The lawyers of the Danish Refugee Council in Ukraine helped the owner to restore his rights to the apartment.
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Publication date:
25/04/2024
Quite often, technical errors in housing documents complicate the life of the owner and make it impossible to fully use and dispose of their property. One small mistake in a housing ownership certificate can cause many problems. What if there is a mistake in the house number? What if you are told that the apartment where you were born and lived for all your 30 years does not belong to you, because your documents have a different address? Then you have to seek legal assistance and prove that your home is yours.
For example, a man named Oleksandr, a lawyer at DRC's Sumy office, was approached by a man named Oleksandr who had just such a situation. After his mother's death, he turned to a notary to formalize the inheritance of an apartment that belonged to the family (mother, father, son and daughter) on the right of joint joint ownership.
The notary refused to accept the inheritance and said that the information on the ownership of the apartment was not entered in the Unified Register of Real Estate Rights. Moreover, it is impossible to enter such information because the Certificate of Joint Ownership of Housing contains an error in the address of the house, namely the number of the apartment building is listed as No. 52, although the registration of the entire family, utility bills, and all other documents contain the address of the house under No. 52A. Thus, Oleksandr, his father, and his sister are limited in their possibilities as owners, and their apartment, where they lived all their lives, is not legally theirs. And after the death of their mother, none of them will be able to formalize the inheritance of her share in the apartment.
In the course of providing legal aid, it was found that the register of rights to real estate contains information about the house number 50, but it is a private house and there are no apartments in it. Thus, it became clear that Oleksandr's housing ownership certificate contained a technical error in the number of house number 52, which was made by the body of the enterprise that issued it back in 1992 and which cannot be corrected today, since the enterprise itself has already been liquidated and there are no legal successors.
The lawyer made requests to the Department of Infrastructure, the Department of Architecture and Urban Planning, the City Council, the archives, the housing office and the BTI archive for information and documentation on the house, and collected evidence of a technical error in the house numbering. All these documents and evidence were submitted to the Bureau of Technical Inventory to obtain a certificate of ownership of the housing, which indicated that there was a technical error in the Certificate of Ownership of the housing in the numbering of the house.
Thanks to qualified legal support, within a month Oleksandr and his family were able to restore their rights, receive an inheritance and enter information into the Real Estate Rights Register about the ownership of their apartment, so they could fully use and dispose of it. Free legal aid was made possible by humanitarian aid from the European Union.
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