The encumbrance issued in 1965 was lifted

Our client’s property released from the illegal encumbrance imposed as a disposal ban.

Our client’s property released from the illegal encumbrance imposed as a disposal ban.

Our client found out that, according to the State Register of Property Rights to Real Estate, there was an encumbrance imposed on all his privately owned properties (residential house, flat, several land plots) as a disposal ban registered in 2006 on the grounds of the pledge agreement issued by a public notary office back in 1965. The encumbrance was transferred by a state registrar in 2013 from the now-abolished Unified Register of Prohibitions on Real Estate Disposal that had been valid until 1 January 2013.

In 2019, he contacted our law firm and asked our lawyers to help lift that unjustified disposal ban imposed on all his assets.

In response to our lawyer request, the State Notarial Archives informed that our client’s total namesake (specified without any other identification) had a lien imposed on his house or right to build for 500 karbovanets in 1965. However, neither the received response, nor the Register of Prohibitions on Real Estate Disposal attached, contained any other information about the person whose property was under lien, such as his date of birth, place of registered residence, passport details, or any other data that would help identify him.

Our lawyers took all necessary procedural steps and, as a result, in January 2021, the court made a decision to correct the technical error in the State Register of Property Rights to Real Estate and invalidate the data in the State Register of Property Rights to Real Estate as regards the existing encumbrance imposed on our client’s property which had been mistakenly migrated from the Unified Register of Prohibitions on Real Estate Disposal, by way of removing the respective encumbrance entry.

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