News

21-10-2016

Changing property registration procedure does not guarantee full protection of the owners – partner at “Spenser & Kauffmann” Attorneys at Law

Changing the procedure of real estate title registration can hardly protect the owners from raid on the property as this problem should be solved on another level.

Aleksandra Fedotova, Partner at “Spenser & Kauffmann” Attorneys at Law expressed her opinion during the last meeting of the Ukrainian Real Estate club Committee

One of the subjects for discussion was the Law “On Amendments to Certain Legislative Acts of Ukraine Regarding improvement of state registration of real estate title and property rights protection” (based on the draft law № 5067), which was recently submitted to the President of Ukraine for signature.

Adopted changes will certainly eliminate existing gaps in registration, however, we shouldn’t overestimate the effect of the “anti-raider” law”, – said Ms. Fedotova. As an example she mentioned the changes, amended to the part 2 of the article 12 of the Law “On State Registration of rights to Real Estate and their Encumbrances”

According to the current version, the information in the State Rights Register should correspond to the information in the registration file in paper containing documented record of rights to real estate and their encumbrances. In case of discrepancy, the priority is given to the data in the registration file in paper.

After the changes come into force, the priority will be given to the data in the documents, based on which registration operations were conducted.  According to some experts, this should strengthen protection from raider attacks.

According to Aleksandra Fedotova, this can protect somehow from technical mistakes of maintaining a file, but not against targeted illegal attacks on the property. In order to solve the latter problem, law enforcement agencies should undertake qualitative measures to prevent, suppress and solve crimes.

“Registrar, as he is not an expert, will make a copy of false documents in the same way as he does with real ones when implementing registration procedures. Thus, the legislator attempts can be considered as useless until raiders bear criminal responsibility”, – stressed Aleksandra Fedotova.