In some cases, the executed state registration of ownership of an apartment or house can be canceled. The reason may be either a violation by the registrar or a problem with the document under which a person received the real estate.<\/p>\n
When can registration of ownership be canceled<\/p>\n
State registration can be canceled if the registrar carried it out based on documents that did not confirm the acquisition of the right. This was reported by the lawyer of JSC “Competence” Marina Sutkovich in a commentary on Channel 24.<\/p>\n
The grounds may be contradictions with already registered rights or other circumstances under which the registrar should have refused the applicant. The court may also declare the purchase and sale agreement or donation invalid or cancel another document on the basis of which the ownership right was entered into the register.<\/p>\n
The entry in the register itself does not create ownership, but only confirms that the person has already acquired it. The basis for this may be a contract of sale or donation, a certificate of inheritance or other legal fact. Therefore, during the dispute, it is necessary to establish what exactly was illegal: the registrar’s decision or the basis for acquiring the property.<\/p>\n
Why cancellation of registration may not be enough<\/p>\n
Cancellation of the registrar’s decision does not always help the owner return the property. The method of protection depends on what exactly caused the person to lose the right to the property or the ability to own it.<\/p>\n
If the problem lies in the contract, it may be necessary to appeal it. When an apartment or house is already in the possession of another person, the owner may demand the recovery of the property, that is, its return from someone else’s illegal possession.<\/p>\n
A separate rule applies if the property left the owner’s possession under a contract that was not actually concluded. In such a situation, the property can be recovered without separately appealing the contracts regarding it and canceling the decisions on state registration of ownership.<\/p>\n
As a reminder, a buyer can lose an apartment due to the seller’s debts, even if there were no arrests or other encumbrances in the registry at the time of the transaction. This is possible if the creditor contests the sale and proves that the property was alienated to avoid foreclosure.<\/p>","protected":false},"excerpt":{"rendered":"
In some cases, the executed state registration of ownership of an apartment or house can be canceled. The reason may be either a violation by the registrar or a problem with the document under which a person received the real estate. When can registration of ownership be canceled State registration can be canceled if the […]<\/p>\n","protected":false},"author":1,"featured_media":11712,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[],"class_list":["post-11711","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-article"],"_links":{"self":[{"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/posts\/11711","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/comments?post=11711"}],"version-history":[{"count":1,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/posts\/11711\/revisions"}],"predecessor-version":[{"id":11713,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/posts\/11711\/revisions\/11713"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/media\/11712"}],"wp:attachment":[{"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/media?parent=11711"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/categories?post=11711"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corporativ.info\/en\/wp-json\/wp\/v2\/tags?post=11711"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}