine do you work?

The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.

We provide our services in all regions of the Kyiv region, for example:
Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
Brovary district (the cities of Brovary, Berezan).
Buchansky district (towns of Bucha, Irpin, Vyshneve).
Vyshhorod district (the cities of Vyshhorod, Slavutych).
Obukhiv district (towns of Obukhiv, Boguslav,
Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
Fastiv district (the cities of Fastiv, Boyarka).

It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!

Do you provide consultations online or over the phone?

Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.

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