Registration of titles (encumbrances) to real estate

In case of state registration of the emergence, modification or termination of the right of common joint ownership, an application for registration is submitted by all participants or one of them with the consent of the other participants using EDS and approval through the personal account of the PEP.

In case of state registration of the occurrence, modification, termination of the right (encumbrance) of common shared ownership (other common law), an application for state registration is submitted by all participants (authorized representatives).

A title document confirming the object of registration is attached to the application.

In case of registration of the right (encumbrance) to a land plot, an identification document for the land plot is submitted.

In case of assignment of rights (claims) under real estate pledge agreements, an agreement on assignment of rights (claims) (agreement on simultaneous transfer of assets and liabilities) is submitted.

In cases where rights (encumbrances) arise on the basis of a contract or other transaction, an application is submitted in accordance with the established procedure by all participants in the transaction.

An application for registration of the occurrence and modification of a pledge provided as security for a bank loan agreement is submitted by the pledgor and (or) the pledgee.

In case of filing an application by the pledgee, the notarized consent of the pledgor for such registration is required.

In case of assignment of rights (claims) under real estate pledge agreements, an application for registration of the occurrence and modification of the pledge is submitted by the pledgee to whom the rights (claims) have been assigned, without the consent of the pledgor for such registration.

Legal claims are legal facts that indicate that third parties are challenging or have an interest in the rights to real estate, transactions with it.

the initiator of the service can be an individual or a legal entity, or through representatives (lawyers, legal consultants) with documents confirming their authority (agreements, power of attorney).

Legal claims may be registered, including:

• the fact of filing a statement of claim (a statement of claim with a note of acceptance by the court (ex. number)
• appeals or appeals against judicial acts
• the decision on the withdrawal of the land plot
• agreement (receipt) on the deposit
• preliminary agreement
• other facts..
•  List of documents:

- identity document;

- a document confirming a legal claim (statement of claim, complaint, deposit agreement, other statement indicating the reason for the imposition of a legal claim);

- receipt

• State registration of legal claims is accounting and does not entail suspension of state registration or establishment of encumbrance of rights to immovable property.

The removal of legal claims to the real estate object is carried out in the following cases:  

• if the circumstances that served as the basis for the registration of a legal claim have disappeared; the applicant is the person on whose initiative the legal claim was registered, and a written statement in any form is attached indicating the reason for the withdrawal of the legal claim;
• at the request of the interested person and with the consent of the person on whose initiative the legal claim is imposed. the applicant is an interested person only with the consent of the person on whose initiative the legal claim is registered, while a written application in any form is attached indicating the reason for the withdrawal of the legal claim (the person who imposed the legal claim must confirm his consent to the withdrawal from the EDS
•  Interested persons may apply for an extension of the registration of a legal claim before the deadline.

• The expiration of the specified period does not prevent the application for re-registration of a legal claim to immovable property.
• Receipt

the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

A pledge is an encumbrance that arises at the conclusion of a pledge agreement and ensures the fulfillment of the main obligation (for example, a loan of money).

The right to use the property encumbers this property. Such rights include:

- the right to rent;

- the right of gratuitous use (loan agreement).

- easement (this is the right of limited targeted use of someone else's land, including for passage, passage, laying and operation of necessary communications, hunting and other needs);

- the right of lifelong maintenance with a dependent is a type of rent (which arises on the basis of a contract when the recipient of the rent transfers the immovable property belonging to him to the property of the payer of the rent, and the latter undertakes to carry out lifelong maintenance with the dependent of this citizen or a third person specified by him). 

The rights to use real estate for a period of at least one year are subject to mandatory registration. Without registration, these rights are not considered to have arisen.

List of documents:

- pledge agreement

- notarial consent of the spouses (or a prenuptial agreement)

- receipt

- power of attorney

the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents:

- supplementary agreement of the pledge agreement

- notarial consent of the owner's spouse (or marriage contract)

- power of attorney

- receipt

the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents: - re

-pledge agreement

- notarial consent of the spouses (or a prenuptial agreement)

- power of attorney

- receipt 

 the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents:

- notification (either a letter of termination of encumbrance (pledge), or an agreement on termination of the pledge agreement)

- power of attorney

- receipt

 the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents:

- transfer certificate

- agreement on assignment of rights (claims) (agreement on simultaneous transfer of assets and liabilities)

- power of attorney

- receipt

 the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents:

- notification

- power of attorney

the initiator of the service can be an individual or a legal entity, or through representatives with documents confirming their authority (power of attorney).

List of documents:

- notification

- power of attorney