Removal of Arrest from Real Estate (apartments, houses, land)

Removal of Arrest from Real Estate

Removal of arrest from real estate is a legal procedure for terminating a restriction that prevents the owner of an apartment, house, land plot, or other property from fully disposing of it. An arrest may prevent:

• sale of real estate;
• gifting;
• mortgaging the property;
• division or other registration actions;
• completion of certain property transactions.

In enforcement proceedings, an arrest of property is used to ensure actual enforcement of a decision, and the enforcement officer imposes it by issuing an order on seizure of property or an inventory and seizure order.

Before applying to a court or enforcement officer, it is necessary to determine the exact origin of the arrest: the same entry in the register may result from completely different procedures and require different mechanisms for cancellation.

When Real Estate May Be Arrested

An encumbrance most commonly arises in three situations:

• in enforcement proceedings — to secure compulsory enforcement of a decision;
• in a civil or commercial dispute — as an interim measure;
• in criminal proceedings — on the basis of an order of an investigating judge or court.

These grounds should not be confused because:

• an arrest imposed by an enforcement officer is removed under the Law “On Enforcement Proceedings”;
• a court-ordered interim measure is cancelled by the court;
• an arrest in criminal proceedings is cancelled under the Criminal Procedure Code.

Benefits of Working with Prikhodko & Partners

We begin by establishing the complete legal history of the encumbrance. Our lawyers help:

• obtain and review information from the State Register of Property Rights;
• identify the authority or person who imposed the arrest;
• locate the relevant court or enforcement case;
• determine whether the grounds for the restriction still exist;
• prepare an application to a state or private enforcement officer;
• prepare a motion to cancel interim measures;
• support removal of an arrest in criminal proceedings;
• file a separate lawsuit if the arrest was imposed on another person’s property;
• verify the actual removal of the encumbrance from the register.

How to Check an Arrest on an Apartment, House, or Land Plot

The first step is to obtain current information from the State Register of Property Rights to Immovable Property. It is important to establish:

• which specific property is under arrest;
• the registration date of the encumbrance;
• the registration entry number;
• the legal basis for the restriction;
• the authority or official who initiated it;
• the relevant court case or enforcement proceeding number.

Only after that is it possible to determine where to submit an application for removal of the arrest.

Removal of Arrest from Real Estate in Enforcement Proceedings

If the arrest was imposed by a state or private enforcement officer, Article 59 of the Law of Ukraine “On Enforcement Proceedings” applies. The law provides several mechanisms for lifting an arrest. In particular, an enforcement officer may remove it in cases expressly provided by law, including when sufficient funds have been received to satisfy the creditor’s claims, enforcement fees, expenses, and penalties. Therefore, the lawyer checks:

• whether any debt remains outstanding;
• whether the decision has been fully enforced;
• whether an enforcement fee or private enforcement officer’s remuneration remains unpaid;
• whether the arrest was imposed in violation of procedure;
• whether there is a court decision cancelling the arrest;
• whether another special statutory ground exists.

What to Do If the Debt Has Already Been Paid

If the owner has repaid the debt, it is necessary to check more than just the payment itself. The following are relevant:

• the principal debt;
• the enforcement fee;
• enforcement proceeding expenses;
• penalties;
• the private enforcement officer’s main fee;
• the status of the enforcement proceedings.

Once a statutory ground arises, the enforcement officer must issue the relevant order and the necessary information must be transmitted for termination of the encumbrance.

How to Remove an Arrest If the Property Does Not Belong to the Debtor

A separate category of cases arises where an enforcement officer has arrested real estate that actually belongs to another person. Article 59 of the Law expressly allows such an owner to file a lawsuit seeking:

• recognition of ownership rights to the property;
• removal of the arrest from the property.

After the court decision becomes final, the enforcement officer must remove the arrest by order no later than the next day after becoming aware of the decision.

Removal of an Arrest Imposed by a Court as an Interim Measure

If an apartment, house, or land plot was arrested by a court as an interim measure, applying only to the enforcement officer will not resolve the issue. The Civil Procedure Code of Ukraine allows the court to cancel interim measures:

• on its own initiative;
• upon a reasoned motion of a party to the case.

A motion to cancel interim measures must be considered by the court no later than five days after receipt. The court issues a ruling, which may be appealed. Grounds for such a motion may include:

• absence of further need for the arrest;
• changes in the circumstances of the case;
• elimination of the risk of disposal of the property;
• dismissal of the claim;
• termination of the proceedings;
• other circumstances showing that the continued restriction is no longer justified.

Does an Interim Measure Automatically End After the Court Case?

Not always immediately. If the claim is granted, interim measures generally remain in force for 90 days after the judgment becomes final, and if enforcement proceedings are opened within that period, they may remain in force until the judgment is fully enforced. If:

• the claim is left without consideration;
• the proceedings are terminated;
• the claim is fully dismissed,

the court states in the relevant decision that the interim measures are cancelled, and they cease to apply once that decision becomes final.

Removal of Arrest from Real Estate in Criminal Proceedings

If real estate is arrested in a criminal case, Article 174 of the Criminal Procedure Code of Ukraine applies. A motion to cancel the arrest may be filed, in particular, by:

• the suspect;
• the accused;
• defense counsel;
• another owner or possessor of the property;
• a representative of a legal entity in cases provided by law.

