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Legal briefing notes

State registration of termination of ownership rights for real estate

The legal grounds for termination of ownership rights

According to the legislation in the area of property rights the legal grounds for the termination of property rights are:

  • waiver from property claims;
  • the processing of disposition of property rights on the contract of sale or gift agreement;
  • The deliberate or unforeseen liquidation with the loss of values (fire, demolition);
  • Registered transformation of a property (section, distribution integration, etc.)
  • Other reasons provided for by the law, for example the exclusion as the result of judicial recovery according to the court decision.

Note: It is important to know that the termination of property rights for the object of construction as the result of its liquidation should be accompanied by the record in the cadastral registers according to the regulations on the discontinuation of reporting from the 218-FL. Also for the termination of the common or private property right there should be an expert examination of liquidation.

Otherwise, before the moment of registration of the liquidation of the property rights the owner should fulfill all requirements on the tax maintenance of the object. So the actual liquidation is not the reason for the owner to avoid the requirements on the application on the loss of tenancy rights.

The involuntary termination of property rights

The involuntary termination of property rights for the object of construction or a land plot that is caused by the enforcement order or decision of a court obliges registration of termination of ownership rights only if such requirement is indicated in the decision of the court authority. For example, it can be seizure of property in its legal nature is not considered the full termination of property rights but it imposes certain limits.

Note: In case there are no such requirements in the operative part of the decision it can not be a reason for the refusal in registration of previously declared rights on the property or land plots.

In case of any significant changes of the object that were caused by redevelopment or the division of property, the disposition or destruction of the structural part it is necessary to register the application on the loss and then registration for the new objects of property. This applies to the registration in the cadastre.

The minimal package of documents that you need for registration of termination of ownership rights for real estate

  1. An application in the prescribed form;
  2. The constitutive documents in case if application is given by legal entity. An extract from the Uniform State Register of Legal Entities also can be suitable;
  3. Decision of a Director/ Board of Directors;
  4. A copy of identity document in case if application is given by natural entity;
  5. spousal consent in written;
  6. two or more copies of the agreement;
  7. statement of release and acceptance;
  8. the document that confirms the payment of the state fee;
  9. If the interests are represented by a third person there should be notarized letter of attorney.

Note: In case of transmission or withdrawal of property right in favour of the third party there is no need to pay the state fee. In any other cases the state fee for natural entities is 2 rubles and for legal entities is 22 rubles.

Author is Alexander Tarkhnov

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