Removal of arrest from real estate in Ukraine

Removal of arrest from real estate is a series of actions aimed at obtaining documentary evidence of the unjustification or inexpediency of the application of the ban on the alienation of real estate. The procedure is a complex process that depends on many factors. The point is that the reasons for imposing a restriction can be very different. That is why, in each specific case, the release of the arrest from the property takes place on an individual basis. However, there are certain steps that can help with this problem.

Who made the arrest and why?

The first step is to determine by whom and on what basis the sanctions were imposed. This will be the starting point in removing the arrest from your property. In Ukrainian legislation, the reasons for the application of such restrictions are clearly spelled out:

  • In civil proceedings in case of non-payment of alimony, disputes about the division of property, debt obligations, compensation for losses, etc.
  • In the course of a business process involving the seizure of property due to debt.
  • In connection with the initiation of a criminal case, during which the property was recognized as material evidence or was arrested for other reasons.

In order to find out the name of the body that imposed the ban, as well as the details of the corresponding document, you can use the following methods:

  • applying for information in the USRSR;
  • obtaining an extract from the Unified State Register of Rights to Real Estate and Their Encumbrances.
  • services of a notary or lawyer.

The first method allows you to find out about the availability of a court decision on the arrest of real estate for free via the Internet. To do this, you just need to visit a specially created state website and enter the address at which your property is located. But the information obtained in this way is not reliable, since the database is not always updated on time. It is also worth considering that in the USRSR there is no data on seizure by a public or private executor.

The second method also involves using the Internet, but is no longer free. To determine the existence of an arrest on real estate, you will need to use the website of the Ministry of Justice of Ukraine. After filling out the application and paying a small fee, you will receive all the information on the real estate you are interested in. However, if restrictions are imposed before 2013, they will not be displayed, since the registry was created only this year.

The most reliable and proven way to find out if there is a seizure on real estate is to contact a notary or a lawyer. Only a qualified specialist will be able to accurately determine all the circumstances and provide the full amount of information.

Removal of arrest from real estate imposed by the court

In civil proceedings, in order to revoke the sanctions that were applied by the court to your property, you will need to prove in the relevant judicial institution that there is no need for arrest or a change in the situation in the case, in connection with which the grounds for using the restrictions have disappeared. A description of the procedure for removing the arrest from real estate imposed by the court is fully available in article 154 of the CPCU. Usually, a lawsuit is used to lift sanctions, as well as an appeal against decisions or actions.

If the arrest was imposed in the course of a criminal case, then in order to remove it, you will need to submit a petition in accordance with Article 174 of the Criminal Procedure Code of Ukraine to the investigating judge (at the stage of preliminary investigation) or to the court (with the already started court proceedings). To do this, it is necessary to study all the circumstances of the case and provide evidence of the groundlessness of the seizure of property.

In the economic process, the removal of the arrest from real estate is possible only after the elimination of the reasons for which it was imposed. That is, it is necessary to pay off the arisen debt or prove its absence.

How to remove the seizure of property imposed by GISU?

In order for the sanctions imposed on your property by the decision of the state to be canceled. performer, you can use the following methods:

  • prove violations during the arrest procedure;
  • achieve recognition of the inexpediency or impossibility of selling your property;
  • appeal against the actions of the state. executor in a judicial institution;
  • wait until the end of the enforcement proceedings;
  • satisfy the claims made by the claimants, as well as pay the enforcement fee, the costs of enforcement proceedings and the received fines.

At the same time, if your property was seized and was not removed at the end of the enforcement proceedings, and the case was destroyed due to the expiration of its storage period, which is three years, then you need to submit an application to remove the seizure from real estate in court.

Removing the arrest of a notary

The notary has the authority to seize property in various cases, for example, certifying a pledge agreement for property, life support or inheritance. The ban on alienation is lifted in each case in different ways:

  • Upon termination of the pledge (mortgage) agreement, the prohibition is canceled upon applications from each party to the agreement or upon the application of only the debtor, if he confirms the fulfillment of the obligation under the agreement.
  • Under an agreement of lifelong maintenance or an inheritance agreement, the notary cancels the ban only after the alienator has passed away, having received an application from the acquirer of the property. But if the agreement was declared invalid or canceled by a court decision, then any of the persons specified in the agreement can contact a notary.

Legal assistance in removing the arrest from real estate

If you have any questions, then our highly qualified lawyers are ready to help. All you need to do in order to get professional legal advice is to fill out an online application or contact us by phone. We are well versed in the peculiarities of removing the arrest from real estate in Ukraine and will be able to solve a problem of any complexity. By contacting us, you can be sure that your interests will be protected.

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