During the pre-trial investigation, the motion is considered by the investigating judge, and during court proceedings — by the court. The Criminal Procedure Code sets a review period of no later than three days after receipt of the motion. To cancel the arrest, it may be necessary to show, for example, that:

• there is no longer any need to continue the arrest;
• the arrest was imposed without proper grounds;
• the property does not correspond to the purposes for which such a restriction is permitted;
• other circumstances provided by law have arisen.

What Happens to the Arrest After Criminal Proceedings Are Closed

The Criminal Procedure Code provides separate mechanisms for termination of an arrest when a criminal case ends. When closing criminal proceedings, the prosecutor cancels the arrest of property if it is not subject to special confiscation. The court also resolves the issue of cancelling the arrest when issuing a decision that ends the trial, including in cases provided by law involving acquittal, closure of proceedings, or non-application of confiscation.

Arrest of an Apartment

When an apartment is under arrest, it is necessary to check:

• who the registered owner is;
• whether there are co-owners;
• when and by whom the arrest was registered;
• whether the apartment is mortgaged;
• which debt became the basis for enforcement;
• whether the compulsory sale procedure has begun;
• whether there is a court dispute concerning ownership itself.

If the apartment needs to be urgently sold, gifted, or inherited, the encumbrance must first be properly resolved — a notary cannot simply “ignore” an active arrest.

Removal of Arrest from a House

For a private house, the land plot should also be checked. It is possible that:

• only the house is under arrest;
• only the land is under arrest;
• both properties are encumbered;
• the house and land belong to different persons;
• old arrests with different legal grounds remain in the registers.

Therefore, each registered property should be reviewed separately.

Removal of Arrest from a Land Plot

When dealing with land, it is important to check:

• the cadastral number;
• the registered owner;
• the legal basis for ownership;
• the arrest in the State Register of Property Rights;
• mortgages;
• other encumbrances;
• court cases involving the land plot;
• enforcement proceedings.

Even after a specific arrest is removed, another prohibition or mortgage may continue to block disposal of the land, so the entire list of encumbrances should be reviewed.

Old Arrest Remaining in the Register

A common situation is when the owner discovers an arrest while trying to sell the property, even though the debt or court case arose many years ago. In such cases, it is necessary to reconstruct the history:

• who entered the record;
• whether the relevant authority or enforcement proceedings still exist;
• whether the case materials have been preserved;
• whether the debt has been repaid;
• whether the enforcement document was returned;
• whether there is a court decision;
• why the encumbrance still remains in the register.

An old entry does not disappear merely because many years have passed — a proper legal basis is required to terminate the encumbrance.

Are Arrest and Prohibition on Disposal the Same Thing?

No. Different encumbrances may exist in the register:

• arrest of property;
• prohibition on disposal;
• mortgage;
• tax lien;
• other registered restrictions.

Therefore, the exact type of entry must be identified before preparing an application. For example, a notarial prohibition on disposal may arise from separate legal relations and is removed under a different procedure than an arrest imposed by a state enforcement officer.

Which Documents Are Required to Remove an Arrest

Depending on the situation, the following may be required:

• an information extract from the State Register of Property Rights;
• ownership documents;
• the enforcement officer’s order;
• materials of the enforcement proceedings;
• a court ruling;
• a court judgment;
• documents confirming repayment of the debt;
• a loan or mortgage agreement;
• materials of criminal proceedings;
• other documents confirming that the legal grounds for the arrest have ended.

Stages of Cooperation with a Lawyer

1. Review of the State Register of Property Rights. We identify the exact encumbrance entry.
2. Identification of the legal basis. We locate the court case, enforcement proceedings, or criminal proceedings.
3. Document analysis. We determine whether the grounds for maintaining the arrest still exist.
4. Procedure selection. Application to the enforcement officer, motion to the court, or a separate lawsuit.
5. Document preparation. We prepare the application, motion, complaint, or claim.
6. Representation. We support consideration of the matter.
7. Register monitoring. We verify the actual removal of the encumbrance after a positive decision is obtained.

Cost of Removing an Arrest from Real Estate

The cost of legal support depends on the legal basis and history of the arrest. The price is affected by:

• the type of real estate;
• the number of arrested properties;
• the number of encumbrance entries;
• whether the arrest arises from enforcement, civil, or criminal proceedings;
• availability of materials from the old case;
• the need for court proceedings;
• the need to restore missing documents;
• the existence of multiple creditors;
• the need for an appeal;
• the scope of registration support after the decision.

Common Situations Involving Arrest of Real Estate

Conclusion

Removal of an arrest from real estate should begin not with a universal lawsuit, but with determining who imposed the encumbrance, when it was imposed, and on what legal basis. Different procedures apply to arrests in enforcement proceedings, interim measures in court cases, and arrests in criminal proceedings, so proper legal classification allows the shortest lawful route to restoring the ability to dispose of an apartment, house, or land plot.

Have you discovered an arrest on an apartment, house, or land plot and cannot complete a real estate transaction? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will review the State Register of Property Rights, determine the legal basis of the encumbrance, and identify the necessary steps for its removal.