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KPD CONSULTING Law Firm has restored the infringed right of System Fort LLC (Client) in eliminating discrepancies between current and archive component of the State Register of Proprietary Rights to Real Property (hereinafter - the Register).

Until January 1, 2013, registration of rights to real property was conducted in old Register, which after January 1, 2013 became an integral archive component of current Register. However, in case of registration actions with property registered before January 1, 2013, information about proprietary rights to such property shall be entered in current Register and a mark on cancellation of such record shall be entered in the archive component.

As of January 1, 2016, set of laws on reform of business and real estate registration system came into effect and notaries were given the right to act as registrars. However, according to the above mentioned changes the notaries have no access to archive component of the Register.

Due to these legal gaps there were cases in practice when a notary, while acting as state registrar have entered information in the Register without being able to cancel the record in its archive component. As a consequence, depending on search options in the Registry several persons were shown as the true owners of the same property.

System Fort LLC (Client) has applied to KPD CONSULTING Law Firm at the stage when in the result of legal gaps a real estate owned by the Client was seized as property belonging to the seller (previous owner).

KPD CONSULTING Law Firm attorneys have proved in court that the seizure of the Client's property was illegal. Further, as a result of cooperation with the Ministry of Justice of Ukraine, a practical realization of the Client's right to cancel the archive record in the State Register of Proprietary Rights to Real Property and to make relevant records regarding real estate objects in name of System Fort LLC was ensured. This will allow the client to avoid further unlawful seizure and any transactions with its property.

Igor Kalitventsev

Managing Partner

KPD Consulting

 

 

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev (i.kalitventsev@kpdconsulting.com.ua). We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.

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