THE IMPORTANCE OF THE AVAILABILITY OF LEGAL DOCUMENTS

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Ovsianko Anhelina

Lawyer of real estate, construction and land law

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THE IMPORTANCE OF THE AVAILABILITY OF LEGAL DOCUMENTS

Reading time: 2 min.

 The law firm "Prikhodko & Partners" is often approached by clients who do not have any title documents to real estate. That is, such a person uses the property, owns it, but in fact has no final proof of ownership. It does not matter whether it is an apartment, house, land or other property. Usually such situations arise when the property is inherited but not re-registered, acquired property decades ago or simply such documents are lost.

 Since the proclamation of Ukraine's independence in 1991, there are a large number of legal documents in our country confirming the right of ownership of property. In addition, Soviet-era legal documents are added to this list. Please note that they have changed, changed their shape, but still operate today. The only nuance - information about such property will be missing in the Unified State Register of Real Property Rights and their Encumbrances. This is due to the fact that the current principle of property rights is its legality upon acquisition and registration in accordance with the legislation in force at the time of acquisition.

Documents of the Soviet era:

  • Decisions of local governments. They granted the right of permanent or temporary use (for example, the decision to allocate land to garage cooperatives);
  • Donation agreement for a residential building / apartment (certified and not certified by notary offices);
  • Decisions of people's courts of the Soviet era.

Documents of independent Ukraine:

  • State acts;
  • Certificates (per share);
  • Certificates of ownership issued by privatization bodies;
  • Stock exchange contracts for apartments;
  • A certificate from the cooperative certifying the human right to an object equivalent to its share contribution.

 An excerpt from the state register of real rights to immovable property is a modern legal document for real estate. This procedure for entering information into the register began in 2013. There is no obligation to re-register real estate for which you have old title documents.

 A separate specific document that confirms the ownership of property during its establishment in court is a court decision recognizing the ownership of a particular object.

  Why is having and obtaining title deeds to real estate so important?

 The document itself confirms your rights to a particular object. Lack of documents can cause various disputes and problems when interacting with third parties. For example, when selling, donating, reconstructing, changing the purpose (land). Also, the lack of documents is an extremely negative factor in the presence of a dispute over ownership with other persons.

 If you have additional questions, please contact the law firm "Prikhodko and Partners", we will be happy to help you and protect your property rights!

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