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Legal briefing notes

The abridgements (encumbrances) that are subject to registration in the Unified State Register of Immovable Property

The judicial encumbrances may include the multiplicity of circumstances, which affect the opportunities of the owner regarding the object of property (the rent, financial lease, DDU contract, seizure of property, etc).

As well as the recognition of the rights through registration in the Russian State Register the encumbrances may be registered in the state authority. The grounds and other aspects of rights that are related to the encumbrances are established in the legislation in the Russian Federation «On the state registration of property rights».

The legal nature of encumbrances of the property rights

Each of the abridgements that are provided in the legislation has legal grounds that may be divided into several categories:

  • Temporary usage of an object of property (the rent, the fiduciary management).
  • The encumbrance according to the decision of the court (seizure of property).
  • The object is used as security (the mortgage, other credit liabilities with bail).
  • The owner is not entitled to the full rights of possession.

The legal meaning of determination of the encumbrance of the property rights to provide the full information on the object of property to the users who are not included in the transaction on the transfer of the property rights (for banks, real estate agents, state registers, etc).

The procedure of registration of the encumbrances of the rights on the objects of construction

The procedure of registration of the abridgement aspects is individual for every type of transaction under which the legal framework of owners changes. Quite often, the requirements on the detection of the abridgement changes in the state registers may appear at the moment of the agreement conclusion (the rent, the mortgage). Also, there are cases when in the state registers the information on the encumbrance may be included automatically for example according to the decision of the court.

There are cases of encumbrance that are caused by management contracts. After signing such a contract, the owner of the object should register relevant changes and it is important to indicate all legal authorities that the trustee receives. The right of disposal can not be established by definition.

Important moments

The minimal package of documents that you need to register encumbrances of the property rights:

  • An application in the prescribed form;
  • the constitutive documents and an extract from the Uniform State Register of Legal Entities;
  • Decision of a Director/ Board of Directors
  • A copy of identity document;
  • spousal consent (in case the natural person fills the documents);
  • two or more copies of the agreement;
  • statement of release and acceptance;
  • the document that confirms the payment of the state fee;
  • If the interests are represented by a third person there should be notarized letter of attorney.

Author is Alexander Tarkhnov

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