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Difficult but successful: Vinnytsia resident confirms ownership of apartment in court

Publication date: November 22, 2023

Oleksii, Vinnytsia resident, turned to the Podil Center for Human Rights with a rather complicated situation that he could not resolve independently. The man did not have the proper documents regarding the ownership of his apartment, so he could not sell it.

Oleksii said that the problem with the mismatch of documents was discovered by a notary whom he had contacted when he decided to sell his apartment. The man provided all the real estate papers he had, but no proper title documents would confirm that he owned the apartment. In addition, there was no information about the owner in the Unified State Register of Real Property Rights.

To move forward, the notary advised Oleksii to apply to the state registrar with a request to enter the relevant information into the State Register of Real Property Rights. However, he failed to do so. 

Oleksandr Dovbysh, a lawyer at the Podil Center for Human Rights.
  • It turned out that the only document the man had, which he considered a proper document of ownership, was a certificate from the municipal housing and maintenance enterprise. The certificate contained information that Oleksii had paid the total share contribution for the apartment and was its owner, explains Oleksandr Dovbysh, a lawyer at the Podil Center for Human Rights, who undertook to help Oleksii.

However, this was not enough to register the real estate ownership, so the state registrar refused the man and advised him to go to court.

He turned to the Podil Center for Human Rights for legal assistance.

Oleksandr Dovbysh advised Oleksii to prepare a statement of claim for recognition of real estate ownership and file it with the court. 

– The court’s decision* satisfied the claim in full and recognized Oleksii’s ownership of the apartment, summarizes the lawyer.

Now Oleksii can freely and legally dispose of his real estate, including selling his apartment.

*Link to the court decision: https://reyestr.court.gov.ua/Review/114100433

The material was created with the support of the international charity platform GlobalGiving and the Charles Stewart Mott Foundation. The publication’s content is solely the responsibility of the Legal Development Network.

P. S. More relevant information on legal and humanitarian issues – is in the special section #StandWithUkraine. It accumulates materials that may be useful to those who suffer, whose rights are violated as a result of the war between russia and Ukraine.

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