Main points
- Loss of land documents can be resolved by contacting the police, placing an advertisement in the press, and obtaining duplicates through a notary or archive.
- If it is impossible to obtain a duplicate, the only way is to go to court to recognize ownership or establish the legal fact of ownership of the property.
Restoration of land documents / Photo Unsplash
Losing land documents is a common problem faced by Ukrainians. However, it is possible to restore ownership if you follow a clear algorithm.
Officially record the loss of documents
Lawyer Oleksandr Gruzdev, in a commentary for Channel 24 , said that the loss of documents for a land plot (state act, purchase and sale agreement, or extract from the register) is an unpleasant situation, but it is completely solvable. The main thing is to follow a clear algorithm of actions to obtain duplicates that have the same legal force as the originals.
First of all, it is necessary to confirm the fact of the absence of documents:
- Contact the police: Report the loss or theft of documents. This will protect you from possible fraudulent actions with your property.
- Advertisement in the press: Place an advertisement about the loss of documents in a local printed newspaper (“Due to the loss, the state act in the name of…” is considered invalid. Be sure to save the copy of the newspaper with the advertisement – you will need it to obtain duplicates.
Search for duplicates in issuing authorities
According to the lawyer, the path to recovery depends on which document was lost.
Oleksandr Gruzdev
Lawyer, Ivan Khomych Law Office
If the State Act is lost, contact the territorial body of the State Geocadastre. There you can get a copy of the act (if it is preserved in the archives) or a certificate stating that the original has not been preserved. It is also worth ordering an Extract from the State Land Cadastre.
- If the contract (purchase and sale, gift, exchange) is lost: Contact the notary who certified the transaction. He will issue a duplicate of the contract.
- If the land was transferred by a council decision: Contact the archives of the local council (village, township, or city) for a copy of the decision to transfer the land into ownership.
Registration of rights in the State Register (DRRP)
Even if you have a duplicate of the old-style deed (for example, a blue or green state deed), the ownership right, according to the lawyer, must be entered into the modern State Register of Real Property Rights. To do this, contact the state registrar or notary with a package of documents:
- passport and TIN;
- duplicate of the title document;
- receipt for payment of the administrative fee. After registration, you will receive an Extract from the Register, which will be the main document confirming your right today.
What to do if it is impossible to obtain a duplicate?
Oleksandr Gruzdev also notes that there are cases when archives are destroyed or data in the registers is missing. In such a situation, the only way out is to go to court.
- You can file a lawsuit to recognize ownership or a statement to establish the legal fact of ownership of property.
- A court decision that has entered into legal force in this case itself becomes a legal document, on the basis of which registration is carried out in the State Register.
The specialist advises not to delay with the restoration: “Having up-to-date data about your land in electronic registers is the best protection against raiding and a guarantee that you will be able to freely dispose of your property (sell, donate, or inherit).”
The land under the house is not privatized: what does this mean and what should the homeowner do?
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The land under the house needs to be privatized in order to be able to use it, donate it, register an inheritance, sell it, or otherwise alienate it.
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Registration of the plot is carried out by the territorial department of the State Land Agency, and for this it is necessary to submit an application with copies of documents and a receipt for payment of services.