Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Removal of seizure from real estate (apartments, houses, land)
A seizure of real estate may be imposed in cases provided by law. Such a restriction on property is imposed to secure a claim, enforce a writ of execution, satisfy the interests of a creditor, or confiscate (with or without compensation for the market value of the property). During a seizure of real estate (apartments, houses, or land), the owner loses the ability to freely dispose of it, including selling, pledging, or performing any other actions. We’ll discuss in more detail how seizures of real estate (apartments, houses, or land) can be lifted today in the article below.
Seizure of Real Estate: When is it Applied?
Arrest Imposed by authorized bodies (enforcement agencies, notaries, courts) based on specific requirements or decisions. Seizure is used in:
- Firstly, criminal proceedings (as a form of punishment, evidence, or to ensure compensation for damages to the victim);
- Secondly, civil, commercial, and administrative legal disputes (as part of the enforcement of a court decision, for example, when invalidating a contract and requiring the return of a land plot or building to its rightful owner);
- Thirdly, enforcement proceedings (for the purpose of debt collection through foreclosure on mortgaged property).
Get legal advice on lifting a lien on real estate
Seizure of an apartment, house, or land during enforcement proceedings: how can a debtor protect themselves?
For the debtor, the key task is to ascertain the grounds and use legal mechanisms to lift the encumbrance. To verify the existence of an encumbrance, you can use information from the State Register of Rights to Real Estate or information from the “Action” website. The fastest way is to submit an electronic request for an extract, but if this is difficult (particularly due to technical impossibility), you can contact a local notary.
Next, you should find out how the seizure was imposed—whether as part of the debt collection process or during the commencement of the court hearing. In the first case, there are two options: either pay the debt (if the enforcement service has initiated proceedings—collecting the enforcement fee) or appeal the seizure by submitting a written petition to the relevant private or state enforcement officer. If the case reaches court and is more serious, there’s only one option: after consulting with a lawyer, file a lawsuit.
Important! If it turns out that a lien on an asset (apartment, house, or land plot) was imposed to fulfill a relevant agreement (for example, a loan), then, in cases provided by law, you can contact a notary to have it lifted. According to Article 74 of the Law of Ukraine “On Notaries,” a lien is lifted when the creditor notifies the debtor of full repayment, the agreement is terminated, the guardianship and trusteeship authorities request the elimination of the circumstances that led to the lien on the child’s property, etc.
What needs to be done to lift a lien on real estate (apartment, house, land)?
For a successful lifting of a seizure, it is important, as partly noted earlier, to correctly determine the legal basis and the authority that imposed it. This could be a seizure imposed by a court, an investigating judge (if a criminal offense has been committed), or a bailiff (for example, based on a notary’s writ of execution). Below, we will discuss in more detail how to proceed in each case.
In Enforcement Proceedings
According to the Law of Ukraine “On Enforcement Proceedings,” the bailiff is obligated to issue a corresponding order if the following conditions are met:
- receipt of funds sufficient to satisfy the creditors’ claims into the bailiff’s account;
- a written expert opinion on the impossibility of selling the seized property due to damage (if the property is to be confiscated);
- receipt of a court decision (ruling) to cancel the security measures.
A written application will serve as the basis for considering the lifting of the seizure. Learn more by scheduling a consultation with our real estate lawyer.
In a litigation
If a seizure is imposed by a court, judicial mechanisms for lifting the seizure are applied, which are as follows:
- Filing a motion to lift the interim measures
- Appealing the court’s ruling.
The most important thing, in particular, to lift a seizure of real estate in a criminal case is to argue that the grounds for such an encumbrance have ceased to exist or that the investigating judge violated the procedure for imposing it in accordance with the current Criminal Procedure Code of Ukraine.
Removing a lien on real estate with the help of a lawyer: what can we offer our clients?
Our firm’s lawyers will ensure the fastest possible restoration of your property rights, relying on a thorough assessment of the situation and sound legal argumentation. With the necessary knowledge and experience, they will:
- conduct a consultation;
- prepare a legal opinion on the case;
- develop a petition or application to lift the seizure;
- support the conclusion of a settlement agreement with the creditor or injured party;
- provide legal representation in commercial and civil cases related to the disposal of real estate;
- appeal court decisions on appeal and cassation.
Have questions? Please fill out the form below to receive a consultation and find out the cost of legal support for lifting the seizure of real estate (apartments, houses, land).
Calculate the cost of services
1 question
Is the property located in Kyiv or Kyiv region?
2 question
Do you need advice on real estate and construction?
3 question
Do you need legal assistance urgently?
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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