Privatization
In 1940, two land plots were allocated to the relatives of the individual (hereinafter referred to as the deceased individual) for the purpose of constructing two separate residential buildings. In fact, one building was constructed, which was partially located on both plots. Subsequently, this building was assigned address №20.
In 1970, a separate building was constructed on the second plot, which received address №20A. Since then, there have been two physical real estate objects on the plot — building №20 (the first) and building №20A (the second).
In 2017, the deceased individual, who was actually residing in building №20, submitted documents for the privatization of the residential building.
The village council issued a certificate of residence in building №20.
Based on this certificate, the privatization procedure was initiated.
However, during the preparation of technical documentation by the BTI, a different building was described — №20A (matching the area, configuration, materials, etc.).
This technical documentation was used to formalize the ownership rights, which were registered in the state register at address №20.
Thus, a legal conflict arose:
The register indicates the address of building №20;
However, the actual privatized object is building №20A, according to the description and characteristics in the BTI documents.
At the time of privatization, the land plot under the building was not registered.
In 2020, this individual passed away, leaving a will in which they appointed as heir the person who previously appeared in the village council as the owner of the property.
The task is to understand what exactly was privatized — was it the building №20 or was it №20A?
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1 day120 USD
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Here it's simple! I will help you with solving this issue! Write
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2 days36 USD
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Hello, I am a notary with 25 years of experience. Currently abroad, I have the desire and opportunity to cooperate with you. Experience working with an unlimited number of similar cases.
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Practicing lawyer, I have experience working with cases in the court of cassation (civil jurisdiction). I can help you understand your issue.
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According to Article 26 of the Law of Ukraine "On State Registration of Property Rights…", the individual characteristics of an object are primarily the area, configuration, number of floors, materials, and technical passport.
The postal address is a derived attribute: it can be changed without losing ownership rights if other identifiers are preserved (Ministry of Justice letter No. 31-32/306 dated 16.02.2016).
Ready to help resolve the issue.
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Good afternoon. Practicing lawyer, ready to discuss your question.
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1 day29 USD
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Hello! I have experience in handling matters related to inheritance, wills, privatization, and other related issues.
Overall, I don't see any critical issues; I am ready to explain everything and provide justification.
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