Publication date: 07.06.2024
lawyer, 23 years of experience in enforcement.
When buying or selling real estate, it is very important to have a complete understanding of the legal status of the property.
This procedure involves:
- - study of documents related to property ownership;
- recognition of any obstacles that may hinder the legitimacy and legality of the agreement.
Documents confirming ownership:
- - an official agreement of purchase and sale, donation, life support, annuity, donation, gift and inheritance.
- a document certifying the acquisition of real estate, which is withdrawn from public bidding (auctions).
Purchase of mortgaged property at auction (public bidding);
- - certificate of ownership;
- a document on legal succession;
- a document on the spouse's ownership of a share of joint property.
- agreement on distribution of inherited property;
- a mutual agreement on the conclusion of the right to maintenance on the condition of acquiring the right to unsecured property.
- a mutually agreed opinion on the right to alimony for a child in connection with the transfer of property into ownership;
- agreement on the distribution of a percentage of the total amount (summation);
- a mortgage agreement, an agreement to satisfy the requirements of the mortgagee, if the terms of the agreement specify that the mortgagee is the owner of the object.
- refereeing;
- The purchase and sale agreement, which is registered on the stock exchange, is concluded in accordance with the legislation.
In addition, actions regarding the alienation of property and its collateral, the ownership of which is documented, are verified by submitting documents certifying the state registration of property rights of individuals who own it.
Confirmation of a person's ownership is carried out through the State Register of Real Property Rights, which is used to obtain information about the state of affairs in real time (State Register of Rights).
The State Register of Rights contains information from the State Register of Rights regarding real rights, as well as information about the time and date of their provision, as well as information about the absence of registered real rights, encumbrances of real rights (Current information).
At the request of an individual, information on registered property rights, as well as information on the acquisition, change and termination of these rights, as well as information on the status of the register and its integral part in chronological order (Detailed information).
To obtain information from the State Register of Rights in paper form (up-to-date and detailed information), it is necessary to obtain information from the registrar of rights to immovable property, a service provision center or a notary's assistant. Information can be obtained electronically (only up-to-date information) on the Diya portal or the Online House of Justice portal.
It has been documented that the official website of the Ministry of Justice has posted a video with instructions on how to obtain information from the State Register of Rights.
The Ministry of Justice noted that since January 1, 2013, a system of state registration of rights has been introduced in Ukraine in accordance with the Law of Ukraine "On State Registration of Property Rights to Immovable Property and Their Encumbrances" (hereinafter - the Law).
By January 1, 2013, the procedure for state registration of ownership rights and other real rights to immovable property was initiated, in particular, it concerns the technical inventory bureau (BTI) in the Register of ownership rights to immovable property and on paper media (Registration books and applied studies), both of which BTI is still being conducted.
Until January 1, 2013, the state registration of the right of ownership, the right to use (servitude) land plots, the right to permanent use of land plots, lease contracts for land plots, the use of land for agricultural needs (emphyteusis)) were all carried out by territorial organizations of land resources. 1878-VI "On Amendments to the Law of Ukraine" regarding state registration of real property rights and other legislative acts related to Ukraine.
Currently, the state registration of rights in accordance with the first part of Article 6 of Article 10 of the Law belongs to the powers of the executive authorities in the village, settlement, city of Kyiv, district in the city of Kyiv. the cities of Kyiv and Sevastopol. Notaries are also part of executive bodies.
The Ministry of Justice also emphasized that it is necessary to review whether the redevelopment was carried out, whether the retaining walls were destroyed. If this is the case, it must be duly confirmed by formalized documents, in particular a new technical passport.
It is also important to assess the state of debt for communal services. This will avoid possible problems and ensure security when buying real estate.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the actions in the relevant situations and will help to collect the necessary documents and, if necessary, accompany the court proceedings.
