Publication date: 24.01.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Check real estate can be an important step in various legal and financial transactions, such as buying and selling, appraisal, obtaining a loan, dividing property in a divorce, etc.
Also, an inspection can be carried out to determine the condition of the object before construction or repair work is carried out. Here are the main steps and aspects of a real estate inspection:
Legal review (legal audit):
Checking the legal purity of property ownership.
This includes verification of the right holder, determination of the presence of any encumbrances (for example, liens, encumbrances, land use restrictions), analysis of legal documents (title deeds, sales agreements, inheritance rights, etc.).
Financial verification:
Determining the market value of real estate through appraisal. Study of accounts and other documents reflecting the financial condition of the object.
Technical inspection:
- Check property rights for real estate Inspection of the technical condition of buildings and structures on the land plot.
- This may include an inspection of electrical networks, water supply, heating, ventilation, sewage, the condition of the roof and other elements of the building.
Ground check:
Verification of legal ownership of a land plot, determination of its boundaries and area, study of possible restrictions on the use of land.
Tax audit:
Analysis of tax liabilities and obligations related to real estate.
Inspection of engineering communications:
- Checking the availability and condition of engineering communications, such as gas supply, electricity supply, water supply, sewerage.
- It is important to obtain all the necessary documentation from the property owner and participate in all inspections together with specialists who have the appropriate skills and knowledge in the field of real estate.
- The final information from the inspection will help you make an informed decision about further actions with the real estate object.
In Ukraine, there are various circumstances that may limit or prohibit the alienation of property. You can check the encumbrance of real estate based on the following circumstances:
Court decisions:
- Court orders, such as property seizures or foreclosure orders, may be issued in connection with various legal cases or debtors.
- If the court makes a decision to seize the property, it may limit its alienation until the end of the court proceedings.
Prohibition of alienation by decision of tax authorities:
The tax service authorities can issue a decision prohibiting the alienation of property in case of tax debt or other financial obligations to the state.
Prohibition of alienation by court decision regarding alimony:
If one of the parties in a family relationship does not fulfill its obligations regarding the maintenance of family members, the court may issue a decision prohibiting the alienation of its property to ensure the alimony obligation.
Prohibition of alienation in connection with bankruptcy:
In case of bankruptcy of a natural person or a legal entity, restrictions on alienation of property may be established to ensure the interests of creditors.
Restrictions when registering an inheritance:
In the case of inheritance, there may be restrictions on alienation of property until the inheritance is completed and inheritance rights are registered.
Contractual restrictions:
- Restrictions on alienation may also arise from agreements between the parties, such as restrictions specified in contracts or agreements relating to property.
- These circumstances may vary depending on the specific situation and type of property. In each case, it is important to consult professionals such as lawyers or notaries to obtain accurate information regarding restrictions and legal consequences.
- Verification of the owner of the real estate is also an important stage before buying the property, criminal record, presence of other owners, etc.
- It is possible to check the owner of the real estate with the help of a qualified lawyer. Check real estate before purchase
