Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for restoring lost documents for a land plot
In accordance with the provisions of Art. 1 of the Law of Ukraine "On Information", a document is considered to be a physical medium containing information, the main functions of which are its preservation and transmission in time and space.
State registration of ownership rights to immovable property is considered official recognition and confirmation by the state of the facts of acquisition, change or termination of real property rights to immovable property by entering relevant information in the State Register of real property rights to immovable property (Part 1, Article 2 of the Law of Ukraine "On State Registration real property rights and their encumbrances"). It is these records, and not the document itself, that is confirmation that a citizen has rights to a land plot.
According to the provisions of Part 4 of Art. 334 of the Civil Code of Ukraine, rights to immovable property subject to state registration arise from the date of such registration.
If the documents were stolen, the first thing to do is to file a report with the police.
In accordance with the provisions of Section II of the Procedure for Keeping Unified Records in Police Bodies (Subdivisions) of Statements and Reports of Criminal Offenses and Other Events, approved by the Order of the Ministry of Internal Affairs of Ukraine dated February 8, 2019 No. 100, information about the detected criminal offense is registered in the Unified Record Log, and the applicant is issued a coupon-notification about the acceptance and registration of his application.
As a result of the investigation, the stolen documents can be found and returned to the owner of the land plot.
If the owner lost the title document issued after January 1, 2013, then all necessary data on the state registration of his rights, including information on the grounds for the emergence of rights, have already been entered in the State Register. It is the information in the registers about the ownership of a person that gives him the right by law to take actions, the result of which is the acquisition of ownership rights to a land plot, change or termination of such rights.
In accordance with the provisions of clause 1 ch. 2. ch. 2 of the procedure for performing notarial acts by notaries of Ukraine, in the event that the state registration of the ownership of a land plot was carried out without issuing a document certifying such a right or in connection with the loss, damage or deterioration of the relevant state deed on the right of ownership, the certificate of the right of ownership on immovable property, a notarial act regarding such property is performed on the basis of information from the State Register of Property Rights to immovable property obtained by direct access to it. Such information is attached to a copy of the deed, certificate, etc., which remains in the notary's files.
Thus, if the corresponding right is registered in the State Register, then there is no reason to restrict the owner's right to dispose of his property. In such a case, the right of ownership is confirmed on the basis of information from the State Register of Property Rights to immovable property, which is obtained by direct access to it, without requiring the corresponding duplicates of ownership documents.
In order to restore the corresponding document issued before January 1, 2013, it is necessary to contact the state registrar.
If the applicant has a copy of a lost, damaged or damaged state act, a certificate of land plot ownership, a corresponding copy is also submitted.
As a general rule, the state registration of property rights and other property rights (except mortgages) is carried out by the state registrar within 5 working days from the date of registration of the relevant application.
At the request of the applicant, registration actions can be performed in a shorter period of time for an additional fee.
According to Clause 53 of the Procedure for State Registration of Property Rights to Real Estate and Their Encumbrances, for state registration of property rights and other property rights to a land plot, the registration of which was carried out before January 1, 2013 in accordance with the legislation in force at the time of their occurrence, in connection with the loss, damage or corruption of the relevant state act on the right of ownership or permanent use of a land plot, information from the State Land Cadastre or the Register of Property Rights, which is an archival component of the State Register of Rights, and a paper medium of information (register books, registration cases, the maintenance of which was carried out by enterprises of the technical inventory bureau).
The state registration of the relevant rights is carried out exclusively on the condition that the state registrar establishes the presence of registered property rights on the basis of such documents in the State Land Cadastre or in the Register of ownership rights to immovable property, or on paper information carriers (in register books, registration cases, which were maintained by enterprises of the bureau technical inventory), with a mandatory entry in the State Register of Information Rights about the loss, damage or destruction of the relevant document.
There are cases when it is not possible to issue duplicates of lost title documents due to various reasons. Then, an option to solve the problem may be to submit a claim to the court to recognize ownership of the real estate object or to establish a legal fact. At the same time, the court decision becomes a legal document.
According to the legal position of the Grand Chamber of the Supreme Court dated December 18, 2019 in case No. 522/1029/18, the condition for using such a defense method as the recognition of the right of ownership through the court is proof that it is not possible to restore such a right by other means, except the judicial one (for example, receiving a written response from the state registrar about the impossibility of carrying out registration actions regarding the property in the absence of the original title document for it or the notary's refusal to issue a certificate of the right to inheritance).
The requirements for filing a claim are contained in Art. Art. 175-177 of the Code of Civil Procedure of Ukraine.
There is no clear definition of the term "duplicate" in current legislation, but from the practice of using terms, words and phrases in jurisprudence, a duplicate is a second copy of a document that has the same legal force as the original. That is, the duplicate document contains the same information as the original. In fact, issuing a duplicate consists in reproducing the text of the document, the duplicate of which is issued, which is aimed at restoring such a document in the event that it is impossible to use the latter for certain reasons.
Therefore, by contacting the Legal Service "Consultant" you will receive professional legal services and all types of legal services related to the restoration of lost documents. A lawyer or an attorney, having made a legal analysis of the situation, will provide professional legal assistance and, if necessary, accompany the court proceedings.